IPTango

Thursday, 13 May 2010

Colombia: Parallel import of Pharmaceuticals

Patricia Covarrubia May 13, 2010 1 comment:

There are certain rules that permit parallel import but this depends on the importing nation’s treatment of exhaustion of IPRs. Colombia seems to prevent parallel imports of pharmaceutical unless they are listed in the ‘Compulsory Health Plan’. However, later news from Colombia informs us that it appears that it will be possible to allow the importation of medicines without permission from the manufacturers which are not in the Compulsory Health Plan. The Colombia’s Government announces that this measure is to get them at lower prices.

The newspaper El Tiempo informs that this measure has started to show results since Products Roche SA (subsidiary of Roche Holding Ltd) has offered to reduce the prices of nine of its medicines. To this effect, the Ministry excluded these drugs from the list of subject of parallel imports, but left the door open to come to this facility if the prices increase again.

There is also another solution to high prices – compulsory licenses. However, I speculate that parallel imports are a good arrangement since Colombia is getting what its needed – to lower the price of pharmaceuticals.

Brazil Takes the EU to the WTO Settlement Dispute: Generic Drugs on the Agenda

José Carlos Vaz e Dias May 13, 2010 No comments:

It has been reported that yesterday Brazil and India have launched separate formal complaints at the WTO against the EU’s policy towards seizure of generic drugs manufactured in India.

One may wonder: What has Brazil to do with this matter? Isn’t it India that manufactures the generic drugs and exports them everywhere? Have not been the Indian pharma companies who suffered in the last two years with more than 18 seizures in the EU ports? The answer to all these questions is: Yes! Nevertheless, the Brazilian market has been the final destination to a great quantity of generic drugs coming from India.

The conflicts involving Brazil started back in November/December 2009 when a shipment of 500 kilos of the generic drug Losartan® was seized at the Rotterdam port. The cargo left India with Brazil as its final destination, but had a stop over at the Rotterdam Port. Soon after the Dutch customs authorities realized that the generic drugs manufactured in India had existing valid patents for Losartan® in the EU, they informed the company that holds the patents for that drug - Merck Sharp & Dohme - which quickly obtained an injunction to restrain the importation transit procedure.

The cargo was after released and sent back to India, not to Brazil. The Brazilian government did not like it and argued that Merck did not hold patents for the Losartan® either in Brazil or India. India has also informed that such shipment and others did not violate the TRIPS Agreement. On the other hand, the EU authorities highlighted their fight against piracy and illegal drugs.

At first, the involved parties will initiate Consultation proceedings at the WTO, so as to reach an amicable solution. If an amicable settlement is not reached, official WTO judges will examine the case and render a final decision. In the meantime, countries such as Peru, Nigeria and Colombia are patiently waiting the outcome of this dispute, since they are also regular importers of Indian generic drugs. Indian companies, at their end, have decided to move away from EU ports and may use the Panama Canal instead. As to Brazil, importation will continue since the government’s view is that they are not breaking any rules.

Further developments on this matter are, indeed, worth being watched.

Colombia: Court dismisses lawsuit against Garcia Marquez and his brother

Patricia Covarrubia May 12, 2010 No comments:

The Ninth Circuit Civil Court in Barranquilla (Colombia) has dismissed a lawsuit filed sixteen (16) years ago against Gabriel García Márquez and his deceased brother Eligio Garcia, by a person who inspired two of their books.

The lawsuit was filed in 1994 by Miguel Reyes Palencia, born in the department of Sucre, and whose story inspired the book 'Chronicle of a Death Foretold' by Gabriel García Márquez and 'The third death of Santiago Nasar' by Eligio García. Miguel Reyes Palencia, claims to be "Bayardo San Román" in the two stories. Therefore, according to the lawsuit, he demanded to be paid 50 percent of the benefits of the books and films to compensate moral damage caused by the reported incident.

Reyes Palencia inspired the story of Bayardo San Roman, a fictional character who marries a young woman. The story was inspired by an actual event which happened on January 21, 1951, when, in their nuptial bed, Bayardo San Román (Reyes), discovers that his wife (Angela in the book) was not a virgin and the next day returned her to her parents. Angela's brothers stabbed 'Santiago Nasar' to avenge the loss of their sister’s honour.

In his opinion the judge found that while the story is based on real events it is a literal production “which involves a number of legendary figures." She also adds that the “honour of the applicant has not been affected by the writers for the publication of the novels...because the incident was widely known for 30 years or so ". Moreover, the applicant cannot access to the profit sharing of the works because he was neither the author nor the co-author of them.

According to the story, Angela's brothers' lawyer saw the act as “homicide in legitimate defense of honor,” which was upheld by the court. Perhaps, Mr Reyes was expecting the same luck.

In 1982 García Márquez, famous for his book 'One Hundred Years of Solitude', won a Nobel Prize for Literature.

How much exactly is worth in economic terms, copyright business in Peru?

Patricia Covarrubia May 11, 2010 No comments:

There is always the statement that IPRs has an enormous value to the national economy. To this effect theWorld Intellectual Property Organization (WIPO) and the National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI) has decided to measure the value that comes from the protection of copyright in Peru. The study, entitled "Economic Contribution of the industries based on copyright in Peru," and run by the Pontificia Universidad Catolica del Peru, shows that the industries based on copyright do represent an important contribution to the national economy – well not rocket science.

However, what I like about the study is the fact that it gives numbers. According to the document, by 2005 the contribution of the copyright industry accounted for 2.67% of the national total. The study compares this industry with other such as the financial sector (accounted 2.56%), the economy of rental housing (2.98%), finance (2.56%), electricity and water (2.25%), communications (2.0%) upon others.

Adding to this, the study also shows that the copyright industry contribution of employment was 4.5% (nearly 600.000 jobs). Imports also contributed on the economy: it reached U.S. $ 652 billion in 2005, i.e. 5.4% of total imports of the country.

Certainly, this type of studies stimulates citizens so as to receive the benefits of the system – not only economic ones but also cultural and social.

There is no doubt that copyright represents an improvement in the national economy. The only thing that I question is that we are in 2010, so why the data from 2005? While it is good to see that data reveals the importance of copyright and its protection, I would like to see the contribution of this sector in recent years; or is it that is has decreased?

It is good to clarify that by copyright industry, the study included press and literature, music, film, radio and television, as well as software and advertising.

Brazil World Cup and Olympics

Patricia Covarrubia May 10, 2010 No comments:

Last week, the Comptroller General of the Union (CGU) in Brazil launched two websites for the disclosure of expenditures and contracts relating to: first the 2014 World Cup and second, the Olympics in 2016.

It is reported that the tools “will allow the citizens a more effective control of spending the public resources invested”. This is so, according to the source, because through the websites all bids, contracts and projects will be available. Thus, any citizen who identifies any irregularity in the proceedings may make a complaint.

I cannot wait to start watching this. I honestly cannot believe that we will witness the ‘battle of the brands’. Who will be the higher bidder? Pepsi or Coca-cola; Adidas, Reebok or Nike; Visa or American Express; or are we going to see a national bidder or a Mercosur one like Coca-colla (from Bolivia)?

In the same line, Brazil and England signed on May 6, in Rio de Janeiro, an agreement that will allow exchanging information on the organization of the Olympic Games. As you know, any city that holds the Olympic Games needs to sign a contract between the International Committee and the Authority o the country and its Olympic Association. In this contract not only the general planning of the games are set up but all requirements including intellectual property rights.

Usually, the majority of the income of the operating budget comes from official sponsorship and marketing. Thus, to reassure official sponsors and commercial partners that their investment is worthwhile there is a set of rules (an Act) that must be introduced. For example, London Organising Committee for the Olympic Games is the one that grants exclusive rights to official sponsors, licensees and partner to use Olympic IPRs and to associate themselves with the games. To this effect they are also responsible for protecting the official brands in the UK. Special laws have been passed to give extra protection to some of the Games' Marks (Protection Act 1995 (OSPA)) not only protecting the Olympic and Paralympics’ symbols, mottos and various words; but also a more specific legislation that prevents the creation of an unauthorised association between people, goods or services and London 2012 (the ‘2006 Act’).

Brazil has already passed the Olympic Act (Law no 12035/2009) but I just wonder whether they are already working on a more specific legislation regarding the protection of brands.

A moment ago I remembered an old advertisement for the Winter Olympics at Lillehammer in 1994. The ad was promoted by American Express and the official sponsor was VISA. The ad went like this: ‘if you are travelling to Lillehammer, you’ll need a passport, but you do not need a VISA’. That is just classic!

What does go on when you have tango dancers together?

Patricia Covarrubia May 07, 2010 1 comment:

As mentioned in this blog, last Monday part of the IP tango bloggers were working together in a seminar. It was nice indeed to put a face to my cyber colleagues and I was not disappointed (a blind date that did not got wrong!)

The seminar, organized by Aurelio Lopez-Tarruella Martinez and LVCENTIVIS (Alicante University), took place in the beautiful settings of Alicante. The theme was “The protection of Industrial and Intellectual Property Rights in Free Trade Agreements”. The audience was a mixture of practitioners, officers, academics and students.

The seminar was divided in two parts: first Aurelio and myself presented two papers chaired by Eli Salis:
1.- The Processes of economic integration and free trade agreements in Latin America (Aurelio).
2.- Extending the coverage of geographical indications - the EU strategy in the Andean countries (Patricia).

The second part of the seminar was moderated by Dr Ricardo Antequera-Parilli from the firm Estudio Antequera Parilli & Rodríguez - recognized as the leading IP firm in Venezuela for the second year in a row by Chambers & Partners.

Following the same string, brave students presented seven papers. There were a variety of topics: five papers targeted particular IP issues (mostly patent, copyright and trade mark) in a named Latin America country; two other papers gave us a more general idea of FTA from the European and United States perspective.

I would like to give you a taste of what happen in there.

Clearly putting together three tangoneros (2 presenting and the other one (Gilberto) observing) and an audience full of Latin American and European people and one American, talking about trade, IP negotiations and legislations, dominant positions, politics and even colonization was expected to be a really hot debate. Thankfully, the moderator reminds us that it was not a ‘dialogue’ (the change of ideas was becoming extremely sizzling I have to admit).

What did happen inside the room?
After the delivery of the paper, Aurelio quite politely started the debate by saying that he sensed ‘frustration’ from the speeches. I could not agree more. The situation is very simple: we feel that at the IP -table of negotiations our countries fail(ed) to truly negotiate! We appear to put aside our ‘creation, innovation’ for better quotas in foodstuff– bananas, beef, sugar and so on. Aurelio then suggested that we should be more ‘regionalist’ as the MERCOSUR is doing. I totally disagreed. I believe that what is happening with this Block is not about being regionalist but it is more about bureaucracy and politics. We need a way to promote agriculture, biodiversity, science, and also culture.

Students also participate for both bands (sort of speak). Should we follow the leaning of the BRIC? Are we the same? At the end of the date, yes we are all developing countries, but as one of the students argued, we cannot compare for example Costa Rica with China – so, we are not equal. Another student suggested that we do not negotiate but we do as we are told: “if they ask us to jump, we do it!” uh?Are we puppets?

Ricardo Antequera remarked the fact that Latin American countries IP legislation appear to become more Anglo-Saxon due to bilateral agreements negotiated with the US. Is this good? The situation is that the change of legislation appears to be something that the Latin American countries are doing due to imposition rather that conviction.

To answer the question written in the title I will say that while the dancers were thinking of different moves, yet the dance was a joyful one.

Finally, I would like to finish this report by thanking Aurelio for the opportunity given. I also would like to thanks the students, moderators and the audience for keeping the room really warm in a windy/rainy day.

Materiales - Seminario la Propiedad intelectual en los TLCs en América Latina

Aurelio Lopez-Tarruella Martinez May 06, 2010 No comments:

SEMINARIO

LA PROTECCIÓN DE LA PROPIEDAD INDUSTRIAL E INTELECTUAL EN LOS TRATADOS DE LIBRE COMERCIO EN AMERICA LATINA

Universidad de Alicante, 3 de mayo 2010

Los ponentes y comunicantes del seminario ponen sus presentaciones a disposición de los usuarios de IP Tango

Ponencias

“Introducción: Propiedad intelectual y Tratados de Libre Comercio en América Latina”
Aurelio Lopez-Tarruella Martinez (Universidad de Alicante)

“Ampliación de la cobertura de las indicaciones geográficas - la estrategia de la UE en los países andinos”
Patricia Covarrubia (Brunel University, Londres)

Comunicaciones

1. “APC Colombia - Estados Unidos: Asuntos relevantes en materia de Patentes”
Natalia Franco/Mónica Restrepo/Carolina Calderón (Colombia)

2. “Los retos de la implementación de las disposiciones sobre derechos de autor y observancia de los derechos del CAFTA-DR en Costa Rica”
Francisco Gómez Fonseca (Costa Rica)

3. "Las modificaciones sufridas en la normativa dominicana sobre patentes y marcas a partir de la entrada en vigor del DR-CAFTA"
Taidi Muñoz (República Dominicana)

4. “Acción de Aduanas en el marco de Acuerdos Internacionales. Experiencia de la Republica Dominicana con el DR-CAFTA”
Carlos Atiles (República Dominicana)

5. “Panamá negocia”
Isabel Guizado (Panamá)

6. “La protección de la propiedad intelectual en los TLCs desde la perspectiva de los Estados Unidos”
Ryan Cobb (USA)

7. “TLC Colombia/Perú – UE: propiedad intelectual, biodiversidad y salud”.
Gloria Folguera (España)/Ruben Marano (Italia)

Honduras grants Denomination of Origin ‘tequila’ to Mexico

Patricia Covarrubia May 06, 2010 No comments:

Tequila the oldest denomination of origin (DO) in Latin America has been successfully registered at the Patent and Trade Mark Office in Honduras.

Honduras is a Member of the World Trade Organization (WTO) and the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) forms part of its domestic legislation. To this effect, the Honduran Law on Industrial Property, Decree No. 12-99-E affords protection in the form of denomination of origin, and prohibits the use, in the trading of goods, of a false or misleading appellation of origin.

Note that Honduras has one single protection regime for geographical indications, contained in the Industrial Property Law, Decree No. 12-99-E, mainly Chapter V, Articles 123 to 133, and Decree No. 16-2006, the Law to Implement the Free Trade Agreement between the Dominican Republic, Central America and the United States, Section III, Articles 14 and 15.

No more than one domestic DO has been registered: MARCALA, for coffee grown in a particular geographical area of Honduras.

This year two Tequila's drink were awarded golden and silver medals for spirit drinks by the Concours Mondial de Bruxelles. Others countries where this DO has been registered are: Canada, UE, China, Ecuador and Uruguay.

Telefonica redefines its brand

Patricia Covarrubia May 05, 2010 No comments:

The telecommunication company has begun a ‘unification of trade marks for its telephone services, mobile and fixed, Internet and television’. From now on, all its services will be identified by the trade mark ‘Movistar’ accompanied by the type of service e.g. Movistar TV.

The initiate is starting in Spain and it will be followed by its markets in Chile, Colombia and Peru. This will see the end of local trade marks such as ‘Telecom’ in Colombia and ‘Cable Magico’ in Peru.

Movistar is placed at 60th by Millward Brown Optimor - it has recently published the ranking of the BrandZ Top 100 Most Valuable Global Brands (here).

Ecuador licenses ritonavir patent to local distributor

Jeremy May 05, 2010 No comments:

In an earlier post ("Ecuador's compulsory licensing regime for medicines", here), IP Tango referred to Ecuador's Decree 118 -- the mechanism for granting compulsory licences in respect of patented medicines for both commercial and non-commercial used.

Writing for Intellectual Property Watch last month, Catherine Saez reports that the first such compulsory licence has now been granted. The product in question is ritonavir, an antiretroviral drug for which Abbott Laboratories hold the patent. The licensee is Indian generics company Cipla's local distributor, Eskegroup SA, and the compulsory licence will run until the expiry date of the patent, 30 November 2014.