Welcome to our blog for Intellectual Property Law and Practice in Latin America!
¡Bienvenidos a nuestro blog de Derecho y Práctica de la Propiedad Intelectual en Latinoamérica!
Bem-vindo ao nosso blog sobre Direito e Prática de Propriedade Intelectual na América Latina!

Wednesday, 11 November 2020

Patricia Covarrubia

You reap what you sow: Brazil participation in the Patent Prosecution Highway

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The Patent Prosecution Highway (PPH) program is a fast-track examination of a patent application; an applicant request this accelerated process in the national phase which originated on a foreign office and national patent examiners can use the opinion and preliminary examination from the foreign office. The program aims to promote sharing the work among patent offices but the decision of granting patents still remains under the national office. The program run among offices where they agree to share this practice (for more information see WIPO). Brazil does not form part of the Global PPH as its counterparts Chile, Colombia, and Peru; but since 2016, the office has had several bilateral PCT-PPH agreements: European Patent Office (EPO), PROSUR (pilot), Danish Patent and Trademark Office; United Kingdom Intellectual Property Office, Intellectual Property Office of Singapore, United States Patent and Trademark Office and Japan Patent Office.


Speedy 'Patent' Gonzales 
Four years on and the office is noticing an increase in a patent application using the fast-track. This November the Brazilian Instituto Nacional da Propriedade Industrial INPI published the figures noting that ‘from 268 applications in 2019 to 340 by October 2020. Giving an explanation on this fact it recalled that the PPH just started to accept patent processes in any technological field. Back in 2016, the PPH was applicable to the ‘oil, gas, and petrochemical industry’ only. Moreover, just 200 applications were to be accepted while nowadays the number has increased to 400 applications.


INPI also praised that the average time for assessing priority processing requirements has decreased from an average time of 220 days (2018) to 104 days (2020). This is due to ‘simplifying the process flow and using new information technology tools ‘.


According to the Global Innovation Index published by WIPO, in 2020, Brazil ranked 62nd among 131 economies (innovation inputs 59; innovation outputs 64); ranking 4th among Latin America and the Caribbean economies.





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Monday, 9 November 2020

Patricia Covarrubia

The future of Geographical Indications – we need you

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The website of the International Conference ‘Worldwide Perspectives on Geographical Indications’ has arrived. As far as the plan is (we cannot predict what Covid-19 restrictions will be in place), this would be held in beautiful Rome, Italy on 6-9 July 2021 at the FAO headquarters.


Geographical Indications are ‘signs’ used on products such as spirits (‘tequila’ in Mexico), wines (Vale dos Vinhedos’ in Brazil), food (‘Quinoa Real’ in Bolivia), handicraft (‘Montecristi’ in Ecuador) that have a specific geographical origin (the reason for its name/label).


Why do we need you?

The conference is an interdisciplinary affair and aims to listen to everyone in the area of agriculture and trade linked to GIs– we mean, EVERYONE. From public authorities to producers, policymakers to practitioners and stakeholders to academics, you name it, and we will have a space for you.


There is a call for contributions divided into FOUR categories: 1) Defining GIs, you can expect here the obvious origin deliberation but…yes, I like this part ‘GIs and innovation’ covering technology, and methods. I am quite interested in this as we understand that while one of the keys of a GI is linked to the know-how that has been used for decades or even centuries, we cannot expect for them to be kept like that due to climate change, deterioration of resources, etc., there needs to be some flexibility for innovation without deteriorating the GI as such; 2) Managing GIs – covering governance, control, certification mechanisms, enforcement and including marketing; 3) GIs and sustainability covering the heated debate ‘climate change’, this category seeks to evaluate GIs impact (be it economic, social, environmental; cultural, etc.); finally 4) GI and consumers, we all know that GIs without consumers is like having ‘fish’ without ‘chips’ (for my British readers), so this category aims to look at the impact that GI may have on diets and looking at different labels that are used to link a product to a locality.


We are looking for participants around the world and I am indeed looking for participants from developing countries (check fees and financial support). To submit your contribution and abstract of no more than 500 words is needed -- deadline is before 18 December 2020. The beauty is that contributions can be in Spanish (cough cough my Latin American friends), English or French (simultaneous translation will be available on the date).


For the full invitation check here. For the submission of contribution check here. When accessing the page, just tap (left-hand side corner) for the desired language.

 

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