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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 fashion. Show all posts
Showing posts with label fashion. Show all posts

Saturday, 11 June 2022

Verónica Rodríguez Arguijo

WIPO Podcasts on Intellectual Property (WIPODs)


The World Intellectual Property Organization (WIPO) has produced podcasts featuring stories and conversations on creativity, innovation, and Intellectual Property.

So far, WIPO Podcasts on Intellectual Property (WIPODs) include the following series:

WIPOD – Page Points. WIPO Knowledge Center’s collection. Conversations with authors, editors, publishers, practitioners, and academics. Episodes available:
  • Intellectual Property and Artificial Intelligence
  • Intellectual Property and Tourism
  • Intellectual Property in the Fashion Industry
WIPOD – International Trademark System Talks. It features practitioners discussing historical background, insights, and perspectives on WIPO’s Madrid System for the international registration of marks. Episodes available:
  • A History of Trademarks: The Birth of the Madrid Agreement
  • A History of Trademarks: The Road to Madrid from Paris via Rome
  • A History of Trademarks: From the Ancient World to the 19th Century
WIPOD – Arbitration and Mediation Matters. Conversations with practitioners, mediators, and arbitrators. It offers insights into Alternative Dispute Resolution (ADR) methods. Episodes available:
  • A WIPO Mediation Case Study in the Life Sciences Sector
  • ADR for Copyright and Content Disputes in the Digital Environment
  • How to Resolve IT and Software Disputes with Arbitration and Mediation

Listen to the WIPODs here!

Image by chiplanay from Pixabay.
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Monday, 21 September 2020

Verónica Rodríguez Arguijo

Upcoming events on this week! [21 – 27 September 2020]


WHAT’S GOING ON THIS WEEK? 

On 22 September 2020, the Inter-American Association of Intellectual Property (ASIPI) will hold webinar Past, Present and Future of the Court of Justice of the Andean Community (in Spanish). The speakers are Luz Clemencia de Paez (ACPI), Marcel Tangarife (Colombia), and Luis Diez Canseco (TJCA). The presenter is Hugo Gómez (TJCA). Fernando Triana will moderate the session. 

On the same day, the webinar INPI - IP Digital Plan: Achievements and Perspectives (in Portuguese) will be streamed on YouTube. The event is organized by the Paulista Association of Intellectual Property (ASPI). The speakers are Mauro Catharino Vieira da Luz, Davison Rego Menezes, and Marcello do Nascimento. Liliane Agostinho Leite will moderate the session. 

The webinar Fashion Law and its relationship with influencers and the risks of empowerment (in Spanish) will take place on 24 September 2020. The event is organized by the Inter-American Association of Intellectual Property (ASIPI). The speakers are Annalucia Fasson (Peru), Vanessa Rodriguez (Peru), Raquel Cañas (El Salvador), Ikerne Mestre (Mexico), José Juan Méndez (Mexico). The moderators are Ximena Souza Ferreira (Peru), Marcela Mancia (El Salvador), and Mariana García (Mexico). 

The webinar Artificial Intelligence, Software and Patents: Towards a Post-COVID Changing Game (Encounter 5) will be held on 25 September 2020. The Foundation for Research on Law and Business (FIDE, acronym in Spanish) and the Transatlantic Intellectual Property Academy (TIPSA) are organizing the event. The speakers are Professor Noam Shemtov (Queen Mary School of Law) and Professor Xiang Yu (Sino-European Institute for IP of HUST). Marco Alemán (WIPO) will moderate the session. 

Last but not least, the webinar The shape of IP: 3D objects, between copyright and trademark law (in English) will take place also on 25 September 2020. The event is organized by IP Time. The speaker is Professor Eleonora Rosati. 


PAST EVENTS 

Did you miss some events held the last week? The following are still available on-demand: 
  • 14 September. Opening lecture: ASIPI: An Academy to lead change (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speaker: Professor Manuel Desantes (University of Alicante). 
  • 15 September. Webinar: Intellectual Property Management in Sports Events (in Portuguese and Spanish), organized by the World Intellectual Property Organization (WIPO) and the Brazilian Intellectual Property Association (ABPI). Opening speakers: Luiz Edgard Montaury Pimenta (ABPI) and José Graça Aranha (WIPO). Panellists: Carlos Castro (International Olympic Committee) and Vicente Rosenfeld (FIFA). Moderator: Luiz Edgard Montaury Pimenta. 
  • 15 September. Launch of Innovation Cooperation Project Brazil - Denmark, organized by the Brazilian National Institute of Industrial Property (INPI Brazil), the Danish Innovation Center (ICDK) and the Royal Danish Embassy in Brasília. Speakers: Carlos Da Costa (Ministry of Economy), Cláudio Furtado (INPI Brazil), Nicolai Prytz (Ambassador to Brazil), Sune Stampe Sørensen (Danish Patent and Trademark Office), José Graça Aranha (WIPO), and Carlos Américo (FAPESP). 
  • 16 September. Webinar: Regional Courts specialized in IP matters (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI). Opening speaker: Roner Fabris. Panellists: Ney Wiedemann Neto (TJRS), Alexandre Kosby Boeira (Regional Court of Novo Hamburgo) and Márcia Nunes de Barros (Federal Court). 
  • 16 - 18 September. The WIPO Conference on the Global Digital Content Market. Some speakers: Francis Gurry (WIPO), Ivan Duque (President of Colombia), Toomas Hendrik (President of Estonia), Wishnutama Kusubandio (Minister of Tourism and Creative Economy, Indonesia), Eddy Maroun (Anghami), José Antonio Aboumrad (Claro Sports), Björn Ulvaeus (ABBA | Music Rights Awareness Foundation), and Refik Anadol (Media Artist, Turkey). The full program and the list of speakers are available here
  • 17 September. Webinar: What is the OEM doctrine and why it is important for avoiding a trademark infringement in China? (in English and Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Aaron Hurvitz (USA), Daniel de Prado (China), and Gordiano Casas (China). Moderator: Andrés Grunewaldt. 

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

Credit: the picture is courtesy of Riana Harvey

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Thursday, 5 November 2015

Patricia Covarrubia

Protecting the fashion industry

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We are ready...
In Lima, Peru, took effect the fifth edition of ‘LIF Week’. This event invites fashion designers to show their work. The event revealed the ‘Autumn-Winter 16’ proposals and trends by national fashion designers. Helping the fashion industry, the Peruvian Instituto Nacional de Defensa de la Competencia y de la Protection de la Propiedad Industrial (INDECOPI) prepared and made available to the public a guide: ‘Copyright in the Fashion Industry’. This guidelines are said to promote knowledge and ‘foster respect for the rights of the creators of fashion.’ The guideline is accessible here.

This guideline contains straightforward key issues such as:
• fashion creations are considered works of ‘applied art’. They need to be original according to the law i.e. the creation expresses the personality of the designer (Art 2, s 20 of the Act).
It states that a work of applied art is an artistic creation with utilitarian functions or incorporated in a useful article, and it could made by hand or produced industrially.
Elaborating on this, the guide notes that ‘not all fashion creations shall be protected by Copyright as works of applied art, but only those which are or embody original artistic creation’. It also estates that fashion designs ‘usually has a utilitarian function (such as dressing the body of a person).’ It gives examples of garments in general but notes also accessories such as gloves, scarves, hats, jewellery, among others.
Image result for gucci• fashion is also likely to be protected by other intellectual property rights such as trade marks. A registered trade mark protects the distinctive sign that the fashion design may have e.g. logo. However, in this case, what is protected is the logo, not the garment/design as such. The guide given example is the monogram YSL displayed in clothing and accessories – protected by trade mark as a registered trade mark for Yves Saint Laurent (Indecopi, N° 114706 in Class 25).
It also may be protected by industrial design and gives the example of the design of a particular pattern fabric featuring a monogram. This type of work is created by 2D and 3D forms that are incorporated into the garment and produced in scale such as GUCCI. Again what is protected is not the fashion design but the pattern featuring the monogram ( Design D359,166 USPTO).

INDECOPI’s Directorate of Copyright reminds interested party who wish to protect their work, to visit their website at http://www.indecopi.gob.pe/ddavirtual/informacion, where they can find information about the registration of their work.

INDECOPI notes that the institute ‘reflects its continuing interest in promoting, among the creative industries, the tools of protection of intellectual property as an engine for economic development. At the same time, it reaffirms its commitment to strengthen the culture of respect for copyright, source of job creators and means of expression of our cultural identity’. Indeed according to Christiane Schuman Campbell, 'the fashion industry in the United States generates more than $300 billion in revenue each year' and thus gives a substantial contribution to the U.S. economy.

Source INDECOPI.
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