IPTango

Monday, 18 August 2008

Data exclusivity in Brazil

Jeremy August 18, 2008 No comments:

The Life Sciences Intellectual Property Review is a new periodical published by Newton Media. The first issue contains an article by Otto Banho Licks (Momsen Leonardos & Cia, Brazil) on developments in Brazil concerning the enforcement and infringement of IP rights in pharma products, looking particularly at the position regarding data package exclusivity rights. The author explains the context of TRIPs Art.39(3), its implementation within Brazil and the controversial activities of the governmental agency responsible, the Agência Nacional de Vigilância Sanitária (ANVISA).

Mind what you do with that Tequila ...!

Jeremy August 15, 2008 No comments:

Today's issue of the International Trademark Association's INTA Bulletin (vol.63, no.15) carries an update on appellations of origin and geographical indications in Mexiso by Mexican lawyers Ignacio Domínguez-Torrado (Uhthoff, Gomez Vega & Uhthoff), Jose-Juan Méndez (Alegría, Mendez & Fernández Wong) and Juan M. Alvarez del Castillo V., Cervantes (Aguilar-Alvarez y Sainz). This note explains the current legislative position, describes the interface of appellation and GI protection with domestic trade mark law and lists the 14 appellations of origin that are at present registered and in force in Mexico:

TEQUILA
MEZCAL
SOTOL
TALAVERA
MANGO ATAULFO DEL SOCONUSCO DE CHIAPAS
CAFÉ PLUMA
CAFÉ CHIAPAS
CAFÉ VERACRUZ
OLINALA
AMBAR DE CHIAPAS
CHARANDA
VAINILLA DE PAPANTLA
TEHUACAN
BACANORA

Open source, piracy and affordable products

Jeremy August 15, 2008 No comments:

Business News Americas carries an interview with Ian Wenig (Senior Director, Zoho) on software as a service in Latin America. This feature discusses the benefits of using open source and free software as the basis for business models, rather than following the traditional route of developing and IP-protecting one's own proprietary software. When asked about software piracy in Latin America, Wenig had this to say:

"... There's always going to be piracy, [but] if you bring affordable products into the market or the cost is right people will respond to that ... With the productivity tools and business apps that are crucial to management of company data, people are willing to pay for it".

Generic drugs surge in Brazil as patents expire

Jeremy August 13, 2008 No comments:

PR-Inside has published a note on Generic Drugs Market in Brazil (2007-2011), a Companies and Markets report. The report itself mentions that emerging economic power Brazil is stamping its identity strongly upon the generic drugs industry, and that major generic players are heading to Brazil to make and sell their drugs there.

The generic drugs market was valued at over US$ 1 billion in 2006, aided by the expiration of patents governing several blockbuster drugs and government policy that generics should be prescribed wherever possible. Although the market is currently still dominated by local generic manufacturers; however, foreign firms are rapidly gaining ground.

IP in Chile: a handy summary

Jeremy August 12, 2008 No comments:

The IBLS Internet-Law News Portal has recently posted a useful English-language summary by Martha Arias of Chile's Industrial Property Law 19.039 of 1991. This article touches on the background to the law, its structure, the extent to which it is supplemented by other laws and its compliance with international treaties. After a summary of the procedure for obtaining intellectual property rights in Chile, there is some brief guidance concerning the registration of commercial brands and patent applications.

Brazil's success in branding agri-products cited

Jeremy August 11, 2008 No comments:

Writing in BrandChannel this week, Randall Frost ("Emerging Nations Cultivate Agricultural Brands") discusses the branding of agricultural produce. In this context the success of Brazil in branding its coffees and wine products is specifically mentioned. Says Randall:

"Of the developing countries, Brazil has one of the most advanced agricultural branding programs. ... in addition to the country’s promotions for Brazilian coffee, there are also branding programs for Brazilian beef, Brazilian fruit, Brazilian chicken, and wines from Brazil".

Most importers of such products have up till now been other developing economies, since tariffs and trading barriers have given the country little opportunity for its brands to penetrate some of the most highly developed markets.

Argentina opts for regulated tourism subdomain

Jeremy August 08, 2008 No comments:

In June of this year NIC Argentina, the organization responsible for Argentine domain name regisrations, announced the launch of the new .tur.ar subdomain for tourism-related registrants. This followed the signing of an agreement between the National Tourism Secretary and the ministry that is responsible for NIC Argentina). The .tur.ar subdomain is expected to appeal principally to travel agents, tour operators and other Argentina-registered professional bodies involved in the tourist industry. Specific regulations will apply and foreign companies seeking to use the subdomain will need to provide proof of local presence [source: David Taylor, Lovells LLP, Paris, writing in World Trademark Report].

Costa Rica signs up for TLT

Jeremy August 07, 2008 No comments:

By TLT Notification No. 48 the World Intellectual Property Organization (WIPO) has announced the deposit by the Government of the Republic of Costa Rica of its instrument of ratification of the 1994 Trademark Law Treaty. This treaty enters into force with respect to Costa Rica on 17 October 2008. The full list of 41 contracting parties (including Costa Rica) can be read here.

Chile pharma buoyant, but IP lags behind

Jeremy August 05, 2008 No comments:

According to the latest Market Watch forecast, the Chilean pharmaceutical market has grown by a robust 14.8% in US dollar terms in 2008 and by 9.2% in local currency terms. The report, which is mainly upbeat, concludes on a depressing note for IP:

"Whatever the challenges facing the current government, Chile remains a relative oasis of clean governance, stability and economic openness and has ratified Free-Trade Agreement (FTA) with the US. Nonetheless, for the research-based pharmaceutical industry, the intellectual property (IP) environment remains deficient".

IMPI rules on time limits for TM cancellation actions

Jeremy August 01, 2008 No comments:

IMPI, the Mexican Institute of Industrial Property, has issued a series of decisions that impose time limits on cancellation actions, taking the view that an action for trade mark cancellation must be brought within a time limit of five years where it is alleged that the mark in question is confusingly similar to another mark. These decisions, which seek to clarify the law and avoid the risk of abuse of rights, are pending appeal before the Mexican federal courts [source: Roberto Arochi, Arochi Marroquín & Lindner SC, Mexico City, writing in World Trademark Report].

Some IPTango moves

* Listed as one of the "Best blogs on Intellectual and Industrial Property Law". The University of Alicante Intellectual Property & Information Technology Project (UAIPIT).

* One of the only two Latin American blog listed in the "Top 100 Intellectual Property Blogs". Feedspot, as of May 2021.

* Listed as one of the "Top 15 Blogs For An Intellectual Property (IP) Enthusiasts". Buzzfeed.com, January 2017.

* Listed as one of the "World's Best IP Blogs". BananaIP.com, December 2015.

* IPTango founder Professor Jeremy Phillips was listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.

* Listed as one of the "Influential intellectual property blawgs". A Dictionary of Intellectual Property Law, Peter Groves, 2011.

* Listed as one of the "Communities of Blawgers". Los blogs jurídicos y la web 2.0. para la difusión y la enseñanza del derecho, Gonzalo Ramírez Cleves, 2010.