
Friday, 4 December 2020

Sunday, 29 November 2020

EPO Conference: The role of patents in an AI driven world
- Latest trends in the Fourth Industrial Revolution (4IR) technologies
- What are the issues around patenting AI? [DABUS case will be discussed here]
- AI already speaks the language of patents
- Learning about AI and IP
- European AI strategy: Focus on innovation
- Making Europe a global leader in innovation in the data economy
Wednesday, 11 November 2020

You reap what you sow: Brazil participation in the Patent Prosecution Highway
The Patent Prosecution Highway (PPH) program is a fast-track examination of a patent application; an applicant request this accelerated process in the national phase which originated on a foreign office and national patent examiners can use the opinion and preliminary examination from the foreign office. The program aims to promote sharing the work among patent offices but the decision of granting patents still remains under the national office. The program run among offices where they agree to share this practice (for more information see WIPO). Brazil does not form part of the Global PPH as its counterparts Chile, Colombia, and Peru; but since 2016, the office has had several bilateral PCT-PPH agreements: European Patent Office (EPO), PROSUR (pilot), Danish Patent and Trademark Office; United Kingdom Intellectual Property Office, Intellectual Property Office of Singapore, United States Patent and Trademark Office and Japan Patent Office.
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| Speedy 'Patent' Gonzales |
INPI also praised that the average time for assessing
priority processing requirements has decreased from an average time of 220 days
(2018) to 104 days (2020). This is due to ‘simplifying the process flow and
using new information technology tools ‘.
According to the Global
Innovation Index published by WIPO, in 2020, Brazil ranked 62nd
among 131 economies (innovation inputs 59; innovation outputs 64); ranking 4th
among Latin America and the Caribbean economies.
Monday, 9 November 2020

The future of Geographical Indications – we need you
The website of the International Conference ‘Worldwide Perspectives on Geographical Indications’ has arrived. As far as the plan is (we cannot predict what Covid-19 restrictions will be in place), this would be held in beautiful Rome, Italy on 6-9 July 2021 at the FAO headquarters.
Geographical Indications are ‘signs’ used on products such as spirits (‘tequila’ in Mexico), wines (Vale dos Vinhedos’ in Brazil), food (‘Quinoa Real’ in Bolivia), handicraft (‘Montecristi’ in Ecuador) that have a specific geographical origin (the reason for its name/label).
Why do we need you?
The conference is an interdisciplinary affair and aims to
listen to everyone in the area of agriculture and trade linked to GIs– we mean,
EVERYONE. From public authorities to producers, policymakers to practitioners
and stakeholders to academics, you name it, and we will have a space for you.
We are looking for participants around the world and I am
indeed looking for participants from developing countries (check fees and
financial support). To submit your contribution and abstract of no more than
500 words is needed -- deadline is before 18 December 2020. The beauty is that
contributions can be in Spanish (cough cough my Latin American friends),
English or French (simultaneous translation will be available on the date).
For the full invitation check here. For the submission of
contribution check here. When accessing the page, just tap (left-hand side corner)
for the desired language.
Tuesday, 27 October 2020

Indigenous Land as a Geographical Indication
‘INPI grants first denomination of origin to indigenous people’
This is the title that the Brazilian Institute Nacional da Propiedad Industrial (INPI) uses for its headlines. My mind started to think of other cases in which a national IPO has recognized in one way or another indigenous peoples and communities. The first, that came into my mind was ‘Tejedurias Wayuu’ [maybe because I love a pretty bag –Xmas list (husband, are you reading this?] (Resolution 71098, 07 Dec 2011) which is a recognized Colombian Denomination of Origin (DO) and it refers to handicraft made by the women from the Wayuu tribe. The second example that came into mind was again from Colombia, the ‘Sombrero Zenu’ (DO) (Resolution 71097 07 Dec 2011) for a hat made by the Zenú Indigenous Reservation [husband, I don't want a hat or a new pot!]. ore in DOs in Colombia here.
Going back to the title and Brazil, the news was a bit different from what I was expecting. Why? you may ask. The Geographical Indication (GI) granted is the name of an Indigenous land and this is something new to me in the recognition of indigenous peoples on GI. In my previous examples, the DOs name refer to the peoples rather than to the land. While GI usually, if not always refers to the link with the region, or better say, the origin in a given ‘place’ - the terroir, the Colombian examples refer to the people.
Moreover, Brazil and more specifically, the INPI is recognizing the ‘Andirá-Marau’ (RPI 2598, 20 Oct 2020) an Indigenous Land as a GI for warana (native guarana) and warana bread (guarana stick). It is the first GI in the form of DO in Brazil to be used by indigenous people, which as noted in my thoughts, refers to the land. Conflicts over indigenous lands and territories have always existed and continue to exist. In this particular GI case, while we may appreciate the recognition of the government and state over the Andirá-Marau Indigenous land, the reality is that there is a pending conflict between the ownership of the area. The area was demarcated in 1982 and approved in 1986, which covers approx. 7,885 square kilometers (3,044 square miles) (Decreto 93.069 - 07/08/1986); Indigenous lands are administratively demarcated by the Fundação Nacional do Índio (FUNAI). Since 2002, the Sateré-Mawé people have asked FUNAIL to correct the boundaries of the Indigenous Andirá-Marau land so that it ‘corresponds to the area they actually occupy’.
The INPI reports
that local biome in the ‘Andirá-Marau’ Indigenous land and the know-how of the
indigenous Sateré-Mawé people play a key role in obtaining a differentiated
product.
Monday, 26 October 2020

Brazil on Patents
During last week 19-22 October 2020, the Brazilian Instituto Nacional da Propriedade Industrial (INPI) celebrated the YEAR AWARD run by the Brazilian Intellectual Property Association (ABPI). The later was celebrating the 40th ABPI International Intellectual Property Congress.
This year, the award was aiming to reward the best patent in the area of COVID-19 looking for the following criteria: generating both social and potentially economic benefits; environmental impact; international protection and, the participation of nationals in developing the invention.
Twelve made it to the shortlist. The judging committee
composed of three professors from the INPI's Postgraduate and Research Division
granted the award to PI0903266-5 ‘Method and probe to aspirate endobronchial
secretion’, belonging to the Federal University of Minas Gerais.
In the same line, in September, the INPI did a study to framework patents and
industrial design in the field of ‘mask and respirators’. The goal was to
provide information to various actors and thus, the data obtained covered: recent decades and, national and foreign applications. A summary of the data can
be obtained here (in Portuguese) and for the full study here (in Portuguese). The
nutshell of this info is that the increase in this field was noticed in 2020
and that in general there were more industrial design applications that patents
– most applications came from The United States, and nationally, from the state
of São Paulo.
Saturday, 24 October 2020

CERLALC y el Instituto de Derecho de Autor: Octava Edición del Premio Antonio Delgado
- Categoría: Investigación en derechos de autor y conexos
- Categoría: Divulgación de la Propiedad Intelectual
Sunday, 18 October 2020

WIPO Conversation on IP and AI (Third Session): the deadline for those who want to intervene is approaching!
- Issue 1: Definitions
- Issue 13: Trademarks (as it was announced here)
- Issue 15: Capacity Building
- Issue 16: Accountability for Decisions in IP Administration
Tuesday, 13 October 2020

Brazil: First Anniversary of the Madrid Protocol
The Madrid Protocol has been running for over 30 years (June, 1989). With it, the flexibility to the Madrid System has seen an increased number in international trade mark registrations. After three decades, the system expanded to cover Latin America and the Caribbean (Antigua and Barbuda, Brazil, Cuba, and Mexico).
In 2019, WIPO reports that there has been over 60,000 international applications marking a 10th year of uninterrupted growth. While the main driver of the overall rise comes from the US (37%), followed by Germany and France; tailed by Switzerland, the UK, Japan, Italy, Australia, and Turkey.
Brazil, celebrating its 1st anniversary (a member
since 2nd Oct 2019) has received 109 international applications from national
users. This has also facilitated the use of the Madrid system by trade marks holders
located in other countries and thus, Brazil hit the 7,896 number from
international users indicating Brazil as their designated country (INPI
here).
To read the full data, click here.

