IPTango

Monday, 11 January 2010

Bolivia: tougher sanctions against counterfeit medicines

Patricia Covarrubia January 11, 2010 No comments:

The measure comes after police seizure 40 tonnes of adulterated drugs between December and January. It appears that the majority of counterfeit came from an importer company called ESKE SRL. The said company was selling drugs with expired use dates and in others, it changed expiration dates. Another company was producing counterfeit medicines that were of high consumption. It is reported that the head of the two companies will be prosecuted for crime against public health that has up to seven years jail.

The Minister of Health, Ramiro Tapia, reported that the government will start tracking counterfeit drugs, supported by students in biocheminstry and policemen, and they will do so in all pharmacies in the country.

Why new legislation? Mr Tapia said that the current Medicines Act does not provide tough penalties against those who threaten the public health, which raised the need to change it. "It is important to note that people who distribute adulterated drugs are playing with our lives and therefore the penalties should be more drastic," he said.

Added to this, the national chief of the Drug Unit, Amilcar Rada, said that crimes against public health are mentioned in the penal code in a "very general" way. There is the need to change this law to criminalize smuggling and counterfeiting of drugs, as well as the alteration of expiration dates.

Ecuador: condena al Tribunal supremo electoral como responsable solidario por violación de derechos de autor

Aurelio Lopez-Tarruella Martinez January 09, 2010 No comments:

Alfonso Rivera (Tovar y Bustamante) ha hecho llegar a IP Tango una reciente resolución del IEP en la que, por primera vez en Ecuador, se sanciona a un organismo del Estado (en este caso al Tribunal Supremo Electoral). Al Tribunal se lo considera solidariamente responsable por haber prestado apoyo para la violación de un derecho de autor, al haber pautado en los medios audiovisuales un espacio para transmitir una propagando política que violaba derechos de autor.

Cualquier persona interesada en la resolución puede ponerse en contacto con Aurelio.

Madrid Protocol in Latin America: a nightmare or a dream?

Patricia Covarrubia January 08, 2010 2 comments:

Adam Smith, reporter for the World Trademark Review (WTR), investigates the possible accession to the Madrid Protocol of some jurisdictions in Latin America. In the latest edition of WTR (23), under the title ‘2010: Madrid to expand to Latin America’, the writer embarks into the different issues which surrounds the delay of the accession.

I admire Adam’s attempt to point out many situations in such a small space. He starts the article by comparing this situation as a political football! He focuses in the scepticism of these countries (the article mainly refers to Argentina, Brazil and Colombia) to the benefits that the Madrid Protocol brings. He points out that the accession is seen as a better opportunity for foreign applicants than for national enterprises in foreign markets. This idea is clear when he quoted some Latin American practitioners criticising the protocol as “just another way for big foreign multinationals to exploit developing countries”.

Another point that he tries to cover is that Latin American governments do not recognise the importance of brands and therefore they do not encourage and support local companies to develop and increase the value of branding. I do strongly agree.

Added to the above, he continues by indicating the situation of the IP offices – do they meet the standards and could they handle the work?

An extra to the article is the fact that it refers to the race that these countries appear to have to become the first Latin America country to accede to the Madrid Protocol. However, he mentions that while the governments of Argentina, Brazil and Colombia praise that they are going to be the first one, the idea is tainted by economical and political problems. I may add, who is to come first and at what cost?

A personal note
I would like to ask the following: the majority of IP practitioners realise the benefits of the Madrid Protocol, but is this just an ideology of those more economically developed countries? Certainly, companies will have a cheaper and faster access to named markets. However, as any decision, one needs to measure the pros and cons. In this case, undoubtedly Latin America countries are seen the Protocol as an open door to foreign companies (not for nationals ones). Or, I just wonder, is it that less economically developed countries are distrustful and afraid?

I indeed enjoyed the article and you are more than welcome to read it here.

Mexico: Starbucks may pay for the use of pre-Columbian royalty images

Patricia Covarrubia January 08, 2010 3 comments:

The Mexican government said that it has notified the company Starbucks Corp. for the potential violation of Intellectual Property Rights.

The Mexican Archeological Agency explains that Starbucks is using, in its cups and jars, images of the Aztec calendar and Aztec ruins of Teotihuacan.

Starbucks said in a statement that he regretted "any misunderstanding this may have caused" and said "we are willing to pay the amount for the use of these images." Neither the company nor the government has specified the amount to be paid.

Starbucks said it is working with Mexico to resolve the matter "as soon as possible" and that it temporarily withdrew the cups from their shelves until the matter is resolved.

More information here, here and here.

Bolivian government creates indigenous pharmaceutical

Patricia Covarrubia January 07, 2010 No comments:

The New Herald reports that the Bolivian government will launch a pharmaceutical company with remedies of traditional indigenous medicine. The Health Minister, Ramiro Tapia, informed that they have invested 10 million dollars in this project.

The country already has seen the opening of two ‘intercultural pharmacies’. The pharmacies sell both, common drugs and natural medicines produced from plants and using indigenous knowledge. The pharmacists are also accompanied by healers commonly called ‘kallawayas’.

This decision comes after years of public statements by indigenous groups in Bolivia, Colombia, Ecuador and Peru rejecting intellectual property rights of drug companies because they become richer at the expense of the indigenous resources. They rightly proclaim the defence of their medicinal plants and their ancestral knowledge. (See here and here).

In closing, the protection of indigenous knowledge is something that I support. We perhaps may remember the case when a US university applied for a patent for the use of ‘turmeric’ to heal wounds; or also the case of an American company that sought to register ‘Rooibos’ as a trade mark for tea.

However, we cannot leave aside the importance of the IP system and so, it will be right to educate the Bolivian community on the need of it. Ironically, the government seems to instruct the contrary.

Global Game Jam Internacional 2010 - is this the X factor of the video game production?

Patricia Covarrubia January 05, 2010 No comments:

If you have not heard of the Global Game Jam (GGJ), here is some information that will help to become familiar with it. The GGJ is a 48 hour game development event in which teams of 3-5 people meet to build up a prototype game. The aim of the rally is to promote creativity, experimentation and innovation.

This is the second time that the GGJ is held. It is reported that last year 1600 participants from 23 countries took part; 370 games were created. This year, Latin America has 5 countries participating with a total of 13 locations. The competition starts Friday, January 29 at 5:00 pm till Sunday, January 31 at 3.00 pm.

Just in case you wonder who owns the intellectual Property of these games, well, the GGJ organisation indicates that the makers of the game hold all IP rights. However, the GGJ may use the games for demonstration. What is more interesting is that all participants must agree to a ‘Creative Commons, share, alter, no sell license’ policy. In other words, they can copy, distribute and transmit the work and also they can adapt the work but...they cannot use it for commercial purposes.

For more information click here

Coca-colla picture

Patricia Covarrubia January 05, 2010 1 comment:

Well, I believe that with this picture I make my case!
Many thanks to the anonymous person who sent the link.

Coca- Colla, the Bolivian drink

Patricia Covarrubia January 05, 2010 5 comments:

Last weekend all major Latin American newspapers reported that Bolivia will start producing an energy soft drink made from coca leaves. The name chosen is ‘Coca-Colla’ and it will be presented in a bottle with a red label. If it sounds familiar, wait to hear this. Apparently, the drink is dark, sweet and fizzy!

Clearly the name is similar to the well known ‘Coca-Cola’ but the whole packaging is also similar (trade dress). Will Coca-Cola Co bring an action? Another issue that is in my mind is: will the name be capable of registration as a trade mark? The name is a description of the drink, 'coca' being the main ingredient and ‘colla’ (also ‘Kolla’) being the name by which some indigenous Bolivians are known.

The Bolivian president Evo Morales is supporting the drink since he sees this as part of the industrialization of coca production. Evo Morales’ administration plans to modify Law N° 1008 of the Regime Applicable to Coca and Controlled Substances which limits legal coca cultivation to 12,000 hectares. The Bolivian President is seeking ways to broaden the limit up to 20,000 hectares.

For more information click here,here,and here.

Note: I have yet to find a picture of the bottle for Coca-Colla, so feel free to contact IP Tango if you happen to find one.

Copyright reform in Brazil: challenges of the digital age

Jeremy January 05, 2010 No comments:

In "Copyright Law Reform in Brazil: Anteprojeto or Anti-project?" (Intellectual Property Watch, 23 December 2009), media sociologist Ralf Volker Grassmuck writes in some detail about proposals to reform Brazil's copyright law. According to the abstract,

"A balancing of the rights of authors and consumers, the re-introduction of a private copying exception, a remixing permission and a new regulatory agency for copyright issues are among the core points the Brazilian Ministry of Culture has planned for the new copyright law. But at the Third Conference on Copyright and the Public Interest in São Paulo a month ago, the Ministry emphasised that the bits and pieces shown to the audience were not from an actual law draft (”anteprojeto”) but only a preliminary proposal for formulating such a draft. The bill still has not been published to date. The delay in releasing the bill for public consultation now threatens the work of more than two years on the reform".

He concludes:

"Many ... demands for adequate responses to urgent challenges of the digital age seem to be echoed in the Ministry of Culture’s plans. How exactly nobody knows, until the Ministry finally publishes its draft law and the final round of debate on a balanced copyright for the 21st century can begin. The clock is ticking on the possible success of the reform. Much is at stake - for the future of Brazilian culture, for other countries in Latin America who look to Brazil as a role model and for the world".

Venezuela: violent video games and toys are banned

Patricia Covarrubia January 04, 2010 No comments:

The EFE news agency published a video report on the banning of violent video games and toy weapons in Venezuela. The government of Rafael Hugo Chávez accuses these games of fostering crime.

Venezuela appears to be the first Latin American country to impose a total ban on the "manufacture, importation, distribution, sale and use" of violent video games and toy weapons. Sanctions range from monetary fines ( VEF 110,000 VEF to 220,000 which is approximately USD $50,000 to $100,000) to prison (3 to 5 years). See Articles 13 and 14 respectively for more information. The law may also close some stores, game rooms and Internet cafes.

Other countries have expressed similar concerns about some specific games, but most nations have adopted a rating system to warn parents and users about violent or sexual content. A total ban appears to be out of order.

However, the irony is that the massive illegal sale of pirated video games is not touched. If you watched the video report, after 25 seconds running, you can see two teenagers scattering through a box full of pirated videos. What a shame!

The law can be read here.

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.