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Bem-vindo ao nosso blog sobre Direito e Prática de Propriedade Intelectual na América Latina!
Showing posts with label bilateral agreement. Show all posts
Showing posts with label bilateral agreement. Show all posts

Thursday, 4 October 2018

Patricia Covarrubia

Latin America keeps speeding...

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Continuing with yesterdays report and PPHs in Latin America, here comes another one…INAPI (IPO in Chile) and the USPTO (the United States Patent and Trademark Office) had signed a memorandum of understanding for the implementation of the accelerated patent procedure called Patent Prosecution Highway (PPH). The pilot will come into effect from November 01, 2018.

Speeding the process...
As noticed in yesterday news, the program allows national patent applications, which have a favourable resolution issued by the national IPO, to expedite the processing of their corresponding applications, filed with the USPTO – and vice versa.

In Latin America, several bilateral agreements have been signed between national patent offices to promote this project and thus, enabling applications to request, if they wish, the accelerated process PPH. The process is faster because the national offices will share the ‘search’ and ‘examination’ results. Yet, the final decision, that is, the granting will be left to the corresponding IPO.

Source INAPI.
More info on PPH here.
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Wednesday, 9 August 2017

Patricia Covarrubia

Uruguay and Chile: new agreement in the region

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Economic and trade relations between Chile and Uruguay are currently governed by the Economic Complementation Agreement between Chile and the Southern Common Market (MERCOSUR) which comprises also Argentina, Brazil, and Paraguay. In order to deepen and stimulate trade relations, both countries agreed to start negotiations in early 2016 to set up a Free Trade Agreement.

This project has now reached the Chilean Chamber of Deputies for its First Constitutional Process.
This Agreement in general will coexist with the international agreements in which both countries are parties. Therefore in regards to Intellectual Property they reaffirm the commitment of both parties to the Berne Convention, Paris Convention, the TRIPS agreement and to its amendment protocol contained in the Doha Declaration (re. access to generic medicines).

If you are looking at the agreement, see chapter 10 (at page 183) which is the one that covers IP.
Article 10.5 covers ‘principles’ which refers to a balanced treatment between the rights of innovators on their creations and the social component of the use of knowledge for the benefit of citizens – provided they are compatible with the IPRs provisions. In this we observed that Article 10.5bis refers to the commitment to public health acknowledging the Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health WT/L/540; and furthermore, the commitment to support the agreement presented by WT/L/641: inserting Article 31bis after Article 31 and by inserting the Annex to the TRIPS Agreement after Article 73.

Article 10.11 covers ‘denominations of origin and geographical indications’. In this, it asserts that each party must ensure in its legal system the protection of DOs and GIs and this to be in line with the TRIPS. The agreement further contains an Annex, if you look at Annex 10.11 it only covers Pisco and it contains this disclaimer “The foregoing shall be understood without prejudice to the recognition that Uruguay may grant to a country which is not a party in relation to homonymous geographical indications and denominations of origin.” According to MENSAJE Nº 348-364/ Pisco then has automatically secured access to the Uruguayan market without any geographical identifier.

Annex 10.7 has a list of DOs and GIs from both parties. From Uruguay is is mainly wines while Chile shows others such as ‘Limón de Pica’, ‘Sandía de Paine’, ‘Aceituna de Azapa’, ‘Dulces de la Ligua’, ‘Oregano de Putre’, and ‘Cordero Chilote’ to name a few.
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Monday, 14 September 2015

Patricia Covarrubia

Symposium: Geographical Indications in the EU -- Policy aspects and future regulation

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Image result for geographical indicationStarting a new week and I am still not able to detach from a symposium that I attended last week. The reason could be that the high standard of the speakers and the friendly debate have woken up my Latin passion. While I am not an expert on GI, I followed every single speaker with such an understanding and desire that I may have found my topic for years to come [watch up Nick!]

Image result for geographical indicationYet, you may wonder why I am covering GI in the EU since this blog is dedicated to Latin America. Well, for a start I was invited to speak in the symposium (I am not sure why if as I said I am not an expert on GI) but it was not until the end of the debate that I realised a key point (I will come to this later on). The majority of speakers while assessing the situation in the EU some extended as to cover international law, bilateral trade agreements, and the basic understanding of what is protected and why, and thus, relevant to any other jurisdiction. Generally, speakers when covering GIs provided opinions on: territorial development and the creation of public goods (Dev Gangjee – University of Oxford)); the principle of coexistence between trade marks and GIs (Gail Evans – Queen Mary University of London); insight field work and stories from farmers and the registration process (Funda Lancaster DEFRA); consumer confusion (Vito Rubino - Universita del Piemonte Orientale); the controversies between EU legislation and national protection (Nicola Coppola aka Nick – University of Bournemouth); the protection of non-agricultural products (Natasha Chick – UK IPO); and the Lisbon system and the Geneva Act (Matteo Gragnani - WIPO). While the speakers focused on these issues there were also some comments or remarks noting sustainable development, know-how, and biodiversity. Actually there were two questions from the audience that were identifying cultural heritage (one coming from a heritage consultant). By writing this remarks you can just grasp the different approaches that one system (GI) may have.

Image result for geographical indication aguadeno hatI was the last speaker and been not an expert on the area I was getting nervous by the minute. My topic was the protection of non-agricultural products in Latin America and perhaps what I brought to the table was something that maybe was not fully addressed by the previous speakers i.e. to preserve and safeguard culture. The point been that while it is important to ‘protect’ meaning preventing unauthorised or inappropriate use (IP negative right), it is also important to connect this protection to conservation of biological diversity and the rights of indigenous peoples. As I undertook to cover Latin America I gave examples from Brazil, Panama, the Andeans countries and Chile. I also indicated that GIs are not for everyone and gave the example of ‘chulucanas’ in Peru (see Rosemary Coombe). Other jurisdictions use IPs as a way to improve their quality of life (trade mark: Coopa Roca (Brazil)); or helping to reconstruct a region (Collective marks: Afloralta (Brazil)); adding value -tourism (Sello de Marca (Chile)); while for example Panama is using a specific sui generis right that helps protecting non-agricultural products GIs. Another issue that I needed to put across was that in some of the Latin American GI’s systems, the product/service become part of the goods of a nation i.e. become state property. This is an important issue since there exists amongst farmers, artisans and indigenous peoples mistrust -- resulting in having less GIs and more collective marks or nothing at all. Many of you may believe that actually when covering cultural heritage the IP regime is actually not appropriate at all, I may be of the same thought, however it is important to realise that for some products, it has helped. It has helped communities into social unity and it has helped us as citizens/consumers to create a sense of pride.

Indeed the conference raised a number of fascinating questions and I thank Nick for putting this symposium all together and for the generous sponsors that made it a reality (Grana Padano and CIIPM).

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Monday, 23 November 2009

Patricia Covarrubia

Bilateral agreement between the EU and both Peru and Colombia near to a closure

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Last week, the Colombia’s capital has seen the EU and Peru and Colombia negotiating an Association Agreement. This Agreement concerns three issues: Free trade Agreement, cooperation and a form of political dialogue. However, according to Aguiar Machado (the EU negotiator in charge) the last two were put on hold because EU does not want to isolate the rest of the Andean block (the Andean Community is composed by Bolivia, Colombia, Ecuador and Peru; Venezuela withdrew in 2006).

The agreement has already closed half of the table of negotiations but yet, need to agree in other issues such as: reduction of import and export tariff in the banana industry and cars; an annual increase in the quota for sugar from the Andes to the EU; fishing and services; among others.

Regarding to Intellectual Property, Mr Santiago Pardo (Colombia’s main negotiator) affirmed that the negotiation regarding this area is ‘going well’ and that an agreement has been reached regarding patents. However, there are issues that are still of debate. For instance, on one hand Peru and Colombia are seeking for an agreement that ensures good use of its rich biodiversity. On the other hand, Europe is debating to protect their appellation of origin.

The EU and the Andean Community have been working towards a bilateral Agreement since 1993. By the fourth round (July 2008)the negotiations failed due to Bolivia and Ecuador causing tension. The Agreement block to block (Andean Community and EU) failed but two of the members continues with talks. The separated bilateral Agreement as it looks, seems that it is close to conclusion.

I would like to be optimistic. The reason being that the block to block agreement negotiation lasted more than ten years and it did not succeed. Last September, Peru and Colombia asked Brussels to continue bilateral negotiations and two month later they have managed to negotiate half of the 14 tables of negotiations. It seems pretty good to me.

For more information regarding the failed Andean Community and the EU Agreement (CAN - EU) click here.
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