IPTango: book notice

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Wednesday, 16 August 2023

[Nuevo Libro] Ley Federal de Protección a la Propiedad Industrial comentada por AMPPI

IPTango August 16, 2023 No comments:

Recientemente fue publicada la obra colectiva "Ley Federal de Protección a la Propiedad Industrial comentada por AMPPI", coordinada por Miguel Ángel Ortiz Bahena e Itzel Estrada González.

El libro, editado por Tirant lo Blanch, es resultado de la iniciativa llevada a cabo por la Comisión Editorial de la Asociación Mexicana para la Protección de la Propiedad Intelectual (AMPPI) – grupo mexicano de AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle).

Como el título sugiere, la obra comprende el análisis de la Ley Federal de Protección a la Propiedad Industrial (LFPPI), misma que entró en vigor el 5 de noviembre de 2020 en México.

A lo largo de la obra, 77 autores (practicantes, académicos y jueces) dilucidan los siete títulos que conforman la LFPPI, así como sus 18 artículos transitorios.

En este sentido, nos complace compartir con nuestros lectores que Verónica Rodríguez Arguijo, miembro del equipo de IPTango, contribuyó a la obra con un capítulo sobre artículos transitorios, la aplicación retroactiva de disposiciones, delitos, responsabilidad penal de las personas morales y el esperado Reglamento de la nueva Ley en México.

A la luz de la publicación de la obra colectiva, el 24 de agosto de 2023 se llevará a cabo una presentación, en el auditorio Antonio Martínez Báez del posgrado de la Facultad de Derecho de la Universidad Nacional Autónoma de México (UNAM).

Dicha presentación contará con la participación de Alejandro Luna (presidente de AMPPI), Miguel Ángel Ortiz Bahena (coordinador principal de la obra), Carmen Arteaga (directora del seminario de patentes, marcas y derechos de autor de la Facultad de Derecho de la UNAM), Daniela Lucio (miembro de la Comisión Editorial de AMPPI), Itzel Estrada González (coordinadora de la obra y presidenta de la Comisión Editorial de AMPPI) y Sergio Olivares Nieto (presidente del comité de juventud).

Los detalles de la obra colectiva pueden consultarse aquí.

Crédito: imagen disponible en la cuenta de AMPPI en Twitter.

[Nuevo Libro] La propiedad industrial y el derecho de autor en Iberoamérica: tendencias para la tercera década del Siglo XXI

IPTango December 19, 2021 No comments:

Recientemente fue publicada la obra colectiva "La propiedad industrial y el derecho de autor en Iberoamérica: tendencias para la tercera década del Siglo XXI", Hugo R. Gómez Apac (et al., directores).

El libro fue editado por la Universidad Internacional del Ecuador, la Universidad Hemisferios y la Asociación Ecuatoriana de Propiedad Intelectual (AEPI).

Los autores son de Argentina, Brasil, Colombia, Ecuador, España, México, Paraguay, Perú, Venezuela, entre otros países.

La obra comprende tres ejes temáticos. En la primera parte se abordan temas relacionados al derecho de autor y derechos conexos. Dicha sección contiene artículos sobre la justificación y evolución del derecho de autor, la protección de las culturas populares y expresiones culturales, el impacto de internet sobre el derecho de autor, los mecanismos alternativos de solución de controversias, entre otros.

En la segunda parte, se comprenden temas en materia de propiedad industrial. En esta sección se incluyen artículos sobre patentes, modelos de utilidad, marcas e inteligencia artificial, marcas notorias, infracciones, entre otros.

En la tercera parte se abordan temas de propiedad intelectual en sentido amplio. Esta sección contiene artículos sobre el régimen común de propiedad intelectual de la Comunidad Andina, inteligencia artificial y propiedad intelectual, entre otros.

A la luz de la publicación de la obra colectiva, el 13 y 14 de diciembre de 2021 se llevó a cabo un seminario virtual, cuyos videos están disponibles aquí.

La obra colectiva puede consultarse aquí.

Crédito: imagen disponible en la cuenta de Hugo R. Gómez Apac en Twitter.

[Book Notice] The TRIPS Agreement, Drafting History and Analysis

IPTango May 19, 2021 No comments:

The fifth edition of The TRIPS Agreement, Drafting History and Analysis, written by Professor Daniel Gervais (Vanderbilt University), was recently published.

The book contains “not only a historical view of the drafting history of the TRIPS Agreement but also practical commentary concerning its real-world application today. Some of the changes you will find with this edition include:

Updated and restructured comments on each article of the agreement.
A review of the latest reports by the Appellate Body and dispute-settlement panels.
Updated data on notification under the agreement.
A new section entitled The Life of TRIPS which covers work undertaken at the WTO on the agreement and ongoing discussions, organised by topic, including those on biotechnology, access to medicine, geographical indications and transfers of technology.
New perspectives on the future of TRIPS and its interpretation.
A clearer and easier to navigate format.”

The new edition “comes at a crucial period. It has been substantially updated, restructured and published in the aftermath of the landmark Australia tobacco plain packaging dispute and its subsequent appeals – the single most important case concerning the TRIPS Agreement in recent time”.

The author highlighted that the new edition “is a major rewrite”. It has a new “structure and all article comments updated” as well as a “new foreword by Antony Taubman” (WTO).

The book was published by Sweet & Maxwell. You can order here the print version, here the eBook/ProView version, and here both formats.

More information about ProView can be reviewed here.

Credit: the image is courtesy of Sweet & Maxwell.

[Book Notice] The Protection of Intellectual Property Rights under International Investment Law

IPTango May 09, 2021 No comments:

The Protection of Intellectual Property Rights under International Investment Law is the new book written by Simon Klopschinski (Rospatt Osten Pross), Christopher Gibson (Suffolk University Law School), and Henning Grosse Ruse-Khan (University of Cambridge, King’s College).

The monograph analyses “the standards of treatment and protection enshrined in IIAs [international investment agreements] for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation”.

The book was published by Oxford University Press and can be ordered here.

The book launch will be held online on 27 May 2021. The introduction will be provided by Joseph Straus (Max Planck Institute for Innovation and Competition), followed by presentations by the authors. The commentators are Rochelle Dreyfuss (NYU School of Law), Peter Yu (Texas A&M University School of Law) and Christophe Bondy (Steptoe & Johnson).

Review here more information about the book launch.

Read here the book review posted by our cousin blog, The IPKat.

Credit: the image is courtesy of Simon Klopschinski.

The Political Economy of Pharmaceutical Patents in Latin America

Patricia Covarrubia September 26, 2017 No comments:

A new book is hitting the shelves. Prof Kenneth C. Shadlen, London School of Economics and Political Science (LSE), UK writes to inform us of his new book Coalitions and Compliance: The Political Economy of Pharmaceutical Patents in Latin America. Prof Kenneth teaches Development Studies in the Department of International Development at LSE.

Oxford University Press describes the book as

Coalitions and Compliance examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico.

Coalitions and Compliance focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. In contrast to explanations of national policy choice based on external pressures, domestic institutions, or Presidents' ideological orientations, this book attributes cross-national and longitudinal variation to the ways that changing social structures constrain or enable political leaders' strategies to construct and sustain supportive coalitions. The analysis begins with assessment of the relative resources and capabilities of the transnational and national pharmaceutical sectors, and these rival actors' efforts to attract allies. Emphasis is placed on two ways that social structures are transformed so as to affect coalition-building possibilities: how exporters fearing the loss of preferential market access may be converted into allies of transnational drug firms, and differential patterns of adjustment among state and societal actors that are inspired by the introduction of new policies. It is within the changing structural conditions produced by these two processes that political leaders build coalitions in support of different forms of compliance

A book about... tango is finished!
Lost in translation...

Prof Ken describes his book as

"a new book on the political economy of pharma patents, examining the debates about introducing new pharma patent systems, when this became compulsory post-TRIPS, and then, once in place, debates over revising how these systems function. The empirics are from three LatAm countries (Argentina, Brazil, Mexico)."

How I describe the book:

"haven’t read it yet…but looks promising."
"A must read."

In the near future will do a review.

To be continued…

More information here.

Graffiti work - more than creativiy

Patricia Covarrubia November 28, 2016 No comments:

Copyright Beyond Law - Regulating Creativity in the Graffiti Subculture is the title of a new IP book ready for your Christmas Stockings. The title should be interpreted as “it is what it says on the tin”.

Copyright law and the subculture of graffiti are so well interwoven in the book that you forget you are reading a book about law. I noticed this because essentially I do not to take work home and suddenly the book was in my night table and I was engaging on it as it were a novel.

I became more aware of this topic at the Society of Legal Scholars Conference (SLS) 2013 in Edinburgh where I was presenting a paper. Marta Iljadica was presenting also a paper, her topic was ‘Graffiti, copyright and culture: urban space/public domain.’ We then have the opportunity to chat and I found myself totally absorbed by the topic, or perhaps by Marta’s passion for her work. Either way, this is transferred into the book.

Selfie :) my early Christmas present.
Thanks Emma at Hart Publishing

By reading the introduction you understand that the book is not just about copyright and the law – extending theories to graffiti. It starts by using a quote “Graffiti breaks every rule but within itself still has rules” (Anon 29). This clearly tells you that you are going for a ride! I felt myself into different worlds: graffiti the vandalism; graffiti the work capable of copyright protection and even trade mark (see chapter 4); and graffiti and the framework among the graffiti writers (I learnt from the book this word – I used to call them ‘graffiti artists’ –chapter 1 covers the fine line between graffiti writers and street art). Marta manages to emerge you in the graffiti world because her work was based on empirical research and thus, she in a way directs you on how to understand graffiti in its own right rather than fixing it into any other type of copyright work.

The book not only see graffiti as a subject matter of protection under copyright but supervises the expectations that graffiti writers have in the society i.e. use of graffiti outside their cultural environment e.g. photographer, commercial exploitation (used as logo); and on the other hand, the subculture of sharing, creating, attributing, territory (claimed by a graffiti writer), to name a few. Chapters that I enjoyed the most were 7 and 8 ‘Graffiti rules – be original, don’t bite’ and ‘moral rights’. The latter I was not expecting since the book is based on UK – while common law recognises them, it does so up to a lesser extent than civil law jurisdictions.

Who should read this book?
Anyone! colleagues and even friends who are not actually linked to law.
Well done Marta!

Oops! Where can you get it?
Hard copies and e-books are available in this link. Blog readers can claim a 20% discount on the book - the discount code is CV7.

Stocking fillers for IP lovers

Patricia Covarrubia December 23, 2015 No comments:

From Hart Publishing, Oxford I received an announcement: ‘Patent Enforcement Worldwide’ edited by Christopher Heath, now in its 3rd edition.

This book features 15 country reports on the patent enforcement practice of the world’s most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures.

The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction

Image result for present for stocking books

Looking at the table of contents one can see that not only the most common European jurisdiction are covered in the book e.g. UK, Germany, France, and Italy but also it covers some of the BRICS such as Brazil, China, and India. In relation to the Latin American's jurisdictions Brazil and Argentina are the only two that are covered in the book at chapter 17 and 18 respectively.

The book can be purchased online (here) and it is available in electronic format as well as hardcopies.

Thanks Anni Mirza, marketing and editorial assistance for the information.

New title from Argentina

Jeremy September 12, 2014 2 comments:

From Felix Rozanski comes the following news:

"We are pleased to inform you that elDIAL.com, along with the ASDIN Intellectual Rights Association, has published in print and in digital format (e-book) a new volume Collection: 2014 Intellectual Property (217 pages).

Intellectual property continues to gain increasing importance in countries like those of Latin America, which have begun to realize the importance of promoting scientific and technological research, cultural industries and productive innovation. The Collection is the best way to publicize the work of the scientific and technological researchers and scholars of Latin American intellectual property law and notes both the opportunities to promote social and economic development of the region as the major challenges facing to meet this objective.

The topics covered:

* Breakthrough against pharmaceutical innovation (Ignacio Martín Sánchez Bensadon Echagiie)
* Climate Change: Challenge for PI (Diego A. Domma)
* Force of the treaty WTO / TRIPS in Latin America: Case of the Dominican Republic (Mary Fernandez, Miguelina and Meris Francisco Figueroa)
* Patent Injunctions (Carlos O. Mitelman)
* Scientific Data Protection (Daniel R. Zuccherino)
* Economic Analysis of Patent Institute (Carlos Lanardonne)
* Results of the Survey on Intellectual Property, SAFE, Soc. Experimental Pharmacology (Florence Gallardo, Paula Schaiquevich, Damasia Becú and Eduardo Gallardo)".

A book, let it guide you.

Patricia Covarrubia September 26, 2013 No comments:

NEW 6TH EDITION
Guidebook to Intellectual Property

By Sir Robin Jacob, Daniel Alexander QC and Matthew Fisher

This is a unique book about Intellectual Property. It is aimed not only at law students studying the subject but also at interested users of IP - business people, inventors, scientists, designers and the like. It provides an outline of the basic legal principles which underpin and reguilate the subject, educatuing the reader as to the shape of the law. However, critically, it also gives insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with Intellectual Property.

To achieve its object the authors deliberately avoid technicalities; keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to they are explained in a pithy, accessible manner. The authors try wherever possible to be both serious and light-hearted at the same time.

All major areas of IP - patents, trade marks, copyright and designs -are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases.

A novice reader of this book should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.

The Authors
Sir Robin Jacob is currently the Hugh Laddie Professor of Intellectual Property Law at University College London, having left the Court of Appeal of England and Wales in May 2011. Sir Robin started practice at the Intellectual Property Bar in 1967. From 1976 to 1981 he was the Junior Counsel for the Comptroller of Patents and for all Government departments in intellectual property. He was made a Queen's Counsel in 1981 and was appointed a High Court Judge (Chancery Division) in 1993. He was appointed a Lord Justice of Appeal in October 2003 and continues to sit from time to time in the Court of Appeal and sometimes acts as an arbitrator or mediator.
Daniel Alexander QC is a barrister at 8 New Square Chambers and a Visiting Professor at University College London. His practice covers litigation in intellectual property cases, including IT and media/entertainment cases, competition, EC, commercial and administrative law.
Matthew Fisher is a Senior Lecturer at University College London, where he teaches and researches in intellectual property law. He has a special interest in patents, but stresses that this should not be held against him. He is the author of Fundamentals of Patent Law: Interpretation and Scope of Protection (Hart, 2007), which won the innagural Inner Temple Young Author's Book Prize.

Published September 2013
270pp Pbk 9781849463256
RSP: £19.95 / €26 / US$40 / CDN$40

Order Online
UK, EU, ROW: If you would like to place an order you can do so through the Hart Publishing website here.

US: If you would like to place an order you can do so through the Hart Publishing website here.

Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW
Telephone Number: 01865 517 530
Fax Number: 01865 510 710
Website: http://www.hartpub.co.uk

Emma Swinden, Marketing Coordinator at Hart Publishing, informs me that the e-book version will be available in a couple of weeks ( more info here).

The book is sitting in my desk - another item for the 'to do' list. Yet, I am always eager to read my favourite topics, trade marks and geographical indications...I of course, did have a peak to these and I can tell you that I was not disappointed - up to date information and cases, even the Greek yoghurt issue.

The material is a nutshell, right to the essence of matters and no distractions with footnotes and further reading. The information is indeed concise, but in a way, is easy to digest.

New book is out! Google and the Law

Rodrigo Ramirez Herrera @ramahr March 08, 2012 1 comment:

Recently was out a new book entitled "Google & the Law" and subtitled "Empirical Approaches to Legal Aspects of Knowledge-Economy Business Models", is published by Springer and is a product of the T. M. C. Asser Press. This book is a global collaboration text (as collective work), edited by our team member Aurelio López-Tarruella Martínez, and contain thirteen papers written by authors from several countries and legal cultures. One of them is our well-known blog founder Jeremy Phillips, who wrote a very interesting article called "Google AdWords: Trade Mark Law and Liability of Internet Service Providers".

The complete text may be read online and soon will be available in paper format. An excerpt is following:

"[G]oogle’s has proved to be one of the most successful business models in today’s knowledge economy. Its services and applications have become part of our day-to-day life. However, Google has repeatedly been accused of acting outside the law in the development of services such as Adwords, Googlebooks or YouTube. One of the main purposes of this book is to assess whether those accusations are well-founded. But more important than that, this book provides a deeper reflection: are current legal systems adapted to business models such as that of Google or are they conceived for an industrial economy? Do the various lawsuits involving Google show an evolution of the existing legal framework that might favour the flourishing of other knowledge-economy businesses? Or do they simply reflect that Google has gone too far? What lessons can other knowledge-based businesses learn from all the disputes in which Google has been or is involved?

This book is valuable reading for legal practitioners and academics in the field of information technologies and intellectual property law, economists interested in knowledge-economy business models and sociologists interested in internet and social networks".

The table of contents is available in internet with some sample pages.

IP law in Colombia: now here's a book

Jeremy February 29, 2012 No comments:

A handsome-looking copy of a well-produced little book, Intellectual Property Law in Colombia, by Daniel Pena and Maria Catalina Carmona, has recently found its way on to my desk. To my delight, I discovered that it was English. I then discovered why: it all goes to the book's provenance. As the publishers, Wolters Kluwer, explain:

"Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Colombia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends.

The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Colombia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law".

Appearing some four years after the first version came out, this is very much a descriptive, highly-focused no-nonsense book, very much for the practitioner seeking to understand the structure of Colombian IP or to home in on a specific provision of it. This is its strength and it will be a useful tool for anyone who needs to dig into the local legal IP landscape.

Bibliographic data: publication date December 2011 (though the copyright notice says '2012'. ISBN 9041138870; ISBN 13: 9789041138873. 222 pages. Paperback. US$ $103. Web page here

Wonders of the Peruvian Spirit

Patricia Covarrubia July 19, 2011 No comments:

The Auditorium of INDECOPI was the place chosen for the launch of the book ‘Denominacion de Origin. Maravillas del Espiritu Peruano’ (‘Denomination of Origin. Wonders of the Peruvian Spirit’).

According to INDECOPI the book “makes a journey through pre-Inca myths, historical documents and the experience of existing producers who continue to use the same techniques of production and processing.” It adds, “the book provides a comprehensive overview of the historical factor, ethnographic, archaeological and human, which gives the category of 'unique' to our designations of origin.”

INDECOPI is the competent authority to grant DOs in Peru and until 2005 Pisco was the only one - today there are seven more DOs in Peru.

INDECOPI informs that the book was possible through the cooperation of USAID (U.S. Agency for International Development). The launch of the book was attended by representatives of different associations of DOs, as well as INDECOPI’s and USAID’s representatives.

Technology and Innovation - a collaboration

Patricia Covarrubia July 14, 2011 No comments:

Rio de Janeiro, July 12 20011 saw the launch of ‘Technological Innovation in Brazil: Performance, Policies and Potential’. The book “discusses aspects of the evolution of public policies for science, technology and innovation, bringing together contributions from makers of these policies”.

According to the editorial Unesp, the “book is a collection of articles that attempts to discuss from four points of view the development of technology in Brazil: Scientific Potential of Brazil; Innovation as a business strategy; Innovation in Brazil: case studies; and Innovation in Brazil: comparisons and success stories.

While there appears not to be any IP point of view I do not doubt that the book contains subjects that are quite interesting for any IP practitioner - at the end what would it be intellectual property without innovation and technology?

Innovation and intellectual property

Patricia Covarrubia June 11, 2010 No comments:

Today’s highlight comes from a book from the collection Inova which aims to promote knowledge about development and sustainability. The book ‘Intellectual Property and Innovation in Industry’, published by the Federation of Industries of Paraná (FIEP) in Brazil, intents to raise public awareness about the national importance of this topic.

According to the Instituto Nacional da Propriedade Industriale (INPI) of Brazil, the book contains an Article written by Jorge Avila (INPI president) which presents a project of cooperation between nine South American countries in the area of IP (Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Suriname and Uruguay). The proposal, said the note, “is to promote the exchange of technical information in patent examinations, for example, which facilitates the work of the examiners in all countries.”

While I have not read the book, the idea/project sounds good to me. I wonder why the author did not include Bolivia and Venezuela?

If you happen to get hold of the book, would you like to write a review – we will be happy to post it in this blog.