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¡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 Spain. Show all posts
Showing posts with label Spain. Show all posts

Sunday, 28 February 2021

IPTango

MAPI: Tercera Edición del Premio Propiedad Intelectual


La convocatoria de la tercera edición del Premio Propiedad Intelectual ha sido publicada por el Máster de Propiedad Intelectual, Industrial y Nuevas Tecnologías (MAPI) de la Universidad Autónoma de Madrid.

Algunos de los requisitos que los trabajos deberán cumplir son los siguientes:

  • Los trabajos deberán ser inéditos y estar escritos en español.
  • Deberán contar con una extensión mínima de 40 páginas y máxima de 70 páginas.
  • Los trabajos deberán enviarse al correo electrónico master.propiedadintelectual@uam.es en formato Word y PDF.

El premio es de €3,500 y el trabajo del ganador será publicado en la Revista de Propiedad Intelectual.

La fecha límite para el envío de trabajos es el 30 de septiembre de 2021.

Las bases de la convocatoria pueden consultarse aquí.

Imagen de StartupStockPhotos en Pixabay.
 
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Sunday, 16 August 2020

Verónica Rodríguez Arguijo

MAPI: Segunda Edición del Premio Propiedad Intelectual


Como fue anunciado aquí, el Máster de Propiedad Intelectual, Industrial y Nuevas Tecnologías (MAPI) de la Universidad Autónoma de Madrid publicó la convocatoria de la segunda edición del Premio Propiedad Intelectual.

Los trabajos que se presenten deberán abordan temas de derechos de autor y derechos conexos. Deberán estar escritos en español, con una extensión máxima de 70 páginas.

El premio es de €3,500 y el trabajo del ganador será publicado en la Revista de Propiedad Intelectual.

Los trabajos deberán enviarse al correo master.propiedadintelectua@uam.es antes del 15 de diciembre de 2020.

Más información aquí.

Imagen de Free-Photos en Pixabay.
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Saturday, 22 September 2018

Patricia Covarrubia

Peru: A red card for Roja Directa

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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.
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Friday, 2 March 2018

Patricia Covarrubia

Mexico: it’s all about the cheese!

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Since May 2016 the EU and Mexico are trying to modernize the trade agreement between them. By January 2018, there has been eight round of talks/negotiations.

On of the key issues that we see in the negotiation is Geographical Indications (GI). There is no possibility of registering foreign GI in Mexico although Appellations of Origins (AO) are feasible. Therefore, if a foreign company would like to protect their GI it can do so by the multilateral international registration i.e. Lisbon Agreement (Mexico is a member). The other route was by the bilateral agreement but this is limited to spirits and yet again only for AO. A foreign company could also register its GI as a ‘collective trade mark’.

The GI table of negotiation
There are in excess of 330 EU products in the list of negotiation, and this includes the sensitive product cheese. This is so because Mexico’s dairy industry produces many cheeses which names, or better say, GI names, originate from EU terroir.

On one hand, the EU claims their exclusive right to use such names, while on the other, Mexico claims that they have the right to keep producing such products. This is based on the fact that the names have become either generic or even acknowledging a different cheese that has become very much a national product and yet using a GI name. An example in mind would be the ‘Queso Manchego’, a cheese product coming from La Mancha region, Spain. According to its Dossier No ES/PDO/0117/0087 and the EU Commission implementing Regulation No 129/2012 of 13 February 2012, ‘Queso Manchego’ is “[p]ressed cheese made from milk of ewes of the ‘Manchega’ breed, aged for a minimum of 30 days for cheeses weighing up to 1, 5 kg and from 60 days up to a maximum of 2 years for larger cheeses.” The Mexican version is made from cow’s milk and so, the Mexican counterparts claim that the Manchego cheese “is ingrained in local culture and does not even resemble the Spanish original.” Moreover, the head of the National Chamber of Dairy Industries claims that “people identify it as a very national product that isn’t even related to the European version”; “people don’t expect a Spanish Manchego when they go to the supermarket and ask for a Manchego.”

Say 'Cheese'.
Next meeting would be in Brussels. The EU sees the latest talks as ‘very good’. Table of negotiations already closed are: competition, SMEs, transparency, sanitary issues, good regulatory practices, and trade and sustainable development. Pending are: market access and rules, including geographical indications and investment protection. The EU is Mexico’s third trading partner. Since 2000, the EU and Mexico trade in goods has increased by 180% which amounted to €53 billion in 2015. (source: here)

The proposed chapter on IP by the EU is available here.
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Wednesday, 26 October 2016

Patricia Covarrubia

Red card for Mexican composer: passion for football

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From Mexico and Spain we read a debate about a potential case of copyright infringement.
The Mexican football club ‘Club America’ has released this month a new hymn celebrating its centennial. The song was launched during the half time of the game against Tijuana on Saturday October 15th.

The hymn created much controversy in social media since it is claimed that the hymn is similar to another football club, that is the ‘Sevilla’ from Spain (the hymn can be heard here).
Image result for club america himno centenario
laixb.com
The authorship of the alleged infringed song belongs to the Mexican group Matute, headed by Jorge D'Alessio. After the social media war, he claimed that "there is no copying or plagiarism" in the hymn while the football club separated from any responsibility. The band also noted that there was no ‘intention’. In this regards it is important to note that intention is not needed for an action of infringement since it is strict liability.

Finally, the Mexican football club released a communication stating that "although the musical work is an original work, it has caused some discomfort, therefore this song will never be used by the Club". Why this reaction? the work was commissioned and depending on the contract, they may be the owner of the song and even if the club wants to separate itself from this controversy and keep using it, they are liable (Art 231 of the Mexican Federal Law on Copyright) .

Jorge D'Alessio also published a statement: “Club America asked me to conduct, through the figure of commissioned work, the anthem of the 'centenary', not the official anthem, which I lovingly did as I am fond of the America. You should know that there is no mutilation, copy, distortion, or so-called plagiarism, nor in the letter or the music composed.” It continues “experts in the field are already making the necessary expertise in order to compare the two compositions.”

Good to know:

  • The Mexican Federal Law on Copyright for the purpose of ensuring legal security of authors and owners of copyright, advice authors to register the work in the Public Copyright Register (art 162). However the same provision of law clarifies that even if literary and artistic works and neighbouring rights are not registered, the law still protect them. This goes in line with the Berne Convention which grants this right without the need of any formality.
  • Practice of infringement can be for direct or indirect profit-making purposes (art 231).
  • The use of language in D’Alessio’s statement i.e. ‘distorted, or mutilated’ are type of infringements covered in art 231(iv).
  • The author of a work is the perpetual owner of the moral rights in works created by him (art 18).

Sources and more info here, here and here.
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Thursday, 29 October 2015

Patricia Covarrubia

Peru: speeding up and cooperating

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From October 5 to October 14, 2015 took place the Assemblies of the Member States of WIPO: Fifty-Fifth Series of Meetings (Geneva, Switzerland).

At the meeting the Peruvian National Institute for the Defence of Competition and Protection of Intellectual Property (Indecopi) signed three international cooperation agreements on intellectual property with European institutions in order to promote and increase the use of industrial property system and the protection of it.

The Agreements
Image result for sign1. - Memorandum of Understanding with the Spanish Patent and Trademark Office (SPTO) to establish an accelerated patent procedure i.e. Patent Prosecution Highway (PPH).
Indecopi reports that this agreement is important since it will “increase efficiency in the process of patent applications, thus advancing towards a further reduction in processing time for them.” Currently the procedure is done in 36 months. Moreover, there exist the “possibility that the Peruvian inventors obtain a faster and exclusivity protection of their inventions in Spain” and giving an opportunity to enter their products to the rest of the European market.

2.- An institutional Cooperation Agreement signed with the National Institute of Industrial Property of France (INPI), in order to create mechanisms of collaboration and support for Peru on intellectual property.

3.- Memorandum of Understanding with the Office for Harmonization in the Internal Market (OHIM) of the European Union was signed, to join efforts and achieve greater efficiency in the protection of rights under trade marks and design rights.


Source Indecopi.
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