IPTango

Thursday, 26 November 2009

México: Es la piratería más rentable que el narcotráfico?

Gilberto Macias (@gmaciasb) November 26, 2009 No comments:

Según los cálculos de la American Chamber la respuesta no es solo afirmativa, sino qué, la piratería dobla prácticamente los ingresos del narcotráfico.

Difícil de creer, si, pero un claro reflejo de la realidad. Según la encuesta un 76 de cada 100 mexicanos compran mercancía pirata.

El impacto de las ventas de productos apócrifos causan en la industria se estimó en unos 74 mil 699 millones de dólares, cantidad que representa un 9% del Producto Interno Bruto, según la tercera “Encuesta de Hábitos de Consumo de Productos Pirata y Falsificados en México” que dio a conocer la cámara.

De acuerdo a los cálculos de la American Chamber, la piratería superó los principales rubros de ingreso nacionales, tales como el narcotráfico (40 mil millones de dólares), el petróleo (casi 25 mil millones), las remesas (21 mil millones de dólares) o el turismo (11 mil millones de dólares).

En porcentaje de compra los DVD y CD ocupan la primera posición con 94%; ropa con 14%; calzado con 13% y software 10%, entre otros productos. Mientras que, los encuestados por general expresaron su resistencia a adquirir medicinas, cigarros, alcohol y alimentos piratas.

You may ask: why is Venezuela in the Priority Watch List?

Patricia Covarrubia November 26, 2009 No comments:

Following yesterday’s news, Ricardo Antequera Parilli of Estudio Antequera Parilli & Rodriguez, has written to the blog with the following points:

“a) Despite of the Declaration of the Minister of Commerce by which it was informed that two Bayer patents, related to moxifloxacin were annulled, the fact is that the annulment procedures have been recently opened on November 23, 2009 through the resolutions issued by the same Minister;

b) In his resolution the Minister of Commerce notified Bayer that some irregularities had been found in the patent files Nos. A54057 and A58097. Hence, Bayer has to submit their defenses within the 15 working days. This time frame ends on December 14, 2009;

Regarding patent No. A54057, the Minister stated that they found that it was granted ignoring the corresponding procedure, among other facts. According to the Minister, even though the patent was examined and granted back in 1995 when Andean Community Decision 344 was supposedly to be in force (it allowed pharmaceutical patents), the application was filed in 1992 under the Industrial Property Act of 1956 which does prohibit pharma related patents;

As for the patent No. A58097, that claimed Convention Priority from DE 19546249.1, the Minister also stated that they found that it had been granted ignoring the corresponding procedure, since the claimed molecule lacks of novelty and non-obviousness.

According to the Venezuelan Administrative Procedures Act, decisions may be annulled when issued under absolute ignorance of the corresponding procedure, and hence, they can be reviewed ex officio. However, we can not find an absolute oversight of the procedure in the cases of patents A54057 and A58097, as informed by the Minister.

Also, it seems that the Minister is applying the Andean Community Decisions on a convenient form when he said that patent A54057 had to be examined under the law in force at the time the application was filed. However, recently the Venezuelan Patent Office started rejecting patent applications filed under Andean Decision 486, but which were examined in 2009 under the reinstated Industrial Property Act of 1956 which prohibits patents over pharmaceutical products.

Moreover, it seems very strange how this particular case is being prosecuted, since the Venezuelan PTO has nullity actions pending decision since 2000.”

There is not wonder why Venezuela remains in the Priority Watch list in 2009.

Venezuela Annuled Two Bayer's Pharmaceutical Patents

Patricia Covarrubia November 25, 2009 No comments:

The country’s Minister of Trade, Eduardo Saman, declared that the Government invalidated two registered pharmaceutical patents for the antibiotic moxiflocaxin produced by multinational Bayer.

The move comes after Bayer initiated civil lawsuits against two national companies that were producing generic copies of moxiflocaxin. The accused infringers alerted the Minister of Trade and the Servicio Autónomo de la Propiedad Intelectual (SAPI). Proceedings started challenging the validity of the patents.

The SAPI’s director Arlen Piñate declared that the requirements were not fulfilled. The requirements for granting a patent in Venezuela are 3: the invention must be new, no obvious and industrially applicable. Piñate said that the forms did not contain the reason why they were granted. She continues explaining that the first patent was registered in 1992. To this effect, she said that at the time, the Industrial Property Law 1956 excluded pharmaceutical patents. The second patent was granted in 1996 when the law was amended as to allow this type of patents. However, Piñate mentioned that the requirement of novelty failed because of the first patent (there was prior publication).

Criticism
Sadly, the Venezuelan view is political rather than explaining legal grounds. The declaration made by the Director appears to be focus on a socialist campaign (see SAPI’s declaration here – in Spanish). She starts by saying that ‘Bayer is putting into risk public health’. The thought that cross my mind was ‘side effects’ but I was wrong. Most of her statement is based on the dislike of transnational companies: they prevent generic alternatives, high prices for medications, and so on. However the blog is not about politics, therefore I need to proceed with IP.
Two points I have:
1.- Bayer’s first registration nullity; Bayer’s original registration fulfilled all requirements and was granted. Unfortunately, it does not have any legal ground because of the fact that pharmaceutical medicines could not be obtained under the said legislation. How this happens?
2.-Bayer’s second registration; novelty, clearly the invention was known and used in the country; there was also a printed publication (the one in the register). Therefore, there was, we can say, a prior publication. However, should not be a defence that relates to the malfunction of the system (in this case, the Patent Office). I am afraid I do not know any case, so please free to post any comments and ideas.

On a final note, ‘moxiflocaxin’ is not listed as an essential medicine by World Health Organisation (WHO), so I question, why is Bayer risking public health?

WHO model list of essential medicines here.

XIX Ibero-American Summit: ‘Innovation and Knowledge’

Patricia Covarrubia November 25, 2009 No comments:

The Ibero-American Heads of State and Governments are meeting for two days (30 November and 01 December) in Estoril, Portugal. The twenty two members are looking to promote, as the theme suggest, innovation and knowledge (see press release here)

Ibero-American Secretary General Enrique Iglesias, said that this forthcoming meeting looks better than previous years (in an informal note, perhaps he was referring to the XVII forum when the King of Spain demanded to the Venezuelan President to 'shut up'). Going back to the point, according to him, there is a healthier economic environment. He also adds that Latin America as well as any country in general, have learned to better manage economic affairs and are innovating in business structure and social policies.

Iglesias said that ‘innovation’ is very low in both Latin America and Spain and Portugal, but yet, they are ‘things that contribute’ (did not say what and how – I wonder if there is a hidden agenda). Anyway, he continues to explain that they are not starting from scratch and thus mentioned the Brazilian oil industry, biotechnology, the Ibero-American Science and Technology Education Consortium (ISTEC)and the Economic Commission for Latin American and the Caribbean (ECLAC).

Finally, Iglesias hopes that during the Spanish presidency of the Council of the EU (Jan-Jun 2010) the EU will sign association agreements with Central America, the Andean Community and Mercosur.

Point of concern
At the moment, innovation is the key to raise competitiveness for Latin America. However, it is understood that these countries have a very low level of innovation but are rich in biodiversity, so that what to do and what is the cost? Recently, I have been observing the negotiation agreements between the EU and countries such as Chile, Peru, Colombia and Ecuador and there is always a crucial point where talks appear to be on hold, that is, intellectual property (apart of course from the sensitive issue of the banana market).

Looking at the intellectual property clauses and table of negotiations, I sense that Latin American countries not only would like to protect but use their biodiversity themselves. Nonetheless, note that countries cannot give and get nothing in return - negotiations are focus in reciprocity. That said, Latin America countries are getting better quotas for products, which are not bad, but my concern is that they are not getting what is needed in this area.

I would finally say that negotiations in this issue should be considered if others make significant attractive offers in the innovation sector rather than a mere economical advantage.

Barrichello gana a Google.

Gilberto Macias (@gmaciasb) November 24, 2009 No comments:

Obviamente no se trata de una carrera de la F1, si no de un pleito iniciado por el piloto brasileño Rubens Barrichello en contra del buscador por lesiones a su honor, en concreto se trata de la existencia de más de 300 perfiles falsos en la red social de Google: Orkut

El piloto había avisado a Google desde julio de 2006 julio de 2006 que retirara esos perfiles, pero no obtuvo ninguna respuesta. Como no recibió respuesta alguna, Barrichello denunció el caso, tras lo cual, un tribunal de Sao Paulo le dio la razón.

Google ha sido condenado a pagar cerca de $700.000 USD en concepto de indemnización y además deberá además retirar los perfiles falsos y los comentarios ofensivos sobre Barrichello, y en caso de no poder hacerlo sufrirá una multa diaria de 590 dólares por día hasta la retirada de los perfiles

Si bien la sentencia condena a Google, seguramente la misma originará que el buscador busque la forma de controlar los contenidos de terceros…

La sentencia es de primera instancia y seguramente será recurrida por Google.

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

Patricia Covarrubia November 23, 2009 3 comments:

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

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

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

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

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

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

Brazil Signs Agreement with England and Seeks Knowledge for the 2016 Olympic Games: Will the Existing Technology Transfer Framework Permit it?

José Carlos Vaz e Dias November 22, 2009 No comments:

The visit of the Brazilian President Luis Ignacio Lula da Silva to Mr. Gordon Brown on November 4, 2009 at 10 Downing Street had the clear purpose of securing assistance and technology transfer for the organization of the 2016 Olympic Games in Rio de Janeiro.

Besides meeting the British Olympics Minister Tessa Jowell, a Cooperation Agreement was signed on the same day. This Agreement will allow the Brazilian Organizing Committee for the 2016 Olympic Games to have access to the experience and knowledge gathered by the British Olympic Organizers for 2012. The Brazilians are keen to learn about the impact of the Games to the environment and to the population. Therefore, the document aims to make possible the exchange of information between the countries and continuous visiting programs.

Further to that, the Brazilian government is very much interested in the effects and results of the British Act 1995 (OSPA) that protects the Olympic and Paralympic symbols, mottos and various works and the London Olympic Games and Paralympic Games Act 2006, as they have been recognized by the British government as indispensable instruments for funding the games.

The way ambush marketing will be dealt with in practical terms by the British is also a matter of great interest to the Brazilians, as the practice of false representation or any association, affiliation or similar relationship with the sports event has not been previously known locally.

Many people wonder whether this Cooperation Agreement and further conveyance of knowledge from British companies will really work out due to the existing technology transfer framework in Brazil. Limitations on foreign exchange controls, taxations, government approvals and difficulties in obtaining working visa permits still persist and are yet to be phased out due to the opening of the economy in the last 20 years and the good momentum Brazil lives.

Believe or not, such rules were implemented back in 1975 when Brazil was thriving for deeper industrialization and lived under a dictatorial government.

It seems nevertheless that technology transfer limitations will not apply to the organization of the 2016 Olympics, at least this is thought of IP scholars as Articles 2 and 3 of the Brazilian Olympic Act provide special treatment for foreign professionals coming to Brazil for the organization, planning and implementation of the Games.

Maybe the 2016 Olympic Games is a good opportunity for the Brazilian government to get rid of such outdated legislation to technology transfer. Who knows? This may be a clear skeptical answer to those who know that the main characteristic of the Brazilian government is the persisting life of the old despite the prevailing new ideas in economy and politics.

Fuentes de información sobre derechos de autor: CECOLDA y CERLALC

Aurelio Lopez-Tarruella Martinez November 22, 2009 1 comment:

Gracias a Ricardo Antequera he tenido conocimiento del Centro Colombiano del Derecho de Autor (CECOLDA), asociación de más de 18 años de existencia. Su web site proporciona abundantes noticias (a través del Boletin informativo mensual), publicaciones (gracias a la revista electrónica El Derecho de autor, accesible gratuitamente), normativa y jurisprudencia (preferentemente de Colombia).

Junto con este importante recurso de información en Internet, también quiero aprovechar para recordar la gran labor que se realiza en CERLALC (Centro Regional para el fomento del Libro en América Latina, el Caribe, España y Portugal) y su sitio web Derecho de autor en linea, con gran número de decisiones de países europeos y americanos, gran cantidad de leyes y reglamentos, una escuela en linea sobre derechos de autor, y un servicio de asesoramiento virtual.

Ecuador’s Communication Law to repress the media

Patricia Covarrubia November 19, 2009 No comments:

Last Monday the National Assembly of Ecuador debated the ‘Communication Law’ which regulates the media in the country (click here for article). More than 60% of the law was approved and now waits to be discussed and passed by the legislative. The Law seeks to control the content of the media and its activities. It imposes for example that all radio, TV stations, newspaper and among others, need to register its data and ethic code before a Communication Institute which will be created for that effect. The Institute will be in charge of monitoring the media.

Press freedom appears to be the latest tendency of several Latin America countries. For instance, the Audiovisual Services Law, in Argentina and the proposed Media Law in El Salvador. I cannot leave outside Venezuela where the government has closed 34 radio stations and one TV station by applying the Law of Social Responsibility in Radio and Television.

The Inter American Press Association (IAPA)has also mentioned the situation in Cuba. It referred to the controlling and censoring of Internet. Last month for example, Yoani Sanchez, a Cuban blogger who criticises the government, was not allowed to go to New York to receive a prize awarded by the University of Columbia for her journalism (see press release here) - Oh! I better behave or my president will not allow me to go and visit my family.

Without a doubt, the most serious concern is the human rights, namely, freedom of expression. However, what is interest to blog is that this affects enormously the industry of copyright and it will indeed weaken it. Clearly, there is a conflict between copyright and freedom of expression because authors are stop from expressing information in the form of the literary work which is protected by copyright. This is already happening in Venezuela. This week the country celebrates a ‘Book Fair’, where the Bolivian writer Verónica Ormachea Gutiérrez was not allow to present her book due to its content. She writes in her book about the idealism of Evo Morales ( Bolivia's president) and Hugo Chávez (Venezuelan's president) and consider them as being dictators (press release here).

Click here for the full report (by the IAPA) regarding press freedom here.

Perú aprueba la Apostilla de La Haya

Gilberto Macias (@gmaciasb) November 19, 2009 1 comment:

En su sesión del 5 de noviembre 2009, el Pleno del Congreso de la República aprobó por 66 votos a favor y ningún voto en contra u abstenciones, la Resolución Legislativa No. 3426 que aprueba el convenio "Suprimiendo la Exigencia de Legalización de los Documentos Públicos Extranjeros" adoptado el 5 de octubre de 1961 en la ciudad de La Haya, Reino de los Países Bajos.

Con la Apostilla de La Haya, que es un sello especial que se estampa sobre un documento para certificar la autenticidad de una firma, se suprime el requisito de legalización diplomática y consular de los documentos públicos que se originen en un país miembro del convenio y que se pretendan utilizar en otro.