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Thursday, 25 September 2008

Mexican plant breeders' rights: facts and figures

Jeremy September 25, 2008 No comments:

A useful article on plant breeders' rights in Mexico has recently been published, explaining the operation of the National Seed Inspection and Certification System (NSICS) which supervises the filing and grant of breeders' rights applications. Importantly for foreign applicants, it says that if the breeder has obtained the results of an examination by an authority abroad that formally collaborates with the NSCIS, such as the European Union's Community Plant Variety Office, the processing time for the corresponding Mexican application may be reduced if the applicant asks the NSCIS to take the examination results into account. If all necessary documentation is filed at the start, the process typically takes about one year.

The article also provides some data that shows the extent to which the Mexican protection system is used (as of September 2007):

"The NSICS's records show that 805 plant variety applications have been filed in Mexico, of which 37.6% were filed by US applicants and 33.5% by Mexican entities. Dutch, French and German applicants accounted for 11.9%, 8.4% and 3.5% of the applications, respectively. The NSICS has registered 184 applications for maize and 170 applications for roses - these high numbers are explained by the fact that maize originates in Mexico and by the country's wide range of climates for floriculture".

[source: "Plant Variety Protection System Continues to Bear Fruit", by Eric Alavez-Mejia (Becerril, Coca & Becerril SC, Mexico), writing in International Law Office].

Mexico Federal Copyright: to change

Patricia Covarrubia March 07, 2017 No comments:

Mr José Luis Alvarez, trade mark agent from Mexican Consulting & Development, SC, inform us the following:

Mexico has been one of the twenty countries that have signed up to the Treaty of Marrakesh. Nowadays globalization has caused our legal environment to adhere to international treaties that protect human rights. In this context, the Treaty of Marrakesh is one of them, since the purpose of this instrument is to allow access to people who lack some visual acuity or who suffer from blindness, to published works focused on this segment of the population.

The signing of this treaty seeks to address the scarcity of material that is easily accessible to this population group. Mexico is among the 20 countries that signed the treaty, achieving the standards of countries such as India, El Salvador, South Korea, Australia, Israel, Chile, Ecuador, North Korea, among others. This is how Mexico has committed to reform the federal copyright law which must consider an exception or limitation regarding the right to distribution, reproduction and public availability to access audiovisual works or books.

This treaty allows the parties involved to import and export copies in an easier and more accessible way for this segment of the population. With regard to importation as soon as our legislation is adapted in relation to this treaty, a copy may be accessed without the authorization of the holder of the rights.

Thanks for the information.

MARQUES coexistence workshop reaches Mexico

Jeremy February 04, 2015 No comments:

Since this weblog has just touched upon the subject of trade mark coexistence agreements (in Peru), it is relevant to add that this very topic is the subject of a forthcoming event in Latin America: it's a workshop held under the auspices of MARQUES, the European trade mark organisation. According to the MARQUES Class 46 weblog,

"Launched a couple of years ago as nothing more than an experiment in showing how trade mark negotiation skills can be enhanced, the MARQUES Trade Mark Coexistence Agreement Workshop has grown wings and now it has flown all the way to Mexico.

This challenging yet enjoyable workshop will take place later this month, on Thursday 26 February 2015, at the Hotel Fiesta Inn Insurgentes Sur, Mercaderes 20, San José Insurgentes, Mexico City 03900, Mexico. It will, appropriately, be conducted entirely in Spanish. To remind readers of what the workshop is all about, MARQUES tells us that

The objective of this workshop will be to sensitise participants to the commercial and legal issues that arise when the potential conflict of two or more businesses with similar brands and trade marks may be avoided by negotiating a prior rights agreement (‘coexistence agreement’).
The registration fee for this meeting is a mere €25, which makes it an absolute bargain. Further information and registration details can be obtained by clicking here".

Webinar "IPRs for EU SMEs in Mexico"

Gilberto Macias (@gmaciasb) September 11, 2017 No comments:

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Our friends of Latin America IPR SME Helpdesk have organized a very interesting webinar regarding Intellectual Property Rights for EU SMEs in Mexico.

The webinar aims to give an overview about the current situation as regards Intellectual Property Rights and Innovation as well as to provide practical information about the registration and enforcement of the main IPRs in Mexico.

Attendees will have the chance to see the importance and main features of each Intellectual Property Right when operating in Mexico.

The webinar will be held on Wednesday, September 13, 2017, at 15.00 hours (Brussels time) in English.

This free-of-charge event is business-oriented and is conducted by top professionals that know exactly what an SME needs to know to improve its business strategy regarding IP registration and enforcement in the Latin America region.

More information and registration here.

Innovation & health

Patricia Covarrubia September 27, 2016 No comments:

From Félix Rozanski, Director Ejecutivo del Centro de Estudios para el Desarrollo de la Industria Químico Farmacéutica Argentina, we heard that the 7th LATIN-AMERICAN SEMINAR ON: “INNOVATION AND HEALTH” took place last 21-23 September 2016. The event took place at two venues: the Federal Court of Administrative Justice in Mexico City and the Mexican Industrial Property Institute (IMPI).

Image result for medicines biosimilar cartoons

Not only the agenda has to be praised but the quality of the speakers is to be commended. The agenda cover topics such as: Challenges to Promote Innovation and Development in Latin America; Biomedicines: Regulations and access in Latin America; Correct Identification of ‘Biosimilar’; Data Exclusivity; the Linkage between Patents and Health.

Debates and experiences were heard from Judges and lawyers in the handling of technical and controversial cases; Voluntary vs. Compulsory licenses; Medicine Counterfeiting; and the experts from different National Industrial Property Institutes were also engaged in discussions and revealing the experiences and strategic plans in Latin America. Speakers such as Félix Rozanski (Argentina); Sergio Rodríguez Soria (Director Innovation at Production Ministry, Peru); Elke Simon (Patent Division, Boehringer-Ingelheim, Germany); David R. Gerk: Patent Prosecution Highway (USPTO); Albert Keyack (EPO); Freddy Arias Mora (Costa Rica), Professor School of Pharmacy and Patent Judicial Expert; Laura M. Vargas Sanchez (Director, Regulation of Health Products in Costa Rica); Corey Salsberg (NOVARTIS, Switzerland); Eladio Torres Moreno (Pfizer, USA); Francisco Gomez, (Sanofi, México); Luz María Anaya Domínguez (Judge, Specialized I.P. Chamber Administrative Federal Court, Mexico); Ramon Ignacio Cabrera Leon (Judge, Administrative Federal Court, Mexico); Francisco de las Carreras (Judge, Federal Civil and Commercial Second Instance Court, Argentina); Marcia Flores (Judge in the Quito Court of Justice, Ecuador); Jaime Enriquez ( Judge, Administrative Litigations Court, Ecuador); Rubí Lucrecia Gamboa Barrera de Valvert (Judge, First Instance Civil Court, Guatemala); Mónica Rosell (Expert in the Andean Community Court of Justice); Eric Velasco (Panama’s Supreme Court); Lic. Matías Schweizer (INPI, Argentina); Claudia Baez and Belen Cubilla (Patent Office, Paraguay); Nubia Chedid (INPI, Brazil); as many other judges, officials, and experts.

According to Félix Rozanski the most debated issues were:

(a) How to attract private investments to R&D? How to promote cooperation? How to develop regional R&D projects - mainly in the Pacific Alliance?
(b) The international cooperation and the new agreement signed to speed up patent examinations;
(c) The decision making process in the difficult IP litigation with contrasting views between Chilean and Argentine judges as to the role of the judge;
(d) The value of incremental innovations for the national industries and researchers. Example in Argentina where the nationals do not obtain Argentine patents but do patent the incremental innovation in the US;
(d) The compulsory licenses in Colombia and Ecuador and in the latter case the proposed new code on inventions which in practice mean no patents at all;
(e) The drama of counterfeit medicines with Dominican Republic taking the most severe measures in spite of all the difficulties;
(f) The new plans of the Argentine INPI to promote innovation and take into account the examinations in other national patent offices; and
(g) What the new TTP means for the Pacific nations participating and the chances that it will be ratified.

Felix is open to answer any query you may have at cedieduca@cedi.org.ar

Here you can also find a highlight written by the Federal Court for Administrative Affairs, Mexico about the Seminar.

Will Mexico really shorten medicament patent term?

Jeremy January 29, 2013 No comments:

From a newsflash today, IP Tango learns that Mexico is planning to exploit the fact that there are few votes in patents. It reads, in relevant part:

"On January 23, 2013, the Mexican Senate published a Bill adding article 23 bis to the Industrial Property Law (IP Law). This Bill intends to establish a "special" life term for patents claiming a substance or a mix of substances regulated by article 221, sections I to III of the Health Law that is: drugs, active ingredients and raw materials related to drugs.

According to this Bill, the 20 years life term for patents claiming such subject matter would start from the date of filing of first patent application abroad (priority date), instead of the filing date in Mexico, as currently set forth by the IP Law, which could reduce life term up to one year ...".

The opinion expressed in this news item is that

" .. this Bill contravenes International Treaties adopted by Mexico related to Intellectual Property, mainly as it means an arbitrary shortening of the life term of a particular kind of patents, which is privative and would be considered unconstitutional".

The proposal certainly goes against the general trend in recent years towards lengthening the life of drug patents, a policy that is currently being revisited by Australia too (see The SPC Blog here, here and here).

Source, "Bill to diminish the life term of patents for medicaments", Olivares & Cía., S.C.,

Upcoming events on this week and more!

Verónica Rodríguez Arguijo July 13, 2020 No comments:

WHAT'S GOING ON THIS WEEK?

The European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) are holding the conference Shaping tomorrow: 3D printing and its impact on IP from 13 to 16 July 2020. The first sessions already took place which included the presentation of the new EPO’s study on patents and trends in 3D printing technologies. Some speakers of the remaining sessions are Virginie Fossoul (European Commission), Heli Pihlajamaa (EPO), Rosa Maria Ballardini (University of Lapland), and Cristian Fracassi (Isinnova). Watch here the full recording of the first day and the live stream of the remaining sessions.

On 14 July 2020, the World Intellectual Property Organization (WIPO), the Brazilian National Institute of Industrial Property (INPI Brazil), the Brazilian Intellectual Property Association (ABPI), and the Brazilian National Confederation of Industry (CNI) are offering the webinar Intellectual Property 4.0: IP in the Fourth Industrial Revolution? (in Portuguese). The opening speakers are Luiz Edgard Montaury Pimenta (ABPI), José Graça Aranha (WIPO), and Fabiano Barreto (CNI). The panellists are Alexandre Pfeifer (IBM) and Fabiano Barreto (CNI). Vagner Latsch (INPI) will moderate the session.

The International Chamber of Commerce of Mexico (ICC Mexico) will hold the seminar The new Industrial Property Law (in Spanish) from 14 to 16 July 2020. The program will cover the amendments on trademarks, patents and enforcement issues. Some speakers are Juan Lozano Tovar (IMPI), Claus von Wobeser (ICC Mexico), Oscar Estrada Chávez (Federal Court, IP Specialised Bench), Luz María Anaya Domínguez (Federal Court, IP Specialised Bench), Juan Antonio Rodríguez Corona (Federal Court, IP Specialised Bench), Paola Franco Abarca (IMPI), and Karen Orivio (Novartis).

The webinar Federal Copyright Law - Opportunities and security: INDAUTOR (in Spanish) will take place on 14 and 16 July 2020. The event is organized by the Mexican Centre for Protection and Promotion of Copyright (CeMPro), the National Chamber of the Mexican Publishing Industry (CANIEM), and editamos. The speakers are Hugo Contreras Lamadrid (INDAUTOR), Jesus Parets (INDAUTOR), Alberto Arenas (INDAUTOR), Claudia Pérez (INDAUTOR) and Quetzalli de la Concha (CeMPro).

On 16 July 2020, the following webinars are scheduled:

Evocation: a powerful tool to protect GIs, organized by oriGIn (Organization for an International Geographical Indications Network). Some speakers: G. Belinci, F. Desimoni and L. Nair.
Cancellation of trademark registrations for non-use: a comparative analysis (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Clarissa Jeagger, Liza Erazo, and Miguel Muñoz. Moderator: Luis Baz Baz.
Overview of the WIPO Guide on Identifying Inventions in the Public Domain, organized by WIPO. Speaker: Donna O. Perdue.

On 17 July 2020, the webinar Intellectual Property in Mexico: Tips for Protecting and Managing your IPRs in Unprecedented Times will take place. The event is organized by the IP Key Latin America and Latin America IP SME Helpdesk. Some speakers are Martin Schlötelburg and Sergio Rangel.

FIDE | TIPSA. Global Digital Encounters: IP Arbitration in a Digitally Enhanced World

The Foundation for Research on Law and Business (FIDE, acronym in Spanish) and the Transatlantic Intellectual Property Academy (TIPSA) announced the Global Digital Encounters: IP Arbitration in a Digitally Enhanced World (Encounter 4) will be held online on 22 July 2020.

The event will provide an overview of the role of IP arbitration and mediation in a post-pandemic environment. The speakers are Catherine A. Rogers (Penn State Law) and Chung Nian Lam (WongPartnership). Ignacio de Castro (WIPO) will moderate the session. More information here.

PAST EVENTS

Did you miss some events held the last week? The following are still available on-demand:

7 July. Webinar: Domain Name Arbitration, organized by the Brazilian Association of Industrial Property Agents (ABAPI), TIPSA, and WIPO.
7 - 9 July. Second Session of the WIPO Conversation on IP and AI, organized by WIPO.
8 July. Webinar: WIPO-AIPPI Joint Webinar: Current Trends in WIPO Mediation and Arbitration for Intellectual Property and Technology Disputes, organized by WIPO and the International Association for the Protection of Intellectual Property (AIPPI).

If you have a craving for more, review the full list of events here!

Image of metalurgiamontemar0 on Pixabay.

The first non-traditional trademark registrations have been granted in Mexico

Verónica Rodríguez Arguijo May 03, 2019 No comments:

This post was first published on The IPKat blog:

The Mexican Industrial Property Law was significantly amended last year through two batches of amendments. Read this Kat's reviews on the first batch here and the second one here and here.

The second batch of amendments to the Law entered into force on 10 August 2018 and modified a number of provisions related to trademarks. One such amendment provides that trade dress, scents, sounds, holograms, the combination of colors and certification marks are entitled to trademark protection under Mexican IP Law.

Upcoming events on this week!

Verónica Rodríguez Arguijo September 09, 2020 No comments:

WHAT’S GOING ON THIS WEEK?

On 9 September 2020, the webinar The future of intellectual property in the age of hybrid technologies (in Spanish) will be streamed on Facebook. The event is part of the Permanent Seminar on Intellectual Property 2020-2 (SEPEPI) which is organized by the Legal Research Institute (IIJ) of the National Autonomous University of Mexico (UNAM). The speaker is Professor Manuel Desantes (University of Alicante).

On the same day, the webinar The importance of intangible assets (in Spanish) will take place. The event is organized by the Mexican Association for the Protection of Intellectual Property (AMPPI). The speakers are Melissa Barriga Castañeda, María Esther García Álvarez, and Alan Guevara Morales. Carolina Ponce will moderate the session.

The webinar Industrial Designs for Brazilian Users and Stakeholders (in English and Portuguese) will be streamed on YouTube also on 9 September 2020. The event is organized by the World Intellectual Property Organization (WIPO), the Brazilian National Institute of Industrial Property (INPI Brazil) and the Brazilian Association of Industrial Property Agents (ABAPI). The panellists are Jessamyn Honculada (WIPO), Max Germeil (WIPO) and Eduardo Rodrigues Rio (INPI Brazil). Ricardo Pinho will moderate the session.

Meanwhile, the Ibero-American Federation of Law and Information Technology Associations (FIADI) is organizing the webinar Artificial Intelligence, Ethics and Law (in Spanish) also on 9 September 2020. The speakers are Luis Raúl Rodríguez Oconitrillo, Humberto Martín Ruani, Edda Karen Céspedes Babilón and José Vega Gallardo. Register here.

The EPIP2020 Online Conference will take place from 9 to 11 September 2020. The event is organized by the European Policy for Intellectual Property (EPIP). The program will cover artificial intelligence, data privacy, platform regulations, the EU Digital Single Market, trade secrets, overlapping trademarks and other IPRs, as well as COVID-19 and IP. Some speakers are Marco Alemán (WIPO), Carsten Fink (WIPO), Marcus Höpperger (WIPO), Yann Ménière (EPO), Nathan Wajsman (EUIPO), Andrew Toole (USPTO), Christophe Geiger (University of Strasbourg), Daniel Gervais (Vanderbilt University), Eleonora Rosati (University of Stockholm), Nicola Searle (University of London), Irene Calboli (Texas A&M University), Estelle Derclaye (University of Nottingham), Natali Helberger (University of Amsterdam), and Lisa Ouellette (Stanford Law School).

On 10 September 2020, the Mexican Association for the Protection of Intellectual Property (AMPPI) will hold the webinar Women and video games: How to balance the game? (in Spanish). The speakers are Blanca Estela López Pérez (UAM-A), Diana Rodríguez Aparicio (Women in Gamex) and Dany Kino (TV UNAM). Salvador Camacho will moderate the session.

The Inter-American Association of Intellectual Property (ASIPI) is organizing the webinar Restriction measures to the use of trademarks (in English and Spanish) also on 10 September 2020. The speakers are Ron Cregan (UK), Antonella Salgueiro (Paraguay) and Luis Diez Canseco (Peru). María Rosa Fabara will moderate the session.

On 11 September 2020, the World Intellectual Property Organization (WIPO) is offering the webinar E-commerce and Intellectual Property for Indigenous Peoples and Local Community Entrepreneurs. The speakers are Juan Hoyos (ITC), Lucille Anak Awen Jon (Malaysia), Solveig Ballo (Norway), and Gabriele Gagliani (Bocconi University). Rebecka Forsgren (WIPO Indigenous Fellow) will moderate the session.

Last but not least, IP Time will hold the webinar Web-users as creators. Legal aspects from a copyright perspective (in Spanish) also on 11 September 2020. The speaker is Pablo Solines Moreno (Ecuador).

PAST EVENTS

Did you miss some events held the last week? The following are still available on-demand:

31 August - 3 September. Online Seminar on the Analysis of the Amendments to Intellectual Property in Mexico (in Spanish), organized by the Seminar of Patents, Trademarks and Copyright of the Faculty of Law of the National Autonomous University of Mexico (UNAM). Some speakers: Geidy Lung (WIPO), Carmen Arteaga (UNAM), Hugo Contreras Lamadrid (INDAUTOR), Kiyoshi Tsuru, José Luis Caballero, Martín Michaus, Mauricio Jalife, Fernando Becerril, Bernardo Herrerías, and Gastón Esquivel. Watch the panel I here; panel II and III here and here; panel IV and V here; panel VI and VII here.
1 September. Webinar: Medical Technology and Application of Artificial Intelligence: Overview and Regulatory Framework (in Portuguese), organized by the Paulista Association of Intellectual Property (ASPI). Speakers: Patrícia Peck Pinheiro, Elza Durham and Gilberto Takata. Moderators: Gil Meizler and Eliane Beltrame.
2 September. Webinar: Financing Tools for Health Innovation (in English and Spanish), organized by the European Connected Health Alliance (ECHAlliance). Speakers: María Apólito (Argentina), Juan Manuel Giner González (Argentina) and Carmelo M. Gordian (United States of America).
2 September. Webinar: The Innovation System of Paraná (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI). Opening speakers: Maria Inez Araujo de Abreu (CESA) and Juliana L.B. Viegas (USP). Panellists: Aldo Nelson Bona (SETI) and José Maurino de Oliveira Martins (SEPARTEC). Moderator: Claudia Crisostimo.
2 September. The opening lecture of the Course: Strategic management of trademarks portfolio (in Portuguese), organized by the World Intellectual Property Organization (WIPO) and the Brazilian Intellectual Property Association (ABPI). The theme of the opening lecture was the International Trademark System. Speakers: José Graça Aranha (WIPO), Kone Cesário (UFRJ) and Luciany Pelisson Creado Becker (OAB PR).
3 September. Webinar: Online dispute resolution for IP issues (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Leandro Toscano (WIPO), Paul Corral (Catholic University of Ecuador) and Javier Fernández-Lasquetty. Moderator: Mary Fernández Rodríguez.
3 September. Webinar: Anti-discrimination compliance in the fashion industry - measures and clauses for adequacy (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI) and OAB Rio de Janeiro (the Order of Attorneys of Brazil). Speakers: Humberto Adami (OAB), Fabricio Oliveira (UFF) and Ana Paula de Paula (CDMD). Moderators: Deborah Portillo (CDMD) and Renata Lisboa (CDMD).
4 September. Webinar: General principles applicable to Copyright contracts* (in Spanish), organized by IP Time. Speaker: Professor Delia Lipszyc.

* The webinar details were added to the page “Events” on the IPTango website after the weekly article was published.

If you have a craving for more, review the full list of events here!

Credit: the picture is courtesy of Riana Harvey. IPTango would like to express our gratitude to Riana for designing the image!

Mexico defines orphan drugs, but leaves questions unanswered

Jeremy March 11, 2012 No comments:

Earlier this year, on 31 January, new provisions of Mexico's General Health Law (GHL) came into force, containing for the first time a definition of orphan drugs. Under Article 224 bis of the GHL, an orphan drug is defined as a drug "to diagnose, treat, or prevent a rare disease, affecting no more than 5 in 10,000 individuals". This definition, which was previously contained in the Mexican Pharmacopeia, is now a matter of Federal Law.

Under Article 224 Bis 1 the Health Ministry is given the power to implement such measures as are necessary to encourage and promote access to orphan drugs, including the making of recommendations to National Health Institutes with regard to research and development. Implementation of the new provisions lets the Health Ministry, through the Federal Commission for the Protection against Sanitary Risks (COFEPRIS), issue marketing authorisations for orphan drugs, in place of the simple official communications which have been issued since 2009. However, the new provisions do not provide an exhaustive body of law on the subject, nor do they establish Data Package/Regulatory Exclusivity for them. This being so, recognition of these rights may require litigation.

Source: newsletter from Olivares & Cia., SC, Mexico

The news is out – are you in the list?

Patricia Covarrubia May 03, 2012 1 comment:

Early on this week the blog posted the "Special 301 Report" published annually by the United States Trade Representative (USTR). The Report re-evaluates the state of intellectual property rights (IPR)—to include protection and enforcement, in trading partners around the world.

From Latin America (LA), the list indicates that Argentina, Chile and Venezuela were placed in the "priority watch list" BUT does it mean that the other LA countries were given the o.k.?

I did have a look at the complete list and unfortunately the majority of the LA countries appear in the Watch List. I found Bolivia, Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Mexico, Peru and even a note regarding the situation of Paraguay, which is in the Monitoring List. Yet, the USTR is pleased to see the progress made by the country and it refers to a case decided in 2011 which obtained the first conviction under its new criminal laws. However, the USTR still has serious concerns regarding piracy and counterfeiting and advice the country to “intensify its customs actions and improve its cooperation with neighbouring countries Brazil and Argentina on cross-border enforcement of IPR.”

Under different headings I was looking for the LA countries and I found the following:

Trade marks and pharmaceutical products: There is concern with the “proliferation of the manufacture, sale, and distribution of counterfeit pharmaceuticals in trading partners such as Brazil...Peru...” It noted that there is an increase in the “practice of shipping of counterfeit products separately from labels and packaging in order to evade enforcement efforts.” It gives the example of Russia but later on it refers to Paraguay informing that they do “facilitate these illegal activities by exporting label and packaging components to counterfeit and pirated product assemblers.” It also adds that other countries such as Mexico and China are used as transit of such labels.
Piracy over the Internet and Digital Piracy It is said that the US will work in this area as to strengthen legal regimes and enhance enforcement with countries such as: Argentina, Brazil, Chile, Colombia, Mexico, and Venezuela [notice that I referring only to Latin America countries but other countries are also listed]. In this section the USTR reports that even though piracy over the Internet is replacing physical piracy, there is still production of, and trade in, CDs and DVDs and this remains as major problems in many regions such as Paraguay.
Governmental Business software: The use of only authorized business software was also in the agenda. Paraguay and Peru appear in this heading as countries that need to adopt an “effective and transparent procedures to ensure legitimate governmental use of software.”

Can we say that Latin America was given the thumb up or thumb down? I believe that as a Region we are on the list! And unfortunately this is something not to be proud of. But who are not in the list? There is always light at the end of the tunnel and thus, the region can have a look at other counterparts and neighbours such as Panama, Nicaragua, Honduras, El Salvador and Uruguay.

Mexico: Ley de protección de datos personales

Aurelio Lopez-Tarruella Martinez March 29, 2010 1 comment:

Según nos cuenta Juan Ángel Garza Vite (Universidad Autónoma de Nuevo León), la Comisión de Gobernación de Mexico ha aprobado recientemente el dictamen por el cual se expide la Ley Federal de Protección de Datos Personales en Posesión de Particulares.

Esta ley "coloca al país a la vanguardia en la protección de derechos de tercera generación, y lo pone a la altura de una democracia moderna". Ahora bien, el proceso para su adopción ha sido largo. El 30 de abril de 2009 se publicó en el Diario Oficial de la Federación de México la modificación de la Constitución Mexicana por la cual se faculta al Congreso de la Unión para legislar en materia de protección de datos personales:

"Artículo 73. El Congreso tiene facultad:
I. a XXIX-N. ...
XXIX-O. Para legislar en materia de protección de datos personales en posesión de particulares".

De acuerdo con el artículo segundo transitorio de dicha publicación el "Congreso de la Unión deberá expedir la ley en la materia en un plazo no mayor de 12 meses, contados a partir de la entrada en vigor del presente Decreto". Por lo tanto, el plazo termina el 30 de abril del presente año y para su promulgación todavía es preciso el visto bueno de la Cámara de senadores.

La necesidad de llevar a cabo esta reforma legislativa viene también provocada por presiones externas: Mexico es el único país junto a Turquía de la OECD que no cuenta con una legislación en la materia. Gracias a ella "toda persona tendrá la facultad de decidir quién, cómo y para qué usa su información personal, por lo que es indispensable abatir el mercado negro de la información que actualmente prevalece en el país, para dejar de ser considerado como un paraíso de datos personales".

Asimismo, la Ley permitirá ampliar la oferta de servicios en sectores como “outsourcing” para servicios de tratamiento de datos de empresas trasnacionales; servicios de almacenamiento de datos; de telecomunicaciones.

Desafortunadamente, en IP Tango no hemos tenido acceso al texto de ley pero estaremos encantados de recibirla de algún miembro de la audiencia.

Upcoming events on this week and more!

Verónica Rodríguez Arguijo August 05, 2020 No comments:

WHAT’S GOING ON THIS WEEK?

On 5 August 2020, the webinar Impact of Pandemic on IP Law Firms in Latin America will be streamed on YouTube. The event is organized by the Brazilian Association of Industrial Property Agents (ABAPI) and the Inter-American Association of Intellectual Property (ASIPI). The speakers are Carlos Olarte (Colombia), Enrique Díaz (Mexico), José Maria Vicetto Júnior (Argentina) and Marcelo Correa (Chile). Andréa Possinhas and Rosane Tavares will moderate the session.

The Intellectual Property Center of the Austral University is offering a postgraduate Diploma on Intellectual Property (in Spanish). The course starts on 5 August 2020 and is composed of four modules, representing 120 training hours per year. The program covers inter alia, trademarks, patents, copyright, and related rights.

The Seminar on Video games, Sports and Intellectual Property (in Portuguese) will take place on 5 and 6 August 2020. The event is organized by OAB São Paulo (the Order of Attorneys of Brazil). The program includes licensing and piracy. Some speakers are Nancy Caigawa, Fernanda Magalhães, Daniel Pitanga, and Rafael Lacaz.

On 5 and 7 August 2020, LES Brazil (a member of the Licensing Executives Society International) will hold the webinar Licensing for Success in Changing Global Market - LESI AMERICAS. The program will cover circular economy and a mock panel in licensing. Some speakers are Fabiana Quiroga, Patricia Gestic, Maria Beatriz Dellore, Claudio Barbosa, and Robert Held.

On 6 August 2020, the following webinars are scheduled:

The Patent Cooperation Treaty (PCT) for companies, organized by the World Intellectual Property Organization (WIPO) and the Peruvian National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI). Some speakers: Rolando M. Hernández Vigaud (WIPO), Manuel Castro (INDECOPI), Silvia Solís, and Ismael Igartua. The program is available here.
Regional IP Dialogue Virtual Series - LATAM, organized by the International AntiCounterfeiting Coalition (IACC). Speakers: Dominic Keating, Cynthia Henderson, Maria Beatriz Dellore, and Silvia Solis.
Resolving Intellectual Property Disputes in Alternative Dispute Resolution Environments, organized by the International Chamber of Commerce of Mexico (ICC Mexico). Speakers: Natalia Gulyaeva, Rodrigo Azevedo and Anjanette Raymond.
Drones. Practical and legal perspectives of uncrewed aerial vehicles (in Spanish), organized by the Mexican Association for the Protection of Intellectual Property (AMPPI). Speakers: Rodrigo Soto Morales, Pablo A. Palazzi and Francisco Vico Gutiérrez.
Intellectual Property and Hackathons: Trademark Registration (in Portuguese), organized by the World Intellectual Property Organization (WIPO) and the Brazilian Intellectual Property Association (ABPI). Opening speakers: Tatiana Campello (ABPI), José Graça Aranha (WIPO) and Paulo Varella Lisboa (NEXT, ICICT). Panellists: Maria Luiza Mondelli (second group, general category), Renata Frota (third group, general category), and Gabriela Toledo. Moderator: Patrícia Coimbra.

On 7 August 2020, the webinar Analysis of the amendments to the Mexican Copyright Law. Notice and Takedown: Internet Censorship? (in Spanish) will take place. The Specialized Centre for Intellectual Property (CECPI) organizes the event. The speaker is Professor Eduardo de la Parra Trujillo.

WIPO | IMPI: NATIONAL PATENT DRAFTING WORKSHOP

The World Intellectual Property Organization (WIPO) and the Mexican Institute of Industrial Property (IMPI) will hold the National Patent Drafting Workshop from 17 to 21 August 2020.

The online workshop is addressed to researchers and academics of universities, technology transfer and research centres. The course aims to foster innovation by improving the skills of patent applicants.

The free workshop is limited to 80 participants. Submit your application here. Likewise, the universities or centres must send an email to impi.eventos5@impi.gob.mx to endorse the submissions. More information here.

PAST EVENTS

Did you miss some events held the last week? The following are still available on-demand:

28 July. Master class: Legal Aspects of Platform Applications (in Spanish), organized by the Intellectual Property Center of the Austral University. Speaker: Darío Veltani.
29 July. Webinar: The Importance of the Role of the Industrial Property Agent in Brazil (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI), the Brazilian Association of Industrial Property Agents (ABAPI), the Brazilian National Institute of Industrial Property (INPI Brazil) and the World Intellectual Property Organization (WIPO). Speakers: Alvaro Loureiro Oliveira (ABAPI), Luiz Edgard Montaury Pimenta (ABPI), Claudio Vilar Furtado (INPI Brazil), and José Graça Aranha (WIPO). Moderator: Paulo Afonso Pereira.
30 July. Webinar: Life Stories: Biopics and Image Rights (in Spanish), organized by the Inter-American Association of Intellectual Property (ASIPI). Speakers: Diana Muller (USA), Gustavo Rodríguez (Peru), and Santiago Mediano (Spain). Moderator: Francisco Pérez Gangotena (Ecuador).
30 July. Webinar: The Fight against Piracy and the Law Proposals on Intellectual Property (in Portuguese), organized by the Brazilian Intellectual Property Association (ABPI). Speaker: Mariana Carvalho (Federal Deputy). Moderator: Gabriel Leonardos (ABPI).