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¡Bienvenidos a nuestro blog de Derecho y Práctica de la Propiedad Intelectual en Latinoamérica!
Bem-vindo ao nosso blog sobre Direito e Prática de Propriedade Intelectual na América Latina!

Thursday, 6 August 2015

Patricia Covarrubia

Geographical Indications: to be or not to be (some thoughts)

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In Brazil, July was a prolific month since it saw the 5th national wine to be granted a Geographical Indication (GI). The application for a GI came in the form of Indicação de Procedência (Indication of Source)and was filed about a year ago by the Associação Farroupilhense de Produtores de Vinhos, Espumantes, Sucos e Derivados (Afavin).

The Brazilian IP Institute (INPI) informs that the formal GI request required a “detailed dossier with the geographical delimitation, the characterization of viticulture (vineyards and wineries), production processes, the characteristics of chemical and sensory quality of the wines, including the evidence of the reputation of the region as a producer of fine wines.”

Mr Tonietto, the technical coordinator of the project explained that this GI difference itself from the others since the enclosed area “corresponds to the historical producing region of moscatéis grapes from Serra Gaúcha, where there is the highest concentration of these varieties in the country.” Adding, he notes that obtaining this GI will enable “hundreds of producers and dozens of wineries established in the demarcated region to put in sparkling moscatéis... still wines that express the originality of this terroir".

Afavin’s president also demonstrates his views on this achievement by noting that the GI emphasizes the moscatéis drinks and that it can be denoted as an positive strategy that values and influences local strengths giving it more acceptance in the domestic market and having an export potential.

The other 4 national wines:
‘Vale dos Vinhedos’ (2002) as an Indicação de Procedência but later on turned into a Denomination of Origin (DO); ‘Pinto Bandeira’ (2010) as a Indicação de Procedência; ‘Altos Montes’ (2012) as an Indicação de Procedência; and finally, ‘Monte Belo’ (2013)also as Indicação de Procedência. All the wineries including this new entry, have received technical and scientific support from Embrapa Uva e Vinho.

Support to GIs in general:
In the same line and promoting GIs, 18 GI 's exhibitors participated in the ‘Hortifruti Brasil Show & Foods Brasil 2015’ in Curitiba. The event is forum for presentation, discussion and approach to business throughout the supply chain, bringing together different sectors, from the producer to the end consumer.

Representing INPI, Ms Lucia Fernandes attended the event and moderated the panel entitled ‘Market Opportunities and Gastronomy for Products which are differentiated by Geographical Indications and Certificates’.

Some thoughts:
1) While this post acknowledges the agricultural products of Brazil, one cannot forget that Brazil also protects non-agricultural products under the GI system. Examples of GIs from Brazil are: golden grass Jalapão, used to make bags, bowls, jewellery and other pieces; clay pots Goiabeiras; Vale dos sinos for finished leather; opalas preciosas (opal gem); hand-crafted tin of Sao Joao del rei; and even stones! such as Pedra Carijo-Paduana, Pedra Madeira-Paduana; and finally Pedra Cinza-Paduana. [all of these have been reported by this blog].

Image result for geographical indication
2) Despite the fact that GIs are a way of ensuring and protecting the origin of goods and they are mainly used to promote the commercialization of them, there is the need to acknowledge that they can also be used to safeguard and protect a product. For instance: the set-up of mechanism to encourage manufacturing and keeping alive a tradition; establishing regional centres for craftsmanship or creation of civic association of artisans; cultural mapping; helping to mobilize international cooperation and assistance for interested parties; strengthening the mechanisms through which the element is passed on (educational environments); organizing exhibits; stressing the significance of the product in question and thus, acknowledging the community involve; encourage the government to award funding; amongst others.


Image result for geographical indication3) We need to recognize that the 'GI effect' may often be small or non-existent. For example in the WTO’s 2004 World Trade Report the case of DARJEELING tea was examined and the researchers found that the GI protection given to Darjeeling “has had no noticeable effect on price over a twenty year period”. (Bramley, C., Bienabe, E., and J. Kirsten, The Economics of Geographical Indications: Toward a Conceptual Framework for Geographical Indication Research in Developing Countries). Moreover, Carlos Correa also asserts that “seeking to quantify the current and, particularly, the potential, value generated by the use of a geographical indication is an extremely difficult task.”

4) We also need to be aware of that many countries do lack the capacity to establish the system or do not trust the system. For example, because there are non-transparent public institutions or because farmers do not want to have the central government 'own' the GI in question (Mexico and Venezuela are cases where the GI does not belong to the holders but to the government).

5) There is also the issue that demanding production standards attached to a GI may become a highly politicized, and perhaps dysfunctional process for small business or farmers.

I am sure that I am missing other points, but for today I feel that I leave you with enough hints to develop your own thoughts.
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Tuesday, 4 August 2015

Jeremy

Now Mexico gives Marrakesh a predominantly Latin flavour

Back in April, in "Blazing a trail to Marrakesh: Latin America leads the way", this blogger announced to the readership of IP Tango that Argentina had become the eighth country to accede to or ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. Today the World Intellectual Property Organization (WIPO) issued a media release to the effect that Mexico had followed suit, becoming the ninth.

While the Treaty has still some distance to go before it comes into force, it's good to see that Latin America has taken the lead: of the nine countries that have so far either ratified or acceded to the Treaty, the majority are from the Latin American zone, with Mexico joining Argentina, Paraguay, Uruguay and El Salvador.

The current list of sign-ups for Marrakesh can be accessed here.
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Patricia Covarrubia

Peru's national IP institution influencing the national economy.

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From Peru we received news that the Peruvian National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI) was voted as a “modern, predictable and non- bureaucratic institution”. The results were the outcome of the Eleventh Annual Survey of CEOs made by Peru Ipsos and published by the journal Semana Economica.

The survey
Data comes from CEOs’ major companies in the country. The data reveals that INDECOPI ‘is one of the most effective public institutions in the defence of free competition’. Added to this, it reveals that when compared with other public institutions, INDECOPI has reached a level of ‘important institution’ since its “particularity is that it directly influences the private sector and the national economy.”

INDECOPI’s view
“Indeed, Indecopi contributes to the country's competitiveness, strengthening the consumer in defending their rights, controlling the market to fair competition to develop and promote the tools of intellectual property.”

Image result for seven dwarf working
HI HO HI HO! working together...contributing and controlling the market.
INDECOPI’s aim on IP
• To strengthen the use of the patent system in the country. In this regards INDECOPI celebrated the first Annual National Convention of Patents and Inventions (CNAPI) which a space that “seeks to promote the meeting of inventors in the framework of the activities of innovation and development for the country.”
• To strengthen the protection of traditional knowledge (TK) of indigenous peoples in regards to biodiversity. It is reported that since 2006, INDECOPI has granted 2,994 titles of TK in food, medicine, vegetable dyes, among others.

Tools used:
• Launched Servicio de Plataforma de Asesoría Gratuita de marcas y patentes (Platform Service free advice for patent and trade mark) promoting and increasing the use of the IP system and contributing to the country’s development and socio-economic growth. It reports that the platform has provided free advice to more than 13,200 entrepreneurs.
• An intense campaign for the benefit of all artists and creators in all its forms providing them various Copyright-Guides.
• A campaign called ‘Legal Software’ for the purpose of promoting, among companies in the country, the use of computer programs accredited by their respective licenses.
• Creating a Copyright- Virtual Registry which authors can use to register in just 24 hours their work quickly and easily.

Other achievements and awards received include ‘Premio de Ciudadanos al Día’ granted for the direct and permanent communication with citizens through social networks, virtual radio and radios in remote areas. It has also be considered as one of the "Best Workplaces in Peru - 2014".

Well done! Building consumer relationships and trustworthy interchange are key to protect and promote intellectual creations.

Source INDECOPI.
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Thursday, 16 July 2015

Gilberto Macias (@gmaciasb)

Consumidores colombianos empiezan a preferir menos marcas comerciales

De acuerdo a un análisis realizado por Nielsen, que evaluó el comportamiento de las marcas privadas en los hogares colombianos, el 70 % de los hogares colombianos compran productos de marcas privadas o propias.

 

Los colombianos compran productos de marcas privadas en promedio cada 21 días, siendo la clase alta la que lo hace con mayor frecuencia, mientras que las marcas comerciales llegan al 92% de los hogares en promedio cada 10 días.

 

El estudio identificó 2 variables que pesan en el momento de decidir comprar Marcas Privadas por parte de los hogares:

 

1.       La primera es el ahorro que se puede obtener al encontrar precios más bajos y

2.       La segunda, es que el consumidor encuentre un producto que realmente le guste por el que está dispuesto a pagar incluso un poco más.

 

De acuerdo al Reporte Global de Nielsen, la Marca Privada representa a nivel global el 16,5% de las ventas.

 

El liderato del ranking de ventas de productos de Marcas Privadas lo tiene Suiza, con un 45%. En Latinoamérica el líder en ventas es Colombia con el 15%, aunque se registran crecimientos en todos los países medidos por Nielsen en este reporte (Argentina, Chile, Brasil, México, Venezuela, Perú).

 

En Europa las Marcas Privadas o Propias tienen una participación del mercado del 29,5% y en Norteamérica es del 17.4%. 

 

Más información aquí y aquí.



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