Welcome to our blog for Intellectual Property Law and Practice in Latin America!
¡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!

Monday, 14 March 2016

Patricia Covarrubia

A helping hand for micro and small enterprises

    No comments:

The Brazilian National Institute da Propriedade Industrial (INPI) together with the Ministry of Development, and the Industry and Foreign Trade (MDIC), have signed a technical cooperation agreement with the Brazilian Support Service for Micro and Small Enterprises (Sebrae).
Image result for small and medium enterprisesThe agreement will be valid for three years and aims to make small business more competitive and innovative, “stimulating the development of technologies and the use of technological information contained in patents.” The agreement will see  document production such as: fact-sheets, guidelines, tutorials and other material on industrial property to guide enterprises on the use of theirs assets, and how to request applications for industrial property among others.

INPI informs the public the significance of registering a trade mark or protect a patent which sometimes if is “forgotten or considered unnecessary to safeguard the company's name or its invention.”

Source INPI.
Read More

Sunday, 13 March 2016

Patricia Covarrubia

Copyright registration goes online

    No comments:
The Peruvian National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) is promoting the online application for copyright.

Image result for registration onlineThe ‘Virtual Registry of Works’ is a friendly platform, it is accessible anywhere and at any time (it operates 24hrs). INDECOPI notes that the system allows registration of works in 24 hours if the application does not present any observations. Payment can be done also online by credit card or through the Banco de la Nacion.

There is an online tutorial on how to use this platform (here).

While registering a work is not mandatory in Peru, it is highly recommended to do so to facilitate prove of entitlement and date of creation.

Source INDECOPI.
Read More

Wednesday, 2 March 2016

Patricia Covarrubia

Genetic resources and TK: Peruvian IPO ‘will look for you, will find you, and will kill your patent’

    No comments:
The Peruvians claim to be the leader in the protection of genetic resources and Traditional Knowledge (TK). This recent statement was submitted to the Asean-Pacific Economic Cooperation (APEC) member economies claiming that the Peruvian Commission Against Biopiracy (INDECOPI) has developed a strong and solid system to prevent biopioracy.

Image result for taken movie i will find you
Hello?...
Biopiracy is known as the unauthorised collection and/or use for commercial ends of genetic resources or TK. The Biopiracy Commission aims to track and identify cases of biopiracy around the world. In this way it prevents and protects Peruvian biological resources and TK by opposing to patent applications abroad and/or challenges granted patents.

The Peruvian legislation in regards to biopiracy comes in the form of a trade bloc Decision i.e. the Andean Community (CAN, whose members are Bolivia, Colombia, Ecuador and Peru) Decision 391 ‘Establishing the Common Regime on Access to Genetic Resources’.

The report shows that the Biopiracy Commission has resolved 15 cases, 6 of which related to ‘maca’. Patents granted using ‘maca’ for the production of medicaments for the treatment of osteoporosis, insomnia and to increase testosterone and as a nutritional supplement were successfully invalidated after the Commission intervention in Japan, Korea and Europe. Other cases have been successful at early stages since the Biopiracy Commission has opposed to the patent applications.

The president of the National Commission Against Biopiracy noted “the Peruvian State has sovereign rights over their genetic resources; while indigenous peoples have rights to the collective knowledge they have created, developed and preserved through the centuries.”

Source INDECOPI.
Read More

Monday, 22 February 2016

Gilberto Macias (@gmaciasb)

Indecopi lanza “Patenta Universidad”

El Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (Indecopi) ha puesto a disposición del sector académico y de investigación, la herramienta “Patenta Universidad”.

El propósito es incentivar el conocimiento y uso del sistema de patentes entre los centros superiores de estudio que apuestan por la innovación.

El programa “Patenta Universidad” está abierto a todas las universidades del país, centros académicos superiores o entidades de investigación que no hayan usado de manera recurrente el sistema de patentes en los últimos cinco años, pero que cuenten con una importante cantidad de  proyectos de investigación o de innovación tecnológica.

Las instituciones que deseen participar en “Patenta Universidad” deben ingresar a  www.indecopi.gob.pe/din/pu y seguir las indicaciones establecidas en los ‘Lineamientos del  Programa’. La fecha límite para acceder es el 19 de agosto de 2016.

Todas las actividades que comprende “Patenta Universidad” serán desarrolladas gratuitamente.

Más información aquí.
Read More

Monday, 15 February 2016

Patricia Covarrubia

Academic Misconduct, plagiarism, copyright infringement or just an electoral fight

    No comments:
This month Peru’s newspapers have been busy reporting about an alleged plagiarism done by Mr César Acuña Peralta who is running for the Peruvian Presidency (here and here)

Image result for plagiarismMr Acuña has been accused of copying his doctoral thesis submitted at the Universidad Complutense, Madrid in 2009. Added to this accusation, now it emerges that he also copied his master’s thesis submitted at the Universidad de los Andes, Colombia. In the latter, news referred to the fact that some paragraph were well attributed to the author and using quotations marks but others were not. The alleged paragraphs were taken from the book authored by Cruz Cardona.


Accusations are so strong that the Peruvian National Institute for the Defence of Competition and Protection of Intellectual Property (Indecopi) has decided to investigate the accusation (in line with its Organization and Functions Act and Decree Legislative 822 that gives to it powers to investigate acts affecting copyright and related rights within the country). Moreover, the Universidad Complutense has announced that “it will initiate an investigation to determine whether Acuña committed academic fraud.”

Image result for plagiarismThe Spaniard newspaper El Pais noted that Universidad Pontificia Catolica del Peru passed the thesis through Turnitin, a software which is widely used in academia that matches the document against a database, and so detecting originality or similarity to other sources. The said academic “found in the first 165 pages an average of 80 % similarity to other Internet sources not necessarily cited in the investigation.” Declarations in this newspaper refers to pages after pages of textual copying without been either attributed or using quotation marks. In many educational institutions, plagiarism is treated as strict liability (as copyright primary infringement) while others require intention. In any case, plagiarism is a disciplinary offence.

A more recent accusation was brought by the newspaper El Comercio noting that it has transpired that in 2002 Mr Acuña authored and published a book which is an identical copy of the book authored by Peruvian Professor Otoniel Oyarce Alvarado.

Wow! Wow! Wow! These are really strong accusations. A master, a PhD and a book?! I am indeed amazed how these could have happen…I presume the University in Madrid did not have or use any software to check the originality of the work, -- possibly. However, we are talking pages after pages. How the supervisors and the examiners did not notice this matter? As an academic sometimes we read students work and we stop to think, uh? I have read something like this somewhere. But we are humans, and mistakes could have happen…but in a PhD there is so many people involved, and no one noticed it? The other issue that comes into my attention is the book that he allegedly copied. If it is claimed that is a copy of another one...how did anyone not notice this before? Both books are published in Peru and written by academics in Peru – surely a student or a person in the same fora could have noticed something.

Will Mr Acuña resign from his Presidency postulation? Or will he wait for the University in Madrid and the Indecopi to give a verdict?
Read More