IPTango
Hi! Welcome to our blog for intellectual property law and practice in Latin America
Hola, bienvenido a nuestro blog de Derecho y práctica de la propiedad intelectual en Latinoamérica
Olá! Boa vinda a nosso blog para a lei da propriedade intelectual e a prática na América Latina

Patentability of polymorphs: the interpretation of novelty and inventive step in Brazil

 
The title corresponds to a recent article published in the Journal of Intellectual Property Law and Practice (Oxford University Press) available here. This piece came as a collaboration between myself and Fernando Seixas, a Pharmacist and Patent Specialist based in Rio de Janeiro, Brazil.

The article reviews a couple of decisions by the Brazilian National Institute of Industrial Property (INPI) concerning patent applications of polymorphs and their counterparts in the EU and the US. The aim was to note inconsistencies in regards to the mere interpretation of concepts and therefore, to make aware applicants in how these terms are used in practice on the requirements of ‘novelty’ and ‘inventive step’.

Fernando has also written on this blog and we are always happy to receive and hear about your projects, and your interest. We more than welcome collaborations, and are indeed happy to facilitate networking in IP in Latin America.

Peru: A red card for Roja Directa

 
In Peru, the Copyright Commission, which is branch of the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI), announces that it has issued two precautionary measures Resolutions No. 444-2018 / CDA-INDECOPI and No. 445-2018 / CDA-INDECOPI ) against a webpage.

The Commission has ordered the blocking of the website named ‘Roja Directa’, which facilitates illicit access to the transmission of various sporting events, in particular, football matches. For example,a bit of a search would indicate that they are the 'world's biggest index of sport streams'. The Resolutions were imparted to Telefónica del Perú S.A.A. and América Móvil Perú S.A.C., both Internet service providers. They shall proceed to block the website called 'Roja Directa' which contains several e-addresses. [Back in 2015 we may remember that in Spain a court also requested 'Roja Directa' to immediately cease its dissemination activity which was through the provision of links, of the football matches of the Spanish League and the Copa del Rey].

Roja Direct was infringing copyright and secondary rights as it contained a list of links that were transmitting simultaneously a sport event without having neither a license nor authorization by the company Fox Latin American Channel LLC (the right holders).The Decision No. 486 establishes the Common Industrial Property Regime of the Andean Community (Bolivia, Colombia, Ecuador and Peru are all members) and, the Decreto Legislativo N° 822 de 23 de abril de 1996 regulates Copyright. In the latter, it is noted that the economic rights, derived from the property of a copyrighted work, grants the author (owner) the right to prevent third parties from: communicating to the public, reproducing, distributing and transforming the work. It is strongly advised to register copyright in Peru, although it is not compulsory.

The precautionary measure was requested by Fox Latin American Channel LLC in order to protect its rights. Currently there are collecting societies in Peru such as: APDAYC for the authors and composers of musical works; UNIMPRO for phonogram producers; EGEDA PERÚ for audio-visual producers and; APSAV for visual artists. They are non-profit organizations.

Brazil: GI update

 
This week the Brazilian National Congress published the Legislative Decree No. 154, of 2018. This Decree approves the agreement signed between Brazil and Mexico for the mutual recognition of ‘cachaça’ (Brazil) and tequila (Mexico) as geographical indications respectively.

Same line of news, we also heard that Brazil registered another national GI. This time the registration of GI was granted, as a designation of origin (DO), to bananas of the Region of Corupá ---published in the Magazine of Industrial Property (RPI) nº 2486.

The banana is from the subgroup Cavendish, with mean values higher than those of other fruit varieties. Another quality existing in this banana is its sweet taste joined with a lower acidity. The registration may have some social-economic implications as the Corupá Region has many rural families who benefit from the production of bananas in this unique environment. The region benefits from some peculiarities of climate, the ‘know-how’, traditions and local cultures.

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