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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.

New website: Global Digital Encounters

IPTango February 20, 2021 No comments:

The new website dedicated to the Global Digital Encounters (GDE) was launched some days ago.

FIDE (Legal and Business Research Foundation) and TIPSA (Transatlantic Intellectual Property Academy) organize the GDE to “support the international, European and national plans to overcome the sanitary and financial consequences of the COVID-19”. The Encounters are scheduled throughout the whole year around the topic “The role of IP in a new post-crisis world”.

The new website includes the following sections:

The Team composed of Professor Laurent Manderieux (co-director), Professor Manuel Desantes (co-director), Professor Javier Fernández-Lasquetty (academic coordinator) and Álvaro Arribas (technical coordinator).
The Encounters. This section includes information about each Encounter, the recording, suggested readings, and the report on such a session.
Our Publications. This section comprises all the reports on the Encounters.
The Academy Family refers to all the Encounters’ speakers and moderators, who are “worldwide known Academics and IP Senior Specialists from all continents”.
The Support Team of the Encounters
Support Entities of the Encounters. IPTango is pleased to be one of them!

Have a look at the new website!

Credit: Image is courtesy of FIDE.

Call for Chapter Intangible Cultural Heritage and Intellectual property

Patricia Covarrubia February 10, 2021 No comments:

*Intangible Cultural Heritage and Intellectual property*

If you have expertise in these areas, I would love you to contribute to the book Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage (Routledge, 2021)

You will be invited to write a chapter (8,000 words -- all inclusive: footnotes and bibliography). Drafts are due by the 31st of April 2021 (for internal peer-review purposes). If you would like to co-author the piece with someone, this is also welcome.

To maximize the potential impact of the volume in connecting transboundary heritage studies more firmly to intellectual property law, I kindly ask you to consider a chapter on ‘ownership’ bearing in mind that the book is interdisciplinary, so contemplate a reader that has no law background. I ask you to reflect on the following matters when drafting your chapter:

1. Concepts of property rights, possession rights and responsibilities; including collective rights, and control access. This should focus on key legal concepts.

2. Desires for access and control over traditional knowledge, and genetic resources.

3. Traditional proprietary system and how they operate in different contexts, for instance: civil law, common law, national law, international law, and customary law.

4. How does the law operate in practice in relation to transboundary intangible cultural heritage?

5. What are the flaws of the system? Suggestions to improve are welcome.

6. Please provide short examples if possible or you can develop the chapter on a case study.

Finally, if you would like to contribute, please submit an abstract of 400 words to me by the 8th of March, 2021. This will allow the editor to give some guidance at the early stages of preparation of the manuscript. In your abstract, please include the central thesis and the structure. Also, include a short biography and contact details.

Patricia Covarrubia

patricia.covarrubia@buckingham.ac.uk

En memoria de Hugo Contreras Lamadrid, Director General del Instituto Nacional del Derecho de Autor

IPTango October 09, 2020 No comments:

El equipo de IPTango se une a la pena que embarga a familiares, amigos y colaboradores por el fallecimiento de Hugo Contreras Lamadrid, Director General del Instituto Nacional del Derecho de Autor (INDAUTOR).

El Profesor Gustavo Schötz comparte con nuestros lectores una semblanza sobre Hugo Contreras Lamadrid:

De modo sorpresivo, a sus 54 años, falleció Hugo Contreras Lamadrid.

Se graduó como Licenciado en Derecho por la Universidad Nacional Autónoma de México (UNAM). Contaba estudios de Maestría y una Especialidad en Derecho de la Propiedad Intelectual por la División de Posgrado de la Facultad de Derecho de la UNAM y una especialidad en Derecho Civil por la Universidad Panamericana.

Fue Director del Seminario de Derecho Procesal de la UNAM, donde fue distinguido con la Cátedra Extraordinaria “José Castillo Larrañaga”.

Desde 2018 fue el Director General del Instituto Nacional del Derecho de Autor (INDAUTOR). Fue Representante de México en el Comité Permanente de Derecho de Autor y Derechos Conexos (SCCR) de la OMPI.

Entre 2012 y 2014 fue co-fundador y Director de la Revista Derecho sin Fronteras, publicación jurídica sobre derecho constitucional, procesal, propiedad intelectual, derecho sanitario y derecho penal.

Fue Profesor Invitado de la Universidad de Buenos Aires, la Universidad del Salvador y la Universidad Austral, de Argentina.

Se especializó en la resolución alternativa de conflictos, especialmente la mediación, y abogaba para una más extensa aplicación de esta figura para resolver los conflictos vinculados al derecho de autor.

En lo personal, fue un gran amigo y colega. Nos conocimos hace 10 años, con ocasión de un seminario conjunto entre la UNAM y la Universidad Austral sobre patentes en biotecnología y datos de prueba en biosimilares, en Buenos Aires. Compartimos la organización y exposición en varios cursos y programas de televisión, ya que fue productor de Derecho sin Fronteras en el canal de la UNAM. En 2012, se incorporó al Consejo de Redacción de la Revista Iberoamericana de la Propiedad Intelectual (RIPI).

Luego vino su nombramiento en el INDAUTOR y coincidimos en el SCCR de la OMPI, donde impulsamos distintas iniciativas, siempre en el marco del GRULAC. Fue un gusto y un honor compartir esos momentos con Hugo.

Siempre fue muy trabajador y dedicado. Apasionado docente. Se podía hablar con confianza y tenía posiciones muy constructivas.

Conocimos a su familia, Inés y sus hijos, con quienes compartimos la aflicción que los embarga. Para Hugo, la familia siempre estaba en el primer lugar de sus conversaciones.

Te extrañaremos Hugo.

Crédito: Imagen disponible en la página web de la Secretaría de Cultura del Gobierno de México, consultada el 9 de octubre de 2020.

Upcoming events on this week and more!

Verónica Rodríguez Arguijo July 20, 2020 No comments:

WHAT'S GOING ON THIS WEEK?

The Michigan State University’s Center for Anti-Counterfeiting and Product Protection (A-CAPP Center) is holding the conference A Brand’s New World: The Future of Challenges in Brand Protection from 20 to 22 July 2020. The conference will address brand protection strategies and issues post-pandemic. The speakers include Hernan Albamonte (Philip Morris), Charles Olschanski (Tiffany), Cristina Posa (Amazon), Brian Fogarty (Nike), Lori Mayall (Gilead Sciences), Mike Gannon (3M), Mark Schildkraut (BD), Tara Steketee (Merck & Co.), Kasie Brill (GIPC), and Carolina Giuga (LEGO). Some moderators are Jeff Rojek (A-CAPP), Leah Evert-Burks (A-CAPP), and Kari Kammel (A-CAPP). The program and registration are available here.

The Latin American International Arbitration Course (LAIAC) will take place from 20 July until 7 August 2020. The LAIAC is organized by the Geneva Center for International Dispute Settlement (CIDS). The program will cover procedural and substantive matters in commercial and investment arbitration. The course is addressed to lawyers, government, and public sector officials as well as advanced law students from Latin America and worldwide. The LAIAC will be instructed in English except for one lecture in Spanish.

The International Confederation of Societies of Authors and Composers (CISAC) is offering the online course Copyright and the Business of Creative Industries from 20 July to 16 August. The instructor is Marisa Gandelman. The course will be taught in Spanish and Portuguese.

The third encounter of the Seminar Innovation and Intellectual Property in post-pandemic scenarios (in Spanish) will be held on 21 July 2020. The event is organized by the Centre for Interdisciplinary Studies of Industrial and Economic Law (CEIDIE) of the Faculty of Law of the University of Buenos Aires. The speakers are Diego Hurtado (MCyTArgentina), Eduardo Spitzer (Elea-Phoenix), Viviana Tellez Muñoz (South Centre), and Maximiliano Marzetti (CEIDIE-UBA).

On 22 July 2020, it will take place the webinar The ABC of trademarks which is organized by the Mexican Association for the Protection of Intellectual Property (AMPPI). The speakers are Arturo González Martínez, Fernanda Díaz Aquino, and Flor Bermúdez Trejo. Catalina Lozada will moderate the session.

The Foundation for Research on Law and Business (FIDE, acronym in Spanish) and the Transatlantic Intellectual Property Academy (TIPSA) will hold the Global Digital Encounters: IP Arbitration In A Digitally Enhanced World (Encounter 4), also 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.

Meanwhile, the Brazilian Intellectual Property Association (ABPI) is offering the webinar Online piracy in Brazil - Achievements and Challenges (in Portuguese) on 22 July 2020. The speakers are Daniel Steinmetz (Walt Disney), Alessandro Barreto (Ministry of Justice and Public Security), and Guilherme Farid Mischi Bou Chebl (PROCON-SP).

On 23 July 2020, the following webinars are scheduled:

Intellectual Property and Hackathons: Computer Program Registration, 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: Gabriel Teixeira (1st winner of Hackcovid19, computing category), Camila Perico (1st winner of Hackcovid19, general category), and Helmar Alvares (INPI Brazil). Moderator: Patrícia Coimbra.
Mediation under the WIPO Rules (in Spanish), organized by the World Intellectual Property Organization (WIPO). The webinar will cover WIPO mediation rules for resolving IP and technology disputes.
Cannabis regulation (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Maritza Reátegui (Peru), Viviana Cervieri (Uruguay), and Guillermo Carey (Chile). Moderator: Armando Arenas (Mexico).

On 24 July 2020, the webinar IP Key LA to Host Virtual Seminar on Industrial Design Rights, will take place. The event is organized by the IP Key Latin America, the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office (EUIPO), and the Spanish Patent and Trademark Office (OEPM). The program will cover the benefits and advantages of the Hague Agreement as well as the experiences of EU, Spain, and Mexico in such regard. A certificate of attendance will be provided. Register here.

On the same day, the webinar Most remarkable judgments issued by the Court of Justice of the Andean Community (in Spanish) will be held. The webinar is organized by the Brazilian Intellectual Property Association (ABPI), the Ecuadorian Intellectual Property Association (AEPI), the Colombian Association of Industrial Property (ACPI), and the Peruvian Association of Industrial Property and Copyright (APPI). The speakers are Hugo Gómez Apac (Court of Justice of the Andean Community, Peru), Gustavo García Brito (Court of Justice of the Andean Community, Bolivia), Marcos Mercado D., María del Carmen Arana, Andrés Rincón and Sasha Mandakovic. María Rosa Fabara will moderate the session. Register here.

WIPO SURVEY ON BLOCKCHAIN AND IP ECOSYSTEM

The World Intellectual Property Organization (WIPO) is conducting a survey on blockchain and IP ecosystem. The purpose is to “gather information for a Blockchain Whitepaper that will identify how blockchain technology can contribute to establishing a robust, streamlined, cost-effective, inclusive, and transparent IP ecosystem in the era of digital transformation”. The deadline to participate is 31 July 2020.

The whitepaper project is carried out by the Committee on WIPO Standards (CWS) Blockchain Task Force and involves a webinar series on the subject. The first webinar took place on 25 June 2020 (as announced here). The remaining two webinars will be held in the following months for discussing the survey’s findings and the content of the whitepaper. Review here more information on the webinar series.

PAST EVENTS

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

13 July. Webinar: Shaping tomorrow: 3D printing and its impact on IP, organized by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO).
14 July. Webinar: Intellectual Property 4.0: IP in the Fourth Industrial Revolution? (in Portuguese), organized by WIPO, the Brazilian National Institute of Industrial Property (INPI Brazil), the Brazilian Intellectual Property Association (ABPI), and the Brazilian National Confederation of Industry (CNI).
16 July. Webinar: Cancellation of trademark registrations for non-use: a comparative analysis (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI).

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

Image of Free-Photos on Pixabay.

Upcoming events on this week and more!

Verónica Rodríguez Arguijo June 30, 2020 No comments:

WHAT'S GOING ON THIS WEEK?

On 30 June 2020, the webinar The IP systems in the Americas during the COVID-19 will be held. The event is organized by the Argentine Association of Industrial Property Agents (AAAPI), the Brazilian Intellectual Property Association (ABPI), the Chilean Association of Intellectual Property (ACHIPI), the American Intellectual Property Law Association (AIPLA), and the Mexican Association for the Protection of Intellectual Property (AMPPI). The event will be held in English with simultaneous translation to Portuguese. It will be discussed how the National Patent and Trademark Offices are coping with COVID-19 crisis, through the implementation of measures such as suspensions of deadlines, priority examinations and compulsory licenses. The speakers are Patrick J. Coyne (AIPLA), Luiz Edgard Montaury Pimenta (ABPI), Eryck Castillo Orive (AMPPI), Rodrigo Puchi (ACHIPI), and Juan Berton Moreno (AAAPI). Register here.

On the same day, the webinar Mapping of health innovation clusters in Brazil (in Portuguese) will be streamed on Facebook. The event is organized by the Brazilian National Institute of Industrial Property (INPI Brazil) and the Brazilian Company of Industrial Research and Innovation (EMBRAPII).

On 1 July 2020, the following events are scheduled:

Webinar: Copyright and Internet Memes (in Portuguese), organized by ABPI. Opening speakers: Luiz Edgard Montaury Pimenta (ABPI) and José Graça Aranha (WIPO). Speakers: Rafael Ferraz Vazquez (WIPO), Camila Vidal (Moving Girls), and Fellipe Nunes Leite. Moderator: Valdir Rocha.

Webinar: The international patent system and its challenges on the current international agenda (in Spanish), organized by AAAPI. Speaker: Marco M. Alemán (WIPO). Moderators: Iván Poli (AAAPI) and Matías Noetinger (AAAPI).

Forum: Covid-19, USMCA and the new Law proposal for the protection of industrial innovation (in Spanish), organized by IIJ UNAM. The event will be held from 1 to 3 July. Some speakers: Carlos M. Correa (South Centre), Manuel Becerra Ramírez (IIJ UNAM), Hugo Contreras Lamadrid (INDAUTOR), Carmen Arteaga (UNAM), Ana Alba Betancourt (IIJ UNAM), Rafael Pérez Miranda (UAM), Fabiana Jorge (MFJ International), and Quetzalli de la Concha (Penguin Random House). Live stream on Facebook.

On 2 July 2020, the webinar Searching for patents, organized by the Inter-American Association of Intellectual Property (ASIPI) will take place. The event will cover inter alia patent information databases and other resources. The speakers are Margarita Romero and Alexander Agudelo. Roberto J. Ríos will moderate the session.

A-CAPP Center’s Conference: A Brand’s New World

The Michigan State University’s Center for Anti-Counterfeiting and Product Protection (A-CAPP Center) announced the conference A Brand’s New World: The Future of Challenges in Brand Protection will be held online from 20 to 22 July 2020.

The conference will address brand protection strategies and issues post-pandemic. The speakers include Hernan Albamonte (Philip Morris), Charles Olschanski (Tiffany), Cristina Posa (Amazon), Brian Fogarty (Nike), Lori Mayall (Gilead Sciences), Mike Gannon (3M), Mark Schildkraut (BD), Tara Steketee (Merck & Co.), Kasie Brill (GIPC), and Carolina Giuga (LEGO). Some moderators are Jeff Rojek (A-CAPP), Leah Evert-Burks (A-CAPP), and Kari Kammel (A-CAPP). Register here.

PAST EVENTS

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

22 - 23 June. Conference: Brands in Society: Their Influence and Responsibility, organized by the International Trademark Association (INTA). The conference is available on-demand only for those who registered to attend the event.
24 June. Panel discussion: Law and Technology, in light of the cooperation agreement signed by UNAM and the Internet Association of Mexico (in Spanish), organized by the Legal Research Institute (IIJ) of the National Autonomous University of Mexico (UNAM) and the Internet Association of Mexico (AIMX).
26 June. Webinar: WIPO PROOF: New Horizons in Intellectual Asset Management (in English and Portuguese), organized by WIPO and ABPI.

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

Image: StockSnap on Pixabay.

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.

Non-traditional trademarks and other amendments to the Mexican IP Law (Second Part)

Verónica Rodríguez Arguijo April 27, 2019 No comments:

This post was first published on The IPKat blog:

This Kat summarizes in the second part of the report on the second batch of amendments to the Mexican IP Law, the highlights of the provisions thoroughly modified in relation to trademarks and administrative procedures. Read the first part here.

Trademarks

Let’s dive into the amendments to Mexican IP Law!

Specific products and services. According to article 113 section IV, the specific products or services to be covered by the mark must be indicated in the application form.

Co-existence agreements and letters of consent. The grounds for refusal of a trademark registration established in sections XVIII, XIX and XX of article 90 (which inter alia refer to signs confusingly similar to another in respect of which a pending application has been filed or a trademark registration in force) are not applicable to confusingly similar trademarks when the “… consent is expressed, in writing, in accordance with the Regulations of … [the] Law”.

Non-traditional trademarks and other amendments to the Mexican IP Law (First Part)

Verónica Rodríguez Arguijo April 24, 2019 No comments:

This post was first published on The IPKat blog:

The Mexican Industrial Property Law was significantly modified last year through two batches of amendments. The first batch modified provisions regarding patents, designs, utility models, trademarks and appellations of origin (AOs). Geographical indications (GIs) are also now regulated under the Mexican IP Law and a registry of foreign GIs and AOs lodged the Mexican Institute of Industrial Property (IMPI) will be created. Read this Kat’s review on the first batch here.

Let’s dive into the amendments to Mexican IP Law!

The second batch of amendments to the Law entered into force on 10 August 2018 and thoroughly modified some provisions related to trademarks and administrative procedures.

This Kat summarizes in two posts the second batch of amendments.

Mexican GIs and the registry of foreign GIs and AOs

Verónica Rodríguez Arguijo June 13, 2018 No comments:

This post was first published on The IPKat blog:

Recently, the Mexican Industrial Property Law was significantly amended and on 27 April 2018, the first batch of amendments to the Law entered into force. These amendments modified provisions regarding patents, designs, utility models, trademarks and appellations of origin (AOs). Moreover, for the first time, geographical indications (GIs) are regulated under the Mexican Industrial Property Law and a registry of foreign GIs and AOs lodged the Mexican Institute of Industrial Property will be created.

In this post, this Kat summarizes the amendments that came into force on 27 April 2018, particularly with respect to GIs and AOs. More details about the amendments to the provisions related to industrial designs, patents, and utility models, as previously discussed by Kat friends, can be seen here.

A post by this Kat regarding the second batch of amendments, which will enter into force on 10 August 2018 and were published on 18 May 2018 in the Federal Official Gazette (DOF), will follow!

Heritage Across Borders

Patricia Covarrubia November 14, 2017 No comments:

The above conference has been advertised by the UK Society of Legal Scholars (SLS) as well as other forums.

I would like to further up upon this since I am co-ordinating three sub-sessions in this exciting Conference taking place in China. They are under the session Tangible and Intangible. The invitation is as follow:

Intellectual Property and the Protection of Intangible Cultural Heritage: Emerging Themes and Challenges in Transboundary and Diaspora Contexts
Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage (ICH) and its parallel concepts such as traditional knowledge (TK) and traditional cultural expressions (TCEs) have been increasingly important subjects of debate in several other international forums, such as WIPO, CBD (including its Nagoya Protocol), WHO, and the WTO. As more countries implement the Convention, national policy-makers and communities of practice have been exploring the use of intellectual property (IP) protection to achieve ICH safeguarding outcomes (as well as other political and economic goals). For example, inscription of ways to make food and craft products on the Lists of the Convention is often associated with efforts to register geographical indications to protect use of the names of those products.

The intersection between ICH safeguarding and IP protection raises questions about the nature of ownership or stewardship over ICH, the appropriate nature of any kind of IP protection, and its likely effects. Many of these issues have been discussed in the context of the WIPO Intergovernmental Committee on Genetic Resources, TK and TCEs, but there has been relatively little debate about protecting IP rights in transboundary heritage, especially concerning safeguarding under the UNESCO Convention. Much ICH is shared (and contested) across national borders, and can easily be translated to and practised in new locations, which poses challenges for protecting IP rights, especially in the absence of widely-ratified international agreements.

This session will consider various strategies (legislative or otherwise) to establish and/or protect IP rights over ICH in transboundary and diaspora contexts, and how they might affect efforts to maintain practice and transmission (safeguarding) of that ICH. Session papers may present case studies of IP protection regarding transboundary ICH, and/or the role of measures such as provisions for mutual recognition and national treatment, IP chapters in international, regional or bilateral trade agreements, contractual agreements under the Nagoya Protocol, and ethical guidelines and dispute resolution mechanisms. Papers may include references to all forms of intellectual property, including patents, copyright, design rights, trademarks (certification marks and collective marks), geographical indications, and sui generis rights.

The session will involve a triple session (two speaker sessions and one panel session). The speaker’s session will consist of 4 people each, and the panel session (single session) will consist of 8 speakers with a special focus on food heritage and IP protection.

Deadline for submissions: Thursday 30 November 2017

Let me know if you need more information. You can communicate to me informally about any project you feel will be suitable to the conference (or anything else – IP related of course :0).

More information here.

Colombian Constitutional Court mandates Google to eliminate a blog from its platform Blogger

Rodrigo Ramirez Herrera @ramahr October 21, 2017 No comments:

On 2016, John William Fierro Caicedo, the owner of the company ‘Muebles Caquetá’ (Caquetá Furniture), instituted an action of ‘tutela’ against Google Inc. and the Ministry of Information Technology and Communications of Colombia (MinTIC) for the alleged violation of his rights to intimacy, good name, and dignity (Articles 15 and 21, Political Constitution of Colombia).

This request was made because a person using the Blogger platform (owned by Google Inc.) anonymously created a blog named ‘No compren en Muebles Caquetá! Estafadores!’ (Do not buy at Caquetá Furniture! Scammers!). This blog contains some slanderous affirmations, such as: ‘Furniture Caquetá, directed by the fraudster William Fierro, is dedicated to defrauding people by various means. They ask for an advance or the full payment first, and after it is received, they will disappear with your money.’ (Muebles Caquetá la cual dirige el estafador William Fierro, se dedican a estafar a la gente por diversos medios. Piden primero un adelanto o el dinero completo y después de que se lo entregas desaparecen con tu dinero).

John William Fierro Caicedo not only denies such accusations, but also affirms that the content of this blog has brought problems to his family and his business.

In response to the action of ‘tutela’, the MinTIC argued that according to Law 1341 of 2009 and Decree 2618 of 2012 it is not the national authority responsible for the surveillance and control of the companies publishing contents on the web, and requested its dissociation from the legal process.

For its part, Google Inc. affirmed that ‘although the company owns the tool www.blogger.com, it is not responsible for the information and content written and shared by users on the aforementioned digital platform, and that Google, for its part, only acts as a tool processor and as such, imposes policies on users, but does not manage, control, or produce contents’ (si bien la compañía es propietaria de la herramienta www.blogger.com, no es responsable por la información ni los contenidos redactados y compartidos por los usuarios en la mencionada plataforma digital, y que por su parte, Google solo actúa como procesador de la herramienta y como tal, impone políticas a los usuarios, más no maneja, controla, ni produce contenidos).

On August 2016, the Civil Municipal Court 21 of Bogotá handed down a ruling denying the constitutional protection requested by John William Fierro Caicedo, and disconnected the MinTIC from the process. In addition, it affirmed that neither Google Inc. nor Google Colombia Ltda. are responsible for the infringement of the human rights of the petitioner because it is not their obligation the ‘rectification, correction, elimination or complement of the information upload by users’ because they only act as tool processors.

Finally, this case was analysed by the Constitutional Court that, in Ruling T-063A/17 of this year, decided to revoke the decision of the Civil Municipal Court. As the allegations made on the blog against Muebles Caquetá and its owner were not proven, the Court considered them in violation of the rights to good name and dignity of the petitioner. Consequently, it was ordered that: (i) Google Inc. and Google Colombia Ltda. have to eliminate the blog http://muebles-caqueta.blogspot.com.co; and, (ii) the MinTIC have to establish a national law for the protection of the rights of users on the web, particularly those concerning abusive, defamatory, dishonourable, slanderous and injurious posts that undermine the right of dignity.

It is worth highlighting that although the Court acknowledged that under the US legislation Google Inc. might have not responsibility for the contents published using their processors, it mandates that both Google Inc. and Google Colombia Ltda. in carrying on their activities in Colombia have to respect the rights of users and consumers in the country.

Post written by Florelia Vallejo Trujillo

Promoting the IP system in Brazil

Patricia Covarrubia September 29, 2017 No comments:

The INPI has had a busy couple of weeks. This week INPI’s president participated in a meeting with representatives of the Intellectual Property Office of the European Union (EUIPO). The aim is to bring a partnership between INPI and EUIPO, through the ‘IP Key Latin America’ which promotes the IP system in Brazil.

The IP Key Latin America has been carried by EUIPO as a European Union (EU) body. The project aims “to stimulate the improvement of IP systems in countries outside the EU.” Mainly it promotes “the exchange of good practice of examination and management, the development of Information Technology tools and participation in global protection systems. The scope of the project can include actions such as the preparation of studies, the organisation of seminars and training events, missions of experts, among other activities.”

Covering issues of cooperation Brazil has also seen in the last couple of weeks two other teamwork/co-operation. The 14th September INPIs’ presidents from Brazil and Argentina, signed a memorandum of understanding, to increase cooperation between the two countries in Industrial Property. In the same line and aiming the same as the IP Key Latin America, this cooperation also promotes “manuals and guidelines for trade marks and industrial designs” It extends to cover “priority projects in the examination of patents; exchange of experiences; bilateral collaboration in the analysis of patent applications; and promoting the use of the IP system in both countries.” INPIs’ presidents also discussed international IP negotiations in Mercosur, the Cooperation System on Operational and Industrial Property Aspects (Prosur), the Ibero-American Industrial Property Program (IBEPI), the Organization World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO).

In September also the INPI received a visit from the Danish Patent and Trademark Office (DKPTO) to discuss potential partnerships. The Danish learned about the INPI systems such as the priority examination projects, the digitalization of trade mark documents, among other topics.

Finally INPI announces the World Intellectual Property Organization (WIPO)’s new office in Brazil, located in Rio de Janeiro.

The Pope's visit to Colombia: an IP matter

Patricia Covarrubia September 15, 2017 No comments:

Early September Colombia received a very special and anticipated visit.
As Pope Francis prepared to visit Colombia for a six-day Apostolic Journey, there were some challenges before the arrival of the leader of the Roman Catholic Church. One of the main issues as expected was security. The visit was taken and aimed to “dream about the possibility of transforming [Colombia] and taking the first step.” Colombia is said to be a war-torn country (with more than 50 years of armed conflict) and the visit promoted the themes of peace and reconciliation.

Official Logo and slogan - 'Demos el primer paso'
According to the Vatican Radio ‘The logo of the Journey contains the motto of the Pope’s Apostolic Journey: “Let’s take the first step”’. Such sign was especially created for the visit of Pope Francis to Colombia.

http://www.sic.gov.co

Before the Pope’s arrival an application for registration of the mixed sign ‘demos el primer paso’ was presented by the Episcopal Conference of Colombia at the Superintendence de Industrial y Comercio (SIC). The Episcopal Conference of Colombia is a collegiate body constituted by the bishops of the country, and are the legal representatives of Pope Francis in Colombia.

During the registration process there were no oppositions and the examiner not finding any grounds of irregularity established by the Decision 486 of the Andean Community granted the mark on 23 August 2017 (Resolution 50963/2017).

The newspaper El Mundo acknowledges that the image of celebrities and famous people is common in Colombia since SIC allows the registration of names of ‘personas’ to avoid their use by third parties who may take advantage of their reputation and goodwill. The newspaper gave the example of the registration of ‘Father Rafael García Herreros’, a priest who founded the religious institution Minuto de Dios Corporation, which acted successfully in the registration of the father’s name. SIC refers to cases where the registration of a name has helped to opposed to applications such as the cases of 'Parque Juan Pablo II' and 'Velas y Velones Juan Pablo II'. The signs were denied registraiton under Art 136 of Decision 486.

Free Webinar: Protecting your Brand Abroad: Understanding the IP Landscape of Latin America

Rodrigo Ramirez Herrera @ramahr July 18, 2017 No comments:

Webinar: Protecting your Brand Abroad: Understanding the IP Landscape of Latin America

Speaker: Patrica Covarrubia

Date: Thursday, July 20, 2017

Time: 15.00h (Brussels time)

Location: Online

Admission: Free (registration required here)

Language: English

Eligibility: Small and Medium-sized enterprises (Less than 250 employees) or SME intermediary associations from the European Union only

This webinar aims to give an overview to the European SMEs on how they can best protect their brand on Latin-American markets. The speaker will provide practical information on how to register, protect and enforce trade mark rights in Brazil, Colombia or Mexico, among other regions and how to effectively protect the logo of the company or the product.

SMEs will also be provided expert tips and watch-outs to bear in mind before, during and after entering the markets in those territories.

Moreover, any queries that the EU companies might have, shall be answered by the experts during the training session.

During the webinar you can expect:

- Detailed overview of trade mark registration, protection, and enforcement in Latin America

- Overview of various possibilities of protecting the logo of the company or the brand

- How to benefit from the Madrid System

- Various case studies involving EU SMEs experiencing and overcoming issues with brand protection in Latin America.

About the Speaker: Ms. Patricia Covarrubia Patricia Covarrubia is a Venezuelan qualified lawyer, an academic, author, and commentator in Intellectual Property Law. She is Lecturer in Law at the University of Buckingham, UK. She has an LLM in European Law from Southampton, UK and a PhD from Brunel, UK. From 1993 to 1999 she worked as a lawyer in Venezuela.

Dr. Covarrubia is manager and blogger in IP Tango (Intellectual Property weblog – Latin America). Her ongoing research interests and written publications include geographical indications and indications of origin, compulsory licenses in the pharmaceutical industry, genetic resources, trade marks, free trade agreements, and the protection of traditional knowledge.

Latin America IPR SME Helpdesks is a European Union co-funded project that provides European SMEs with free, practical, business advice relating to IPR in Latin America.

Source: Latin America IPR SME Helpdesk

Panama got some news for us: pushing to the top!

Patricia Covarrubia November 21, 2016 No comments:

This month I received some fresh news from Panama. This is quite unusual for this blog – just by doing a little search in our database this fact is revealed. Is something happening in Panama? YES!

Mr Álvaro Atilano, CAF Ejecutivo Principal/Coordinador put me in the right direction. He noted the Patent Regional Initiative that is taking place in Latin America which is part of CAF (Development Bank of Latin America). The initiative appears to start having an impact on the patent industry in the region. It is believed that in a couple of years’ time, the project and the region will be much discussed in IP circles worldwide, and surely will be an example to follow in non-industrialized countries.

CAF provides with services in the form of loans, co-financing, credit lines, financial assistance services, and technical assistance to name a few. Due to the low performance of the region in the development of own innovative technologies, CAF decided (back in 2011) to establish a regional program– the aim? to reverse this trend. In order to proceed, CAF identified and prioritized certain factors/indicators which would be suitable for establishing and measuring the impact of this program. The factors identified were: International patent applications (PCT); Patents granted in important markets; Royalties arising from the licensing of IP; and High technology exports. A comparative analysis was done with other regions such as Asia, North America and Europe.

The objectives of this project are: “Contribute to increase in the short term the volume of patents generated in the region via international patents (USPTO, EPO and PCT); Support governments and others in defining strategies for patentable technological innovation; Establish technology patent accelerators in the region; Raise royalties and high technology exports from the region in the medium to long term.”

CAF looks at key issues such as: “Developing patentable technology solutions to global problems and challenges identified from now on; Patents granted to have a minimum coverage of 1 billion people; Drafts of patent applications should be written by the inventor/researcher which will low costs; Prior to initiating any patenting process, market studies and technological prospecting should be carried out”.

One of the countries selected for this initiative has been Panama and Mr Atilano has sent to the iptango blog a presentation on the impact that it is having in the country. CAF selected the Technological University of Panama (UTP) as a pilot. The plan is to make the UTP “the first Ibero-American University to be among the top 50 universities in the world in applications via PCT”. In fact according to the data UTP had introduced between September and October 2016 fifty-two applications via the PCT.

Because of this result, CAF is considering to extent same strategy to several Panamanian universities and companies. It is going to do so during a period of 12 months.

Thanks Albaro for making us aware of this project that looks promising not only for Panama but hopefully for more Latin American and Caribbean countries.

Economic growth of a country: technology transfer

Patricia Covarrubia October 27, 2016 No comments:

From Stephany Soto, Clarke Modet & Co we hear of a Plan for Technology Transfer (TT)in Peru. The plan is taken effect from 2016 to 2021 and the aim is to promote technological development in the country. This plan is to contribute to the existing one called ‘National Plan for Science, Technology and Innovation for Competitiveness and Human Development (PNCTI 2006-2021)’.

Webinar available at Latin America IPR SME Helpdesk

Technology progress is linked to the economic growth and high income in countries and this plan involves both the private and economic sector. Universities will play a crucial role since they encompass ‘Research’. Research usually leads to development of new products and processes which are followed by commercialisation - providing economic returns. Miss Soto says “The plan was created with the aim of promoting the development and transfer of technological innovations in companies raising the competitiveness and productivity, added value with criterion of economic and environmental sustainability”.

In this line, the State intention is to organise “technology meetings, technology fairs and other events to create networking among entrepreneurs and researchers in order to make easier the interaction and promote collaborative projects.” This will hand in hand with imparting training in intellectual property (IP).

Why IP should matter for TT?
Technology is valuable, provoking copies or imitations. If technology is copied and/or imitated it reduces the possible profits of the inventor: and who would like to invent without rewards where time and money have been spent and you will not have recognition?

What IP does it’s to encourage innovation by (the government) granting successful inventors a temporal monopoly over the invention.

In Peru if companies have a TT agreement/contract, such license must be in writing and registered before the INDECOPI to be enforceable before 3rd parties. And it is good to know that Peru is member of the PCT.

In closing I would like to see more policies in TT and of course giving incentive to this matter. For example in Costa Rica there is a Law (No. 20.241) on R&D which provides incentives: 35 % tax credit on the amount invested in R&D, when duly certified by the National Production Development Corporation; remaining 65 % can be considered as ‘expenses’.

A Presidential candidate that finished in a copyright infringement battle - welcome to Peru

Patricia Covarrubia September 16, 2016 No comments:

Back in February 2016 the blog reported about a suspected plagiarism case (s) blaming Mr César Acuña Peralta who was running at the time for the Peruvian Presidency.

Mr Acuña was accused of copying his doctoral thesis (submitted at the Universidad Complutense, Madrid, in 2009) as well as his master’s thesis (submitted at the Universidad de los Andes, Colombia) and a whole book (authored in fact by Peruvian Professor Otoniel Oyarce Alvarado). As these accusations were so strong the Peruvian National Institute for the Defence of Competition and Protection of Intellectual Property (Indecopi) decided to investigate the accusations (Organization and Functions Act and Decree Legislative 822 gives INDECOPI the powers to investigate acts affecting copyright and related rights within the country).

Last week INDECOPI finally came to a conclusion sanctioning Mr. César Acuña Peralta and the Universidad César Vallejo (UCV) for copyright infringement in relation to the authorship of the book “Política Educativa – concepto, reflexiones y propuestas”. INDECOPI also sanctioned Mr César Acuña Peralta for his the doctoral thesis “Competencia Docente y Rendimiento Académico del Estudiante de la Universidad Privada en el Perú”.

In the procedure, INDECOPI’s Copyright Commission concluded that:
• Mr Acuña Peralta infringed the moral right of paternity: claiming to be co-author of the book although the only author is Otoniel Alvarado Oyarce.
• The UCV infringed the moral right of paternity since it published the book, attributing sole authorship to Mr César Acuña; and so giving authorship to the book to a third party other than its creator.
• The UCV made another publication which although correctly attributed authorship to Otoniel Oyarce Alvarado, on the credits page of that book the copyright sign ( © ) was added next to Mr Acuña Peralta name, who is also mentioned as an author in the preface. By this the publisher granted authorship to the book to a third party other than its creator.
• In these two published books the Commission noted that the moral right of integrity of the author was also infringed since at least one paragraph of that work was mutilated.
• The patrimonial right of distribution was also infringed since both publications are kept and loaned at the Resource Center for Learning and Research of the UCV. The INDECOPI has ordered to withdraw from circulation such copies.
• In the proceedings against the UCV INDECOPI also found that there was infringement of the moral right of paternity of the author of the prologue of such books. The prologue was written by the priest Otoniel Ricardo Morales Basadre for Oyarce Alvarado. Both publications were altered and so, changing the name for the person for whom he wrote the foreword.

• As the prologue of the infringing copies were distributed for loan in the Resource Center for Learning and Research of the UCV, the Commission determined that the patrimonial right of distribution was infringed.
In regards to the doctoral thesis the Copyright Commission sanctioned with fines to Mr Acuña Peralta due to reproducing fragments of works of others without acknowledging the authorship of them; therefore the Commission concluded that Mr Acuña Peralta infringed the moral right of paternity of those authors.

INDECOPI notes that this “decision may be appealed to the Special Branch Intellectual Property of INDECOPI, which is the second and final administrative authority” of the INDECOPI.