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!
Showing posts with label SENADI. Show all posts
Showing posts with label SENADI. Show all posts

Tuesday, 13 December 2022

Patricia Covarrubia

[GUEST POST] The Wiki Law Project: The use of open-source technologies in the dissemination of Intellectual Property and their benefits for teaching

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The IPTango is pleased to host the following post by Hernán Núñez Rocha, lecturer at the University of Alcalá and a qualified lawyer in Spain and Ecuador.

Hernan writes:


The use of open-source technologies in the dissemination of Intellectual Property and their benefits for teaching

by Hernán Núñez Rocha


The Wiki Law Project took place from 2013 to 2019 in Ecuador, where several governmental actors were discussing about the necessity to move from an economy based on the exploitation of natural resources to a model based on knowledge CITA.  The involved parts concluded that it was necessary to promulgate new regulations on Higher Education, Science, Technology, Innovation, Intellectual Property, and Traditional Knowledge.  Considering the instrumental use of Intellectual Property, the IPRs were defined as one of the main tools needed for the transition to the knowledge economy. But there was a problem, most citizens were not familiar with IPR.  In fact, even most stakeholders neither understood the importance of IPRs, nor the use of new works and technologies.  Also, there was an additional problem, stakeholders, who were aware of the importance of IPRs, were divided into two groups that had opposed views. One group saw the IPRs as a profitable tool for their creations, and the other group, saw it as an obstacle for innovation.


Consequently, the idea of the Wiki Law Project about IP came up.  The site was developed jointly by the staff of the Instituto de Altos Estudios Nacionales (IAEN), NGOs, professional associations, chambers, and public institutions.  Moreover, the Ecuadorian Patent and Trademark Office (now SENADI) and the Ministry of Higher Education (SENESCYT) got involved and support the project.


The wiki was hosted in the domain of the Ministry of Higher Education, as http://coesc.educacionsuperior.gob.ec/. The site explained didactically all the IPRs and its main features, its daily uses, and its economic, scientific, and legal significance.  Also, the project included a juridical analysis of the IP Law in forced at that time, as well as a proposal of a draft Law.  The wiki had a basic design, based on the Wikipedia interface, and allowed to create an account, review the contents, edit certain texts and create discussion forums.


The wiki was online from 2013 to 2020. However, the period of greatest activity was from its launch in March of 2013 to October of 2016, when the new IP regime was approved within the Organic Code for the Social Knowledge and Innovation Economy, known as the “CÓDIGO INGENIOS”.  According to the wiki managers, there were more than 1.8 million visits and more than 38 thousand editions, in that period.  Additionally, the wiki generated a domino effect, and suddenly the IPR were in the public opinion.  A survey conducted by the IP Office reflected a growth in the news about intellectual property of more than 600% in the period of June 2014 to June 2016.


After the approval of the CÓDIGO INGENIOS, the wiki continued online, but the users’ interactions were gradually decreasing until 2020 when the wiki was finally switched off.  Despite this, the impact generated by the wiki in their first years was gradually moved to other places in the remaining years. The Academia was one of the main receivers of the benefits of this project.  If we analyse the statistics since the wiki was launched, it is possible to identify a significant and constant growth in the following aspects:

          There was an increase in the number of Technology and Innovation Support Centres located at the universities. Before the project, there was not any Centre according to the WIPO criteria. Today there are 11 universities that have their own Technology Transfer Office.

          Regarding the use of the IPR into the Universities, there is a growth in the average that goes from 1.3 patent applications until 2012 to 27.5 in the period 2012-2019.

          Regarding IP teaching, IP Master's programs increased from 1 to 5 nationwide.

          The number of IP courses in the curriculum of the universities also increased. Before the Wiki Law Project, only 7 universities offered the course of intellectual property as an elective subject, now there are 25 that have the course as a compulsory subject.  Before, it was only taught in the Law School, now there are IP courses in 8 different careers.

          Regarding final degree projects, a study conducted in 5 Ecuadorian universities shows an increase of more than 300% since 2013.


As we can see, the Wiki Law Project was not only a success by itself, but also generated several positive externalities. Nowadays, the information technologies allow us to do great things without a big budget. In the case of the Wiki Law Project, a generic website template with basic functions was enough.  It was not even necessary to get a hosting since the page was hosted in the domain of the Ministry of Higher Education.


The Wiki Law project is an example of the interaction between academia and society, which also generated an academic demand focused on issues related to intellectual property. It was a project without “owners”.  After the idea was launched, many institutions got involved and once the wiki was online, a huge collaborative work was generated.  There are also several papers that describe the Wiki Law as a platform that allows to recuperate the public and common sense of knowledge, throughout collaborative work.


However, the Wiki Law Project is just one example of the use of open-source technologies in the dissemination of intellectual property. What is important here, is not the instrument but the process. This process results in the use of information technologies to spread the general aspects of the IPRs and its daily uses. With this, is possible to create a communication channel in two directions. On one hand, universities can provide information to society; and on the other hand, universities could collect data about social and commercial needs.  Therefore, with the understanding of these facts, universities could adapt their activities and curriculum in line with the expectations of the society.


PS This blog post is based on the presentation made by the author at the 13th Anniversary EIPTN Conference 2021.

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Tuesday, 9 June 2020

Verónica Rodríguez Arguijo

Upcoming events


WHAT'S GOING ON THIS WEEK?

The webinar Challenges for Copyright in the Digital Environment in the Andean Community (in Spanish), organized by the National Service of Intellectual Rights (SENADI - Ecuador) and the Latin American School of Intellectual Property (ELAPI) will be streamed from 9 to 11 June 2020 on YouTube. The speakers include Santiago Cevallos (SENADI - Ecuador), Ramiro Rodríguez (SENADI - Ecuador), Carolina Romero Romero (DNDA - Colombia), Francisco Bueno Ayala (SENAPI - Bolivia), Fausto Vienrich Enríquez (INDECOPI - Peru), Hugo Gómez Apac (Court of Justice of the Andean Community), and Paolo Lanteri (WIPO). The program is available here.

The Ibero-American Network of Cyber Law will stream the congress Locademia of Law and Technology from 9 to 12 June 2020 on YouTube. The program will cover intellectual property issues, streaming and online piracy, digital signatures, e-commerce, fintech and cybercrime, among other topics. Some speakers are Joel Gómez Treviño, Salvador Camacho, Lucía Cantera, Daiana Pereira, and David Oliva.

The Latin Alternative Music Conference will be held online from 9 to 13 June 2020. Panels, workshops, and showcases are all part of the program. Some speakers are Rocio Guerrero (Amazon Music), Jorge Mejia (Sony Music), Jordi Puig (Ocesa), Elsa Yep (Universal Music), Emily Simonitsch (Live Nation), Pablo Rodríguez (BMG), Monica Herrera Damashek (Spotify), Michelle Garcia (Deezer), Ady Harley (Facebook/Instagram), and Noel Nuez (TikTok). The program is available here.

Meanwhile, the webinar Intellectual Property in the time of COVID-19 (in Portuguese) will also take place on 9 June 2020. The event is organized by the law firm ClarkeModet. The speakers are Claudio Castanheira, Gilberto Medeiros Ribeiro, and Douglas Oliveira.

On 10 June 2020, the following webinars are scheduled:

On 11 June 2020, the Latin America IPR Helpdesk will hold the webinar Intellectual Property in Argentina: Tips for Protecting and Managing your IPRs in Unprecedented Times (in English). The speakers are Mariano Riccheri and Elis Salis.

On the same day, it will take place the webinar Making your Business Digital: How Intellectual Property can Help you, which is organized by WIPO and ABPI. The event will be held in English with simultaneous translation to Portuguese. The speakers are Luiz Edgard Montaury Pimenta (ABPI), José Graça Aranha (WIPO), Laurent Manderieux (TIPSA), and Eldar Haber (Faculty of Law of the University of Haifa). Filipe Fonteles will moderate the session.

On 12 June 2020, the International Trademark Association (INTA) and the Inter-American Association of Intellectual Property (ASIPI) will hold the webinar ASIPI / INTA Study on the Economic Impact of Trademarks in Latin America - Possible Consequences of the Pandemic. The speakers are Marcela Cristini and Guillermo Bermudez. The hosts are Elisabeth Siemsen and Etienne Sanz de Acedo. The webinar will be moderated by Matías Noetinger and José Luis Londoño. Register here.


FIDE: LEGAL MANAGEMENT SUMMER PROGRAM

FIDE announced the Legal Management Summer Program will be held online from 23 June to 9 July 2020. The program is addressed to partners, managing partners and attorneys at law firms in Spain and Latin American countries, as well as directors and in-house legal counsels.

The LMSP aims to create a hub of professionals from Spain, LATAM and North America. The program will cover legal project management, process improvement, big data, disruptive technologies, business development in LATAM, robots and employment law, among other topics.

The sessions will be instructed in Spanish. Apply before 20 June 2020. More information can be reviewed here and here.


PAST EVENTS

Did you miss some events held the last week? The following are still available on-demand:

If you have a craving for more, review the full list of events here!


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Tuesday, 17 September 2019

Patricia Covarrubia

Illegal Streams: shutting down in Ecuador

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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.
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