IPTango: geographical indications

Showing posts with label geographical indications. Show all posts

Tuesday, 6 December 2022

Some news and views from me to you

Patricia Covarrubia December 06, 2022 No comments:

I cannot deny that keeping up with the blog has been arduous to say the least. The matter is that joggling between a full-time academic job comes with presenting and attending conferences, writing papers and plenty of responsibilities not only academic but also administrative, and then a house, family, and a bit of Legal consultancy. Aside, the University of Buckingham, where I work, drives, and leads on personal mentorship – and I am proud of it, but it is time and energy consuming. On this fact, I got some news to share, well ...maybe there are not brand new, but indeed good news to share. However, I have to say, that at first, I did not make a fuzz of it, because I do not like to ‘show off’ but on reflection, the idea of obtaining any recognition is to acknowledge, and if someone feels that this is their right path and want to connect with me for further guidance then, I am more than happy to give a hand.

The Kindness & Leadership, 50 Leading Lights UK announced the listees in November, and I am one of them 😉. The campaign “seeks to shine a great big spotlight on leaders who are impacting others through kindness. We see this campaign as a unique chance to build a new status quo, sharing advice and expertise from leaders and recognising the contribution of kind leaders to business, the economy and society.” The 50 listees come from different industries (me as academic) [View the 2022 listees at https:// www.kindnessrules.co.uk/uk/] You can check my statement if you click on my name, and you can also watch a video (1 minute) here.

My second big news is more IP related. The 30^th of November came out the e-copy of the edited collection Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage. The book took a few years to materialise, but one cannot expect less as the calibre of the authors were of high standard and engaged in their own projects. I was indeed honoured for them to embark with me in this task. For more info on this, check this page

The Book Description reads

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes.

This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage.

Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

Some of the chapters cover specifically Latin America

Chapter 3 ‘Scaling up and down the edible heritage: Food and foodways as terrains of cultural friction ‘by Raúl Matta, focusing on Mexico cuisine

Chapter 7 ‘Colombian/Panamanian molas: Coping with the challenges posed in protecting and commercialising transboundary intangible cultural heritage’ by Florelia Vallejo-Trujillo

Chapter 8 ‘The ‘Pisco War’: A Chilean-Peruvian conflict at the crossroads of an intellectual property regime and intangible cultural heritage’ by Bernardo Alarcón Porflidtt

Chapter 11 ‘Knitting a future for the Aymara’s weavers: The Andean project’ by Patricia Covarrubia

Hope you forgive me for not being as prompt with news and views in the blog as it should be, this has been a crazy year! And as always, please do contact me if you think you have what we need to make this blog shine with news once again.

oriGIn on Geographical Indications compilations

Patricia Covarrubia June 16, 2022 No comments:

Yesterday afternoon I attended the event on oriGIn worldwide GI compilations. It comprises several speakers from around the world but relatable to Latin America, Sergio Chuez from INAPI was present.

The welcoming was led by Erik Thevenod-Mottet from the Swiss IPO, followed up by Massimo Vittori representing oriGIn. The idea was to share the wonderful tool, that much needed, GI compilation. The talk started by ‘some figures’

1. recognising that there are over 13,000 GIs around the world [oriGIn has compiled 9,047 – that are ‘recognized’], and here I made a pause. It was an important remark made by Massimo that ‘recognised’ may not label it as ‘registered’ as some countries may not legally registered a particular GI but still there is recognition. This is important to know because a GI is appreciated by us, society/consumers and while perhaps a GI has not obtained the legal status of registered GI, it still, in our minds, has goodwill.
2. There are different legal systems, mainly sui generis around the world that protect GI e.g. China, the EU, Africa (OAPI), the Andean countries (South America), Canada, Mexico, Chile, etc
3. GI is applicable to several sectors not only agro-products but also includes non-agricultural products such as craft [Brazil protects services too]
4. International legal frameworks are in place: TRIPS, Lisbon Agreement and more recently the Geneva Act
5. There are over 200 bilateral agreements covering GIs [mainly they follow the bilateral agreement between France and Germany signed back in the 60s - adding an annex with a list of GIs].

Massivo moved to explain how the search works (database can be accessed here). I must say that I have tried and it is not complicated at all [I do not consider myself tech-savvy] and it is, I may say ‘ straightforward’. You may search by regions (e.g., South America (you can see all 444); Central America (with 74), etc), or by country. There is also interesting data such as ‘legal protection’ under which the said GI is protected, for instance, sui generis, trade marks, legislative act, etc; as well as per ‘type of product’. Under this, I have been intrigued by ‘services’, knowing the case of ‘Porto Digital’ in Brazil reported in this blog here. The data shows THREE GIs for services; aside from the Brazilian case, there is one in Chile ‘Calidad Aysen Paragonia-Chile (protected as a trade mark); and another, that of ‘Duzdag’ from Azerbaijan as a sui generics GI. Under types of products there is a very meticulous selection e.g., food products/dairy; food products fruits; food products/vegetable oils and fats; non-food product/ wood; non-food product leather; etc. There are 7846 GIs protected under sui generic rights which Massivo asserted is a legal system which is more robustic and solid.

While I (virtuality) attended all speakers, I engaged with a couple of question when Chuez spoke about the work they do at the INDECOPI. Relating to this report today was the fact that by mere coincidence, yesterday morning I had published in this blog, about collective marks, and the QR code as well as the application been done for free. I therefore asked if there were any incentives for nationals to apply for GIs, here is the answer: ‘…[while GI applications are not free], we offer free and complete technical assistance for the filing, including the organization of the regularity council’ . This is indeed a pretty good offer, and I am sure many micros and SMEs do and will benefit from this. Peru, as many other countries in Latin America, is rich on natural resources and traditional knowledge. Yet, as of today, there are only 10 national GIs: ONE for a spirit, ONE for handcraft and EIGHT for food related products.

If you attended the event, what are your thoughts? The next GI event would be in Montpellier (5th July), I will be in (physical) attendance, would you? More info on the Worldwide Perspectives on GI here.

Tequila: finaliza la investigación bajo el Reglamento sobre obstáculos al comercio (TBR) de la UE

Verónica Rodríguez Arguijo February 06, 2022 No comments:

El 3 de febrero de 2022, la Comisión Europea anunció que finalizó formalmente su investigación sobre la denuncia referente a obstáculos al comercio en el sentido del Reglamento (UE) 2015/1843 (Reglamento sobre obstáculos al comercio, TBR en inglés) aplicados por México y consistentes en medidas que afectan la importación del Tequila. Consulta el anuncio aquí.

La denuncia

La denuncia había sido presentada por la Asociación de Cerveceros de Europa (The Brewers of Europe) debido a la decisión del Consejo Regulador del Tequila (CRT) de “ya no [conceder] certificados de exportación a … [TdS, una empresa] que produce y exporta «Tequila» … [a una] filial de Heineken NV … [debido a que] la cerveza Desperados de Heineken (una cerveza con aroma de «Tequila» añadido) infringe la [Norma Oficial Mexicana] aplicable a la utilización de la Indicación Geográfica (IG)” Tequila.

Durante la primera etapa de la investigación de la Comisión, intervinieron 22 partes interesadas, “en su mayoría representantes de asociaciones velando por la protección de las indicaciones geográficas europeas”. En efecto, oriGIn solicitó a la Comisión el reconocimiento como parte interesada considerando las implicaciones de la disputa en cuanto a los principios de las IG.

De igual manera, el procedimiento de examen también fue discutido por el Parlamento Europeo (lea aquí la pregunta parlamentaria planteada a la Comisión Europa, y consulte aquí la respuesta, ambas en inglés).

En mayo de 2021, la Comisión Europea finalizó el procedimiento de examen de la medida aplicada por México que afecta las exportaciones del Tequila a la UE (consulta el reporte aquí). Se concluyó “que si bien la medida plantea preocupaciones sobre el cumplimiento de México respecto de las normas de la OMC, específicamente la prohibición de restricciones a la exportación, está sujeta a una serie de procedimientos administrativos pendientes que pueden conducir a la revocación o modificación de la medida. Por lo tanto, la Comisión continuará monitoreando el resultado de los distintos procedimientos y, dependiendo de su resultado, podrá reevaluar las acciones a emprender” (énfasis añadido).

En octubre de 2021, la Asociación de Cerveceros de Europa informó a la Comisión Europea que “la empresa de la UE afectada había encontrado una solución con las autoridades mexicanas, lo que permitió la eliminación de los supuestos obstáculos al comercio”. En consecuencia, retiraron la denuncia.

*El 7 de febrero de 2022, se publicó en el Diario Oficial de la Unión Europea, la Decisión de Ejecución (UE) 2022/161 de la Comisión de 3 de febrero de 2022 por la que se da por concluido el procedimiento de examen relativo a los obstáculos al comercio, en el sentido del Reglamento (UE) 2015/1843, aplicados por los Estados Unidos Mexicanos y consistentes en medidas que afectan a la importación de Tequila. Consulta aquí la Decisión de Ejecución.

El retiro de la denuncia y la finalización de la investigación por parte de la Comisión Europea suceden al acuerdo amistoso entre CRT y Heineken, luego de que CRT iniciara varias acciones legales en la Unión Europea que involucraban el uso de la palabra Tequila en la cerveza Desperados. Consulta aquí mi reporte sobre el acuerdo amistoso al que llegaron las partes.

Créditos:

La imagen es cortesía de Dante Gbn.

*Artículo actualizado el 7 de febrero de 2022.

CRT y Heineken ponen fin amistosamente a la disputa por el uso de la palabra “Tequila” en la cerveza Desperados

Verónica Rodríguez Arguijo July 16, 2021 No comments:

CRT (el Consejo Regulador del Tequila) anunció que la disputa legal por el uso de la palabra Tequila en la cerveza Desperados ha terminado.

En un video difundido el 13 de julio de 2021, Miguel Ángel Domínguez Morales (presidente del Consejo Regulador del Tequila) indicó que se ha llegado a un acuerdo amistoso con Heineken luego de que CRT iniciara varias acciones legales en la Unión Europea que involucraban el uso de la palabra Tequila en la cerveza Desperados.

Aunque los términos permanecen confidenciales, Miguel destacó que el acuerdo es beneficioso para ambas partes y que el Tequila continúa fuertemente protegido en la Unión Europea [su segundo mercado de exportación más grande después de Estados Unidos].

De acuerdo al comunicado de prensa, anualmente se exportan alrededor de 20 millones de litros a la Unión Europea, donde se encuentran disponibles más de 50 marcas de tequila*.

El Tequila está protegido en la Unión Europea de conformidad con el Acuerdo entre México y la Comunidad Europea sobre el reconocimiento mutuo y la protección de las denominaciones en el sector de las bebidas espirituosas de 1997, modificado en 2004 y 2020.

WIPO: Worldwide Symposium on Geographical Indications

Verónica Rodríguez Arguijo June 01, 2021 No comments:

The World Intellectual Property Organization (WIPO) will hold the Worldwide Symposium on Geographical Indications from 6 to 8 September 2021.

The biennial Symposium is “a forum for exchanging ideas and perspectives on issues relating to the use and protection of geographical indications”, where recent developments and technical insights into the field are discussed.

The 2021 edition will be held online and will include the following sessions:

Selected International Developments
The Socio-economic Impact of Geographical Indications
Commercialization Strategies for Geographical Indications
Geographical Indications and Trade
Geographical Indications and Sustainability
Challenges for Geographical Indications and the Internet Domain Name System

Review here the full program and the list of speakers. You can register here.

A virtual exhibition will also be launched on 6 September 2021. It will provide an overview of geographical indications (GI) and examples of products protected by GI from around the world. The exhibition will be available for six months.

Find here more information about the Symposium.

Image by Couleur from Pixabay.

Paraguay – Expide el primer certificado de registro de una Denominación de Origen

Gilberto Macias (@gmaciasb) March 29, 2021 No comments:

Recientemente la Dirección Nacional de Propiedad Intelectual (DINAPI) , expidió el primer certificado de registro para una denominación de origen al Comité Interprofessionnel du Vin de Champagne.

El Champagne es la primera solicitud que concluye todo el proceso de reconocimiento preliminar y registro establecido en la Ley 4923/2013 reglamentada en el año 2019 a través del Decreto del P.E. N° 1286

Paraguay cuenta con una legislación específica en la materia desde el año 2013, para presentación de solicitudes de reconocimiento preliminar y posterior registro de indicaciones geográficas y denominaciones de origen y, desde su reglamentación en el mes de febrero del año 2019, la DINAPI ha impulsado campañas de promoción y difusión de esta herramienta de PI.

Actualmente, el Comité de Champagne reúne a alrededor de 16000 vignerons (viticultores) y 320 maisons (casas) de la región de Champagne – Francia.

Paraguay se suma así a la lista de 122 países, incluyendo la mayoría de los países de América Latina, China, India, etc., que ya protegen el nombre Champagne, una de las denominaciones más notorias y antiguas del mundo.

Mas información aquí y aquí.

To do list: geographical indication, definition, management, sustainability and consumers

Patricia Covarrubia December 09, 2020 No comments:

The call for abstracts from the Agricultural Research for Development (CIRAD) and the Food and Agriculture Organization of the United Nations (FAO) and its themes are here (Spanish, French, and English). This international conference is waiting for you. Please note the deadline is 8 January 2021 to submit the 500 words abstract, I warmly invite you to submit a contribution.

The contributors of the selected abstracts will then be invited to submit a short paper of 2 pages by April 2021; and hopefully, we will see you in July 2021 - even if the conference is postponed, the programme would be ready!

What do you fancy? Do you have something in mind? I particularly was thinking about Quinoa, why? How could I've never heard of this food until I was here in the UK? me? from the Andes region!! it's crazy how one can disregard their own local and regional food for something fanciful - Oh! the era of globalization. I have been attending every single webinar hold by OriGin and FAO through November and December and I have learned about sustainability objectives, sustainable management of wild-collected products, climate changes, healthy diets, and local communities and indigenous peoples. Shall we do this together? Send me an email if you are interested in my next project, and of course, you can submit your own one here.

The future of Geographical Indications – we need you

Patricia Covarrubia November 09, 2020 No comments:

The website of the International Conference ‘Worldwide Perspectives on Geographical Indications’ has arrived. As far as the plan is (we cannot predict what Covid-19 restrictions will be in place), this would be held in beautiful Rome, Italy on 6-9 July 2021 at the FAO headquarters.

Geographical Indications are ‘signs’ used on products such as spirits (‘tequila’ in Mexico), wines (Vale dos Vinhedos’ in Brazil), food (‘Quinoa Real’ in Bolivia), handicraft (‘Montecristi’ in Ecuador) that have a specific geographical origin (the reason for its name/label).

Why do we need you?

The conference is an interdisciplinary affair and aims to listen to everyone in the area of agriculture and trade linked to GIs– we mean, EVERYONE. From public authorities to producers, policymakers to practitioners and stakeholders to academics, you name it, and we will have a space for you.

There is a call for contributions divided into FOUR categories: 1) Defining GIs, you can expect here the obvious origin deliberation but…yes, I like this part ‘GIs and innovation’ covering technology, and methods. I am quite interested in this as we understand that while one of the keys of a GI is linked to the know-how that has been used for decades or even centuries, we cannot expect for them to be kept like that due to climate change, deterioration of resources, etc., there needs to be some flexibility for innovation without deteriorating the GI as such; 2) Managing GIs – covering governance, control, certification mechanisms, enforcement and including marketing; 3) GIs and sustainability covering the heated debate ‘climate change’, this category seeks to evaluate GIs impact (be it economic, social, environmental; cultural, etc.); finally 4) GI and consumers, we all know that GIs without consumers is like having ‘fish’ without ‘chips’ (for my British readers), so this category aims to look at the impact that GI may have on diets and looking at different labels that are used to link a product to a locality.

We are looking for participants around the world and I am indeed looking for participants from developing countries (check fees and financial support). To submit your contribution and abstract of no more than 500 words is needed -- deadline is before 18 December 2020. The beauty is that contributions can be in Spanish (cough cough my Latin American friends), English or French (simultaneous translation will be available on the date).

For the full invitation check here. For the submission of contribution check here. When accessing the page, just tap (left-hand side corner) for the desired language.

Indigenous Land as a Geographical Indication

Patricia Covarrubia October 27, 2020 No comments:

‘INPI grants first denomination of origin to indigenous people’

This is the title that the Brazilian Institute Nacional da Propiedad Industrial (INPI) uses for its headlines. My mind started to think of other cases in which a national IPO has recognized in one way or another indigenous peoples and communities. The first, that came into my mind was ‘Tejedurias Wayuu’ [maybe because I love a pretty bag –Xmas list (husband, are you reading this?] (Resolution 71098, 07 Dec 2011) which is a recognized Colombian Denomination of Origin (DO) and it refers to handicraft made by the women from the Wayuu tribe. The second example that came into mind was again from Colombia, the ‘Sombrero Zenu’ (DO) (Resolution 71097 07 Dec 2011) for a hat made by the Zenú Indigenous Reservation [husband, I don't want a hat or a new pot!]. ore in DOs in Colombia here.

Going back to the title and Brazil, the news was a bit different from what I was expecting. Why? you may ask. The Geographical Indication (GI) granted is the name of an Indigenous land and this is something new to me in the recognition of indigenous peoples on GI. In my previous examples, the DOs name refer to the peoples rather than to the land. While GI usually, if not always refers to the link with the region, or better say, the origin in a given ‘place’ - the terroir, the Colombian examples refer to the people.

Moreover, Brazil and more specifically, the INPI is recognizing the ‘Andirá-Marau’ (RPI 2598, 20 Oct 2020) an Indigenous Land as a GI for warana (native guarana) and warana bread (guarana stick). It is the first GI in the form of DO in Brazil to be used by indigenous people, which as noted in my thoughts, refers to the land. Conflicts over indigenous lands and territories have always existed and continue to exist. In this particular GI case, while we may appreciate the recognition of the government and state over the Andirá-Marau Indigenous land, the reality is that there is a pending conflict between the ownership of the area. The area was demarcated in 1982 and approved in 1986, which covers approx. 7,885 square kilometers (3,044 square miles) (Decreto 93.069 - 07/08/1986); Indigenous lands are administratively demarcated by the Fundação Nacional do Índio (FUNAI). Since 2002, the Sateré-Mawé people have asked FUNAIL to correct the boundaries of the Indigenous Andirá-Marau land so that it ‘corresponds to the area they actually occupy’.

The INPI reports that local biome in the ‘Andirá-Marau’ Indigenous land and the know-how of the indigenous Sateré-Mawé people play a key role in obtaining a differentiated product.

Today! Don't forget the 'event' TK and IP

Patricia Covarrubia September 11, 2020 No comments:

As noted early on the week under 'upcoming events on this week', today is the day to attend the webinar by the World Intellectual Property Organization (WIPO) E-commerce and Intellectual Property for Indigenous Peoples and Local Community Entrepreneurs.

I will be in attendance, will you?

The majority, if not all of our countries in Latin America are rich in genetic resources and traditional knowledge. Many do indeed protect traditional handicraft under Geographical Indications and for instance, Panama has a sui generis Law 20 (2020) which aims to protect TK and TCEs.

In Brazil, there are many local products that have benefited from GI protection (as a sui generis system), and some of them were globally seen in the Olympic games Rio 2016 (opening ceremony). Here you can see a very helpful map of GIs in Brazil.

In Colombia, there are 11 Denominations of Origin granted to handicraft, one of them is the weaving products 'Wayuu' referring to the Wayuu indigenous people. Check out (here) the list of DOs already granted in Colombia.

For more inside in how TK is seen as economic activity, check out this paper (available here) that I wrote back in March 2019 (IIC). Remember, GI has the potential to benefit rural communities, but there is some instance that there is no gold at the end of the rainbow.

ASIPI launches the interactive map of AOs, GIs, collective and certification marks

Verónica Rodríguez Arguijo August 30, 2020 No comments:

The Inter-American Association of Intellectual Property (ASIPI) launched the interactive map of appellations of origin (AOs), geographical indications (GIs), collective and certification marks of the Americas.

The Committee of Geographical Indications of ASIPI carried out the project which aims “to provide a tool that, in addition to being a source of consultation, would allow interaction for feedback and permanent updating”.

The interactive map allows to sort per country, and it is available in Spanish and English. A brief description of the GIs, AOs or marks is displayed when they are selected, and the relevant regions are highlighted on the map.

So far, the AOs, GIs, collective and certification marks* of the following countries are available on the map:

Argentina
Belize*
Bolivia
Brazil
Chile*
Colombia,
Costa Rica*
Cuba
Dominican Republic
Ecuador
El Salvador
Guatemala
Jamaica
Mexico
Nicaragua
Panama
Peru
Puerto Rico
The United States*
Venezuela

ASIPI encourages to submit here and here any updates or additional information concerning the map.

Image of Arek Socha on Pixabay.

Upcoming events on this week!

Verónica Rodríguez Arguijo August 18, 2020 No comments:

WHAT’S GOING ON THIS WEEK?

On 19 August 2020, the webinar Relevant topics regarding the new legislation on copyright (in Spanish) will be streamed on Facebook. The event is part of the Permanent Seminar on Intellectual Property 2020-2 (PSIP) which is organized by the Legal Research Institute (IIJ) of the National Autonomous University of Mexico (UNAM). The speaker is Hugo Contreras Lamadrid, Director General of the National Institute of Copyright (INDAUTOR).

On the same day, the webinar Judging Intellectual Property - Interactions between Justice, Copyright and Industrial Property will be streamed on YouTube. The event is organized by the World Intellectual Property Organization (WIPO), the Brazilian Association of Industrial Property Agents (ABAPI), the National Justice Council of Brazil (CNJ) and the Ministry of Foreign Affairs of Brazil. The speakers are Marcia Maria N. de Barros (Federal Regional Court of Rio de Janeiro), José Carlos Costa Netto (Court of Justice of the State of São Paulo) and Richard Pae Kim (CNJ). The moderators are Marcelo Goyanes (ABAPI) and Heitor Figueiredo Sobral Torres (Ministry of Foreign Affairs).

On 20 August 2020, it will take place the webinar: The new route of our Tequila, our Coffee, our Rum: a commercial perspective (in Spanish). The event is organized by the Inter-American Association of Intellectual Property (ASIPI). Some experiences concerning the Tequila Regulatory Council (CRT), the Colombian Coffee Growers Federation (FNC) and the National Association of Alcohol and Spirits Manufacturers (ANFAL, Guatemalan Rum) will be shared. The speakers are Ramón González Figueroa (CRT), Paola Romero (FNC), María Mercedes Sánchez (ANFAL) and María José Sánchez (FNC). Jorge Chávarro will moderate the session.

The webinar Key aspects for investing in technology ventures (in Spanish) will also be held on 20 August 2020. The event is organized by the National Institute of Industrial Property of Chile (INAPI Chile). The speakers are Pamela Chávez and Pablo Fernández. Register here.

On the same day, the Brazilian Intellectual Property Association (ABPI) will hold the webinar Secondary Meaning, Vulgarization and the INPI (in Portuguese). The speakers are Carlos Eduardo Neves de Carvalho, Silvia Rodrigues (INPI) and Lelio Schmidt. Register here.

Last but not least, the webinar Guide to WIPO Services for the .CN and .中国 (China) ccTLD will take place on 20 August 2020. The event is organized by the World Intellectual Property Organization (WIPO). The webinar will address the basic aspects of filing “.CN” and “.中国” domain name complaints against cybersquatters.

PAST EVENTS

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

12 August. Webinar: Indigenous Communities and Copyright (in Spanish), organized by the National Institute of Copyright (INDAUTOR). Speakers: Hugo Contreras Lamadrid (INDAUTOR), Juan Miguel Ruiz Pérez (INDAUTOR) and Nancy Clara Vásquez García (Äats hilando caminos).
12 - 13 August. Webinar: Intellectual Property as a tool for promoting the national identity of countries (in Spanish), organized by the Latin American School of Intellectual Property (ELAPI). Some speakers are Ronald Gastello (INDECOPI), Ray Meloni (INDECOPI), María José Lamus (SIC Colombia), José Andrés Tinajero (SENADI Ecuador), Silvana Sánchez (SENAPI Bolivia), and Luis José Diez Canseco Núñez (Technological University of Peru).
13 August. Webinar: Ratification of the Nagoya Protocol - First Impressions* (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI). Speakers: Professor Bráulio Dias (University of Brasilia) and Ana Paula Viana (Natura). Moderators: Luiz Ricardo Marinello and Alex Gonçalves de Almeida.

* The webinar details were added to the page “Events” on the IPTango website after the weekly article was published.

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

Image of Becca Clak on Pixabay.

Upcoming events on this week and more!

Verónica Rodríguez Arguijo July 13, 2020 No comments:

WHAT'S GOING ON THIS WEEK?

The European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) are holding the conference Shaping tomorrow: 3D printing and its impact on IP from 13 to 16 July 2020. The first sessions already took place which included the presentation of the new EPO’s study on patents and trends in 3D printing technologies. Some speakers of the remaining sessions are Virginie Fossoul (European Commission), Heli Pihlajamaa (EPO), Rosa Maria Ballardini (University of Lapland), and Cristian Fracassi (Isinnova). Watch here the full recording of the first day and the live stream of the remaining sessions.

On 14 July 2020, the World Intellectual Property Organization (WIPO), the Brazilian National Institute of Industrial Property (INPI Brazil), the Brazilian Intellectual Property Association (ABPI), and the Brazilian National Confederation of Industry (CNI) are offering the webinar Intellectual Property 4.0: IP in the Fourth Industrial Revolution? (in Portuguese). The opening speakers are Luiz Edgard Montaury Pimenta (ABPI), José Graça Aranha (WIPO), and Fabiano Barreto (CNI). The panellists are Alexandre Pfeifer (IBM) and Fabiano Barreto (CNI). Vagner Latsch (INPI) will moderate the session.

The International Chamber of Commerce of Mexico (ICC Mexico) will hold the seminar The new Industrial Property Law (in Spanish) from 14 to 16 July 2020. The program will cover the amendments on trademarks, patents and enforcement issues. Some speakers are Juan Lozano Tovar (IMPI), Claus von Wobeser (ICC Mexico), Oscar Estrada Chávez (Federal Court, IP Specialised Bench), Luz María Anaya Domínguez (Federal Court, IP Specialised Bench), Juan Antonio Rodríguez Corona (Federal Court, IP Specialised Bench), Paola Franco Abarca (IMPI), and Karen Orivio (Novartis).

The webinar Federal Copyright Law - Opportunities and security: INDAUTOR (in Spanish) will take place on 14 and 16 July 2020. The event is organized by the Mexican Centre for Protection and Promotion of Copyright (CeMPro), the National Chamber of the Mexican Publishing Industry (CANIEM), and editamos. The speakers are Hugo Contreras Lamadrid (INDAUTOR), Jesus Parets (INDAUTOR), Alberto Arenas (INDAUTOR), Claudia Pérez (INDAUTOR) and Quetzalli de la Concha (CeMPro).

On 16 July 2020, the following webinars are scheduled:

Evocation: a powerful tool to protect GIs, organized by oriGIn (Organization for an International Geographical Indications Network). Some speakers: G. Belinci, F. Desimoni and L. Nair.
Cancellation of trademark registrations for non-use: a comparative analysis (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Clarissa Jeagger, Liza Erazo, and Miguel Muñoz. Moderator: Luis Baz Baz.
Overview of the WIPO Guide on Identifying Inventions in the Public Domain, organized by WIPO. Speaker: Donna O. Perdue.

On 17 July 2020, the webinar Intellectual Property in Mexico: Tips for Protecting and Managing your IPRs in Unprecedented Times will take place. The event is organized by the IP Key Latin America and Latin America IP SME Helpdesk. Some speakers are Martin Schlötelburg and Sergio Rangel.

FIDE | TIPSA. Global Digital Encounters: IP Arbitration in a Digitally Enhanced World

The Foundation for Research on Law and Business (FIDE, acronym in Spanish) and the Transatlantic Intellectual Property Academy (TIPSA) announced the Global Digital Encounters: IP Arbitration in a Digitally Enhanced World (Encounter 4) will be held online on 22 July 2020.

The event will provide an overview of the role of IP arbitration and mediation in a post-pandemic environment. The speakers are Catherine A. Rogers (Penn State Law) and Chung Nian Lam (WongPartnership). Ignacio de Castro (WIPO) will moderate the session. More information here.

PAST EVENTS

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

7 July. Webinar: Domain Name Arbitration, organized by the Brazilian Association of Industrial Property Agents (ABAPI), TIPSA, and WIPO.
7 - 9 July. Second Session of the WIPO Conversation on IP and AI, organized by WIPO.
8 July. Webinar: WIPO-AIPPI Joint Webinar: Current Trends in WIPO Mediation and Arbitration for Intellectual Property and Technology Disputes, organized by WIPO and the International Association for the Protection of Intellectual Property (AIPPI).

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

Image of metalurgiamontemar0 on Pixabay.

Colombia: smell [successful] coffee

Patricia Covarrubia July 10, 2020 No comments:

SIC, the Colombian IPO office recently published a short graphic noting Colombian's coffees that have successfully been registered as Denominations of Origin.

Every morning, before I even brush my teeth, I enjoy an espresso. I not only enjoy the taste, but the smell of fresh coffee is very pleasant. I am use to strong coffee, (being Venezuelan with an Italian husband) and actually, I was raised in a farm that on my teenager years was just harvesting coffee beans – what a wonderful time (except the mosquito bites).

I am, by nature please to see how farmers and their respective associations try to protect their products and with it, their farms, their people, their family. I do also understand (as academic and researcher) that no everything is gold at the end of the rainbow when we discuss Geographical Indications. However, just the fact that farmers unite for a common aim, for me, it is a successful goal. Sharing good practices and feeling part of a community is extremely important. In this regard, I see the value of the product as it is explained by the Lisbon Agreement when referring to appellation of origin – a human factor.

SIC explain DO as ‘a sign that is directly related to the community and in which associativity plays a role of special importance’ – I could not agree more. Colombian DOs are defined in Decision 486, which is the Andean Community legislation (equivalent to ‘Regulation’ in EU law) and nationally, under Resolution No 57530. The spirit and the wording of the texts are similar to the one noted as Appellation of Origin under the Lisbon Agreement because they include the natural factors of the region focusing on human factors such as traditional knowledge and methods of elaboration.

Up to today, Colombia has registered as Denomination of Origin SEVEN coffees. And please, if you are taking notes, it is Colombia (country), no Columbia (US state). [I was so heart broken when I saw the final publication of a chapter in a book that I was involved with, that the editorial decided to change Colombia for Columbia !! (that is another story to tell you later)]. Anyways, all started with ‘Café de Colombia’ (2005) which was the first DO in Colombia itself but also the first foreign DO registered in the EU (what an achievement). This opened the door to other farmers that saw the benefits. In 2011, TWO coffees were granted DO: ‘Café de Nariño’ and ‘Café de Cauca’; [I wrote a chapter in a book (not the one that edited Colombia) covering a case study on Café de Narino and a company that wanted to registered as a trade mark such name in Spain [published online by Inter-America Association of Intellectual Property (ASIPI)]. In 2013, ‘Café de Huila’ and 2014, ‘Café de Santander’ successfully registered their DOs. The last TWO were granted on the same date, 30 January 2017 to ‘Café de Tolima’ and ‘Café de Sierra Nevada’.

Way to go Colombia!
The graphic can be seen here.

Brazil: A sweet ending

Patricia Covarrubia January 29, 2020 No comments:

The Brazilian IPO (INPI) left 2019 with a sweet Geographical Indication (GI).

The INPI published on the Revista da Imóvel Industrial (RPI) nº 2554, December 2019, the granting of ‘Capanema’ for the product ‘melado batido e melado escorrido’. The word ‘melado’ means syrup and in this publication, we learn that the syrup is for both ‘beat’ and ‘drained’. The syrup is produced by the use of muscovado sugar from cane sugar, also known as ‘brown cane sugar’.

Chile vs Peru: the battle over ‘Pisco’ continues

Patricia Covarrubia October 02, 2019 No comments:

The Peruvian Ministry of External Relations has issued a Press Release stating that Peru will appeal to the ruling of the Court of First Instance of Thailand against the registration of a Chilean association that intends to use the term Pisco.

Press Release 010 - 19
Given the news reports that advance the ruling of the Court of First Instance on Intellectual Property and International Trade of Thailand, it should be stressed that despite the exclusive ownership of the Peruvian Denomination of Origin Pisco in Thailand, said Court ruled that in that country you can use "Pisco Chile".
Peru considers that this first decision of the Thailand Court does lead to consumer confusion in that country, since the Pisco Denomination of Origin is Peruvian and this is confirmed by the historical, geographical, cultural and scientific arguments that our country supports and defends in all the world’s court.
In that sense, the ruling in the first instance will be appealed immediately by Peru, in order to continue opposing any attempt to register because these are obvious errors of fact and law.

A Pisco sour for a sour battle

Years of international dispute have persisted over the origin of Pisco which both Chile and Peru have produced since colonial times. Both countries recognize it in their own jurisdiction as a Denomination of Origin. Additionally, back in 2018, Chile was open to accepting the name of Peruvian Pisco if Peru accepted the name of Chilean Pisco – a qui pro quo that did not go far since Peru did not accept such a proposal.

The case brought appears straightforward. If the Thailandese Registry of Industrial Property recognized Pisco as a Denomination of Origin (DO) produced in Peru, it does then prevents the registration of the name and any marketing of Pisco within the Thailand market if it has not complied with the Peruvian national regulation. Clearly, if Pisco was not made in Peru it cannot be called as such. Well, it is not that simple. In India, the dispute over the name went over 9 years (finally won by Peru) and this appears to be the case now in Thailand. The dispute is over a year on, so get ready for a long battle.

The whisky exchange webpage (where I get my inspiration from:) ) notes that ‘Pisco is a grape brandy produced in Chile and Peru’. In the EU (oh BREXIT is coming…who will register first in the UK, Chile or Peru) both, Chile and Peru, were granted geographical indication. Chile had an association agreement (2002) where recognition was given, and then Peru applied for the registration of Pisco as GI (granted in 2013).

Chile on promoting national products

Patricia Covarrubia September 12, 2019 No comments:

In Sept 2019, the Chilean Intellectual Property Office (INAPI) and Pro Bono Foundation signed a cooperation agreement seeking to promote the ‘education and culture of industrial property protection.’ The aim is to disseminate and guide users about ‘how to protect their brands and innovations’.

Background: Pro Bono is a NGO and a non-profit organization launched back in 2000. The organization ‘promotes and facilitates democratization in access to justice for the benefit of vulnerable people and groups and social organizations.’ It is made of 39 legal firms, 10 companies and an array of lawyers.

One of the key areas will be the use of ‘sello de origen’ - seal of origin, which aims to preserve and stimulate particular forms of traditional manufacturing/production, traditional crafts, and unique ‘national’ products. The purpose of ‘sello de origen’ is to promote the ‘adequate use of industrial property tools for the recognition and protection of Chilean products through the registration of Geographical Indications (GI), Denominations of Origin (DO), Collective (CoM) and Certification Marks (CeM)’. Check our previous post on this here.

There are six regions in continental Chile and as on the 12th of Sept 2019, the following products are benefiting (or to benefit) from these tools:

Norte Grande
Oregano de la Precordillera de Putre (oregano) – registered as GI
Aceitunas de Azapa (olives) – registered as GI
Maíz Lluteño (corn) – registered as GI
Limon de Pica (lime) – registered as GI

Norte Chico
Aceite de Oliva del Valle del Huasco (olive oil) – registered as DO

Centro
Manos de Isla negra (textiles handicraft) – registered as CeM
Dulces de Ligua (sweet pastries) – registered as GI
Sabor Limachino (tomatoe) – registered as CeM
Chicha de Curacaví (alcolic drink) – registered as DO
Dulces de Curacaví (sweet pastries) – registered as GI
Viñedos Casablanca Route (wine products) - registered as CoM
Sandía de Paine (watermelon) – registered as GI
Corazón de Paine (watermelon_ - registered as CoM
Chamantos y mantas corraleras de Doñihue (textiles) – registered as DO
Sal de Cahuil - Boyeruca Lo Valdivia (salt) - registered as DO
Alfarería de Pomaire (traditional clay jars) – registered as DO
Crin de Rari (miniature knitting) – registered as DO
Loza de Pilén (clay pots) – registered as DO
Puerro Azul de Maquehue (leek)– pending as GI
Mieles Altos de Cantillana Producida en Alhué 100% Natural (honey) – pending as a CoM

Sur
Alfarería de Quinchamalí (sweet pastries) – registered as DO
Tomate Angolino (tomatoes) – registered as GI
Prosciutto de Capitán Pastene (ham) – registered as DO
Piedra Cruz (semiprecious stone) – registered as DO
Sidra de Punucapa (cyder) – registered as DO
Cerveza Valdiviana Región de Los Rios (beer) – registered as CoM
SIPAM Chiloé (agricultural patrimony products) – registered as CeM
Cordero Chilote (lamb) – registered as GI
Chupallas de Ninhue (traditional handmade hats) – registered as DO

Austral
Calidad Aysén Patagonia-Chile (products and services) – registered as CeM

Insular
Atún de Isla de Pascua (tuna) – registered as GI
Langosta de Juan Fernández (lobster) – registered as GI
Cangrejo Dorado de Juan Fernández (crab) – registered as GI
Joya Negra del Pacífico (handicraft) – registered as CeM

EU and Mercosur Trade Agreement - the lucky 20 (?)

Patricia Covarrubia July 02, 2019 No comments:

Over the weekend, it was all over the news that after 20 years of negotiation and talks the EU and Mercosur agreed to a trade deal.

Mercosur is one of the largest trade bloc in South America (Argentina, Brazil, Uruguay and Paraguay), the other been the Andean Community (CAN) (Colombia, Peru, Ecuador and Bolivia). Since 2013, the EU agreement with Colombia and Peru started to apply, and this was later on joined by Ecuador (2017). This last EU agreement has seen how the market has gradually opened for both sides and has increased an investment environment for the South American countries involved. Bear in mind that the EU is the third largest trade partner in the Andean countries -- you can check the external link containing the fourth annual report (2018). If we go back to the start of this agreement, you may recall that we talk about one of the requirements imposed by the EU, that of Colombia to sign the Madrid Agreement.

Was Brazil and the heavy pushy 2019 on the Madrid Protocol a perfect clue for what was happening?

In Brazil we saw 2 public consultations: The registration of marks as multiclass trade marks: the Brazilian law does not allow for this. A multiclass trade mark application is filed for the purpose of getting ONE trade mark registered under two or more classes of products/services at the same time i.e. a multiclass application rather than a single application (a registration per class – a separate application must be filed for each class). The other hint was the open consultation on co-ownership and division of registrations and orders. Amusing to see in this latter announcement, published on the 21^st May 2019, a notice indicating that shortly there was to be an open consultation on registration of marks under the Madrid Protocol; although by next day, the Brazilian Senate approved the Brazilian adhesion to the system. They did however opened the consultation on the 28^th May.

I am looking forward to read the agreement and specially the section ‘Intellectual Property, including Geographical Indications’. Now a holistic approach is noted in section 13, here. On trade marks it states that there is an important reference to the ‘Madrid Agreement’ – does it mean that they will have to become members as the Colombia’s example? But, then I read that in regards to patents, countries that are not part of the Patent Cooperation Treaty are encouraged to sign – well, this is directed to all except Brazil. So, no encouragement for Madrid then, uh?. We of course cannot expect less from the EU counterpart to have an ‘ambitious’ on the topic of Geographical Indications. And to be honest it appears to be quite balance if we compare with the FTA between the EU and the Andean countries wh

ere there was a complete unbalance. In this one, the EU listed 355 and the Mercosur 220.

Hold your breath, the agreement still needs to be ratified by the national parliaments of all member countries of both blocs, as well as by the EU Parliament and EU Council.