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

Intangible Cultural Heritage, Intellectual Property and the Politics of Development

 
The Enredados network (policymakers, academics, and practitioners in the fields of intellectual property (IP) and intangible cultural heritage (ICH)) is pleased to invite you to a seminar and panel discussion.

Intangible Cultural Heritage, Intellectual Property and the Politics of Development
Christoph Antons (University of Newcastle, Australia)

In countries of the “developing world”, intangible cultural heritage is important for both national development policies and the rights claims of local and indigenous communities. All intangible cultural heritage is originally local, but national governments tend to shift it to the national level in the interest of nation building and income from tourism. Where communities have migrated or live across borders drawn by colonial powers, this has triggered disputes between neighbouring countries, whereby governments use different national histories and interpretations of an often mystical past to support heritage claims. Law as an instrument of the state has supported this centralisation of heritage claims and administration in the initial stages.

Image result for christoph antons
Antons' latest edited volume
Recently, however, communities have begun to articulate their own regional and local interests in heritage and are finding some support from constitutional reforms strengthening human rights and supporting decentralisation policies. Such decentralisation policies in turn were triggered by a paradigm change in development policies which aimed at a reduction of what was perceived as central government corruption and at a better sharing of resources with regions and provinces. The presentation will show the bargaining in this context about intangible cultural heritage (and related royalties) between communities, communities and governments and between the governments of neighbouring countries. In claiming what they perceive to be their rights, the parties involved use frequently changing combinations of legal principles with varying degrees of validity and legitimacy, drawn in particular from intellectual property law, international law, environmental law, constitutional law and customary law. The presentation will focus on examples from Southeast Asia, with brief comparative observations related to developments elsewhere.

Place: Coventry University London Campus
Middlesex Street, London, UK
Date: Monday 23 September 2019
Time: 5.30pm-8pm
*FREE ENTRANCE*


Enredados aims to encourage debate on the following issues:

  • the relationship between IP and ICH safeguarding;
  • the intersections between IP and ICH-related policy; and
  • how IP protection might be used as a tool for safeguarding ICH.


See you there.

Illegal Streams: shutting down in Ecuador

 
The Ecuadorian Institute of Intellectual Property (IEPI) currently named SENADI (National Intellectual Rights Service) is the state entity that regulates and controls the application of IP. The Organic Code of the Social Economy of Knowledge, Creativity, and Innovation is the IP legislation applicable.

SENADI has different divisions, one of them is the Órgano Colegiado de Derechos Intelectuales, which is the office in ‘charge of attending all administrative resources and cancellation actions that are presented before it’.



The latest measure by SENADI is seen as a ‘milestone’, but why?

Background: in August 2019, DIRECTV Ecuador C. Ltda., and the National League of Professional Football, LALIGA, presented an administrative action against MEGAPLAY and LIKETV in Ecuador. SENADI carried out an inspection of a property in which supposedly there was equipment that allows access to TV signals without authorization.
How did it work? MEGAPLAY  and LIKETV were retransmitting unauthorized audio and video signals to their clients. The clients paid an amount to watch the programs as well as having a device called TV Box, that received the retransmitted signals.
The result: SENADI ordered the blocking of Internet Protocols (IP) that allow access to internet television MEGAPLAY and LIKETV in Ecuador.

This is not, however, the first time SENADI blocks illegal sites. Back in June 2019, SENADI blocked 5 sites belonging to ROJA DIRECTA which also specializes in streaming sports. Ecuador follows other countries in the region. In Argentina, the video streaming Cuevana.tv site (12 million monthly users) was blocked in 2011. In 2017, the Mexican national IPO suspended SPORTFLIX (the NETFLIX of sports ) due to copyright infringement. Just because is a new way to communicate and distribute TV programs, it does not mean that they are outside the IP legislation – watch out.

Chile on promoting national products

 
In Sept 2019, the Chilean Intellectual Property Office (INAPI) and Pro Bono Foundation signed a cooperation agreement seeking to promote the ‘education and culture of industrial property protection.’ The aim is to disseminate and guide users about ‘how to protect their brands and innovations’.

Background: Pro Bono is a NGO and a non-profit organization launched back in 2000. The organization ‘promotes and facilitates democratization in access to justice for the benefit of vulnerable people and groups and social organizations.’ It is made of 39 legal firms, 10 companies and an array of lawyers.

Image result for sello de origen chileOne of the key areas will be the use of ‘sello de origen’ - seal of origin, which aims to preserve and stimulate particular forms of traditional manufacturing/production, traditional crafts, and unique ‘national’ products. The purpose of ‘sello de origen’ is to promote the ‘adequate use of industrial property tools for the recognition and protection of Chilean products through the registration of Geographical Indications (GI), Denominations of Origin (DO), Collective (CoM) and Certification Marks (CeM)’. Check our previous post on this here.

There are six regions in continental Chile and as on the 12th of Sept 2019, the following products are benefiting (or to benefit) from these tools:

Norte Grande
Oregano de la Precordillera de Putre (oregano) – registered as GI
Aceitunas de Azapa (olives) – registered as GI
Maíz Lluteño (corn) – registered as GI
Limon de Pica (lime) – registered as GI

Norte Chico
Aceite de Oliva del Valle del Huasco (olive oil) – registered as DO

Centro
Manos de Isla negra (textiles handicraft) – registered as CeM
Dulces de Ligua (sweet pastries) – registered as GI
Sabor Limachino (tomatoe) – registered as CeM
Chicha de Curacaví (alcolic drink) – registered as DO
Dulces de Curacaví (sweet pastries) – registered as GI
Viñedos Casablanca Route (wine products) - registered as CoM
Sandía de Paine (watermelon) – registered as GI
Corazón de Paine (watermelon_ - registered as CoM
Chamantos y mantas corraleras de Doñihue (textiles) – registered as DO
Sal de Cahuil - Boyeruca Lo Valdivia (salt) - registered as DO
Alfarería de Pomaire (traditional clay jars) – registered as DO
Crin de Rari (miniature knitting) – registered as DO
Loza de Pilén (clay pots) – registered as DO
Puerro Azul de Maquehue (leek)– pending as GI
Mieles Altos de Cantillana Producida en Alhué 100% Natural (honey) – pending as a CoM

Sur
Alfarería de Quinchamalí (sweet pastries) – registered as DO
Tomate Angolino (tomatoes) – registered as GI
Prosciutto de Capitán Pastene (ham) – registered as DO
Piedra Cruz (semiprecious stone) – registered as DO
Sidra de Punucapa (cyder) – registered as DO
Cerveza Valdiviana Región de Los Rios (beer) – registered as CoM
SIPAM Chiloé (agricultural patrimony products) – registered as CeM
Cordero Chilote (lamb) – registered as GI
Chupallas de Ninhue (traditional handmade hats) – registered as DO

Austral
Calidad Aysén Patagonia-Chile (products and services) – registered as CeM

Insular
Atún de Isla de Pascua (tuna) – registered as GI
Langosta de Juan Fernández (lobster) – registered as GI
Cangrejo Dorado de Juan Fernández (crab) – registered as GI
Joya Negra del Pacífico (handicraft) – registered as CeM

New Brazilian slogan 'Brazil, visit and love us' challenged for copyright infringement

 
Image result for brazil, visit and love usBrazillian’s Tourism Institut (Instituto Brasileiro do Turismo – Embratur for short) has launched a slogan that is intended to be used abroad in order to foment Brazil as a tourism destination: 'Brazil, visit and love us'.

The slogan has been criticized for different reasons, for example, displaying a sexual overtone relating to the use of the pronoun 'us' instead of 'it'. Former Embratur's President noted that 'Brazil has been struggling to erase the image of being a sex tourism destination'; and this is also supported by the view of Mr. Lopes, President of the hotel association of Rio de Janeiro, who noted that '"us" needs to be taken out. "It's bad for us'.

From the IP arena, the slogan has been challenged for being a copyright infringement. A few days after announcing the trademark, Benoit Sjöholm, a French artist, has claimed that the font used infringes his copyright. The font is called Fontastique and can be freely downloaded (here for instance) but only for personal use. For commercial use, however, his previous authorization is required – which Embratur has not done.

After the slogan's short appearance, it is already back to the office for an adjustment. Embratur has announced that it will adapt the trademark in order to no longer use Mr. Sjöholm’s font. Instead, it will look for a free font on the Web (hopefully, commercial purposes allowed). One keeps the hope that, by changing the font, Embratur will also change the pronoun 'us' to avoid the lost in translation issue.

Post was written by Eloísa Deola Borges, Brazilian attorney
Lecturer (external) at Humboldt University, Berlin
Eloisa also works on the development of publications in Open Access at QUCOSA.

POPULAR POSTS