IPTango

Thursday, 29 July 2010

More on patentability of medicines from Brazil

Patricia Covarrubia July 29, 2010 1 comment:

Few days back we brought you the news that INPI was debating with other sectors (pharmaceutical, non-profit organisations, education, among others) the criteria of patentability in the field of medicines.

Today, the INPI web page published that the meeting was to provide technical guidance for examining patents in the pharmaceuticals segment. According to INPI, “guidelines for the technical examination of patent applications are dynamic and try to adapt to changing technology, based on the Law of Industrial Property, LPI 9.276/96.”

Among the issues discussed were: conditions for patentability; Markush formula; Patents selection; polymorphism; second medical use; compositions / formulations / combinations; and isomers.

BRAZIL: Push-INPI update

Patricia Covarrubia July 29, 2010 No comments:

The new system recently put forward by the Brazilian Instituto Nacional da Propriedad Industrial (INPI) which allows monitoring proceedings via e-mail has reached 12000 entries in only a week (earlier post here). According to the INPI web page, the numbers of entries is over 10% of all trade mark applications received by INPI each year.

Hopefully this is an indication that people is finding the system easy and reliable and not just using it for being novel.

A trade mark that is contrary to public order/morality – is there really an objective test?

Patricia Covarrubia July 28, 2010 3 comments:

The company MAPA GMBH GUMMI UND PLASTIKWERKE requested the registration of the word mark ‘Billy Boy’ and a picture mark (stylized phallic shape) to the Argentina National Register of Industrial Property (INPI). The mark was applied to ‘hygienic rubber articles, particularly condoms’ but subsequently it was reduced to apply only to condoms. INPI to refused registration based on Article 3, subsection e) of the Trade Marks Act 22.362, after considering that the logo was contrary to morals and good customs.

MAPA GMBH GUMMI UND PLASTIKWERKE filed a lawsuit requesting the revocation arguing that the decision was based on an assessment which is subjective. Therefore, the decision did not reflect the current social acceptance around sex. The trial judge dismissed the action considering that the logo was distasteful, inappropriate and obscene.

The plaintiff appealed and the Division II of the Court of Appeals in Civil and Commercial Federal overturned the decision on the grounds that in today's society sex is no longer a taboo. Therefore, the court considered that it should apply a less restrictive approach to determining what is immoral or obscene. Moreover, as the good was a prophylactic, it was reasonable to use that drawing.

In their vote, Dr. James Bernard Kiernan, said that "the criterion for obscenity is confused and imprecise". He continued explaining that in to determine if the logo in question was obscene, they needed to consider that the world is globalised with regard to sex. He added that sex problems have a broad educational and social treatment. On this basis, the vote to which Dr Guarinoni and Dr Gusman adhered, the magistrate found that the figure in question "raises no sexual thoughts or desires beyond the natural, organic and convenience of using a condom for obvious reasons prevention of venereal diseases and AIDS.”

I believe therefore, that what the judges agree with was that morality varies according to time, era, and education. Yet, a subjective test, don’t you agree?

The full text of the case can be found here.

MEXICO: IMPI realiza visitas de inspección

Gilberto Macias (@gmaciasb) July 28, 2010 No comments:

SOMEXFON nos informa que el IMPI ha realizado diversas visitas de inspección para verificar las autorizaciones correspondientes a la “música grabada” ejecutada comercialmente.

El objetivo que persigue el IMPI con dichas visitas es verificar que los restaurantes y bares, así como otros establecimientos y/o negocios, cuenten con las autorizaciones correspondientes para el uso legal de fonogramas.

En busca del respeto y cumplimiento de los Derechos de Propiedad Intelectual en México a través de la puesta en marcha de una campaña en contra de las violaciones a los derechos de los productores de fonogramas, el IMPI realizó durante el periodo enero-junio del año en curso 105 visitas de inspección y de verificación a establecimientos y negocios en las ciudades de Puebla, Distrito Federal, Monterrey, Querétaro y el Estado de México.

Aquí encontrarán más información sobre las visitas realizadas.

Y aquí se puede consultar el texto del convenio de colaboración IMPI-SOMEXFON.

Brazilian Copyright Law for public consultation - new deadline

Patricia Covarrubia July 27, 2010 No comments:

The public consultation for the reform of the Copyright Act will be open until August the 31st. The initial period of 45 days will end on July 28 and this was extended to expand the opportunity for participation.

Since June 14th there has been more than 1200 contributions submitted. According to the Ministry of Culture, the most addressed issues are: Article 1 which deals with the purpose of the Act; Article 41 which deals with the economic rights time limit; and Article 46, regarding the limitations to copyright.

Therefore, the Ministry of Culture Mr Jesus Ferreira believes that this new deadline will allow bigger participation. "We chose consulting because we believe it will help the government improve the text. We see this tool as a continuation of a democratic process that began almost eight years and has involved all interested parties, he said.

At the end of the consultation, the text will be redrafted based on the proposals. There is no deadline for the Executive to submit the project to the Congress.

Brazil discusses patentability of medicines

Patricia Covarrubia July 26, 2010 2 comments:

On the 23th of July, the Brazilian Instituto Nacional da Propriedade Industrial (INPI) opened a debate regarding the criteria of patentability in the field of medicines. The meeting was attended by ALANAC (National Association of Pharmaceutical Laboratories), ABIFINA (Brazilian Association of Industries of Fine Chemistry, Biotechnology and their Specialties), FIOCRUZ (Institution for Research and Development in Biomedical Sciences – Rio de Janeiro, Brazil), and UFRJ (Universidade Federal do Rio de Janeiro ). Also, representatives of national laboratories attended the debate.

Let’s wait and see if something comes out from this debate.

Good news from Brazil

Patricia Covarrubia July 24, 2010 No comments:

On July 16th, the Instituto Nacional da Propiedade Industrial (INPI) of Brazil launched the system Push-INPI. This system also employed in various Brazilian courts, is used to facilitate the monitoring of processes. Users will utilize a login and password, already registered in the e-INPI, and will register the processes that wish to track. After this, users will start receiving at their e-mail address the changes in processes, including dates and orders. Also, the full contents will be accessed via the Internet at Revista Eletrônica da Propriedade Industrial (RPI).

The other good news that comes from Brazil is for those wishing to apply for Geographical Indication. One of the requirements for registration is that of the delimitation of the area. Now it is possible to do so through online databases and with approval from the Instituto Brasileiro de Geografia e Estatística (IBGE). With this objective, the IBGE is training specialists in the area of Geographical Indications at INPI to make them familiar with the system and to guide users. By using data from the IBGE, the division will be more accurate and users can check if a given territory has a special area, indigenous lands and facilities for environmental preservation.

Free software – the International Forum

Patricia Covarrubia July 21, 2010 No comments:

Since 2000, the International Free Software Forum (FISL) gives participants a political discussion, social and technical advice on free software. The official opening of the 11th International Free Software Forum will run on July 21st through July 24th 2010 in Porto Alegre, Brazil.This event is considered the largest gathering of open source communities in Latin America and one of the world largest.

The forum launches its 11th edition combining lectures, discussions and news about open source software. On its stand, Dataprev promote mini-courses on topics such as digital television, digital transmission and searching of content on intranets. Besides workshops, there program contains153 lectures.

Institutions that have already confirmed their presence in the forum are: Petrobras, Banco do Brazil, Caixa Economica Federal, IG, UOL, HP, SAP, IBM, Senac, Federal Service of Data Processing (Serpro) and Ministry Science and Technology, among others.

For more information click here.

The Brazilian Council of Cultural Entities gives its opinion

Patricia Covarrubia July 21, 2010 No comments:

As announced recently on this blog, Brazil unveiled its Copyright reform proposal. This proposal for the revision of the Copyright Law is running a public consultation and on July 19th the Minister of Culture received the first formal document from the Conselho Brasileiro de Entidades Culturais (CBEC).

The CBEC claims to be ‘an entity that brings together artists from music, theater, dance, circus, visual arts, film and hip hop.’ For one week, its members have discussed and worked on the draft proposals.

The content of this document
The CBEC starts by thanking the Goverment’s initiative to make the issue of copyright in a public consultation and so hearing what artists have to say and claim. It continues explaining that there are laws that regulate the interests of workers and enterprises and there are others that protect consumer rights. Therefore, the CBEC wants to help to improve a law with respect to its rights as creators. A law, according to the entity, that can recognise and appreciate the contribution that artists bring and so, enabling their works to reach the public and preventing entities and corporations to exploit, in an unreasonable manner, their work.

The document contains 7 pages. By the first page one can notice the artists’ frustration against the companies and enterprises rather than the illegal use, by consumers, of pirated music/videos and so on. The documents is divided into four points and it is written in Portuguese (believe me I have tried my best but I guess that my days (or dates!) in high school were more important than another foreign language lesson).

The points are: assignment of rights, licensing and use of venue by holders of copyright and related rights; non-voluntary licenses and the role of the Government; the office for collection – gathering contributions- and associations of management; and final observations.

The full text can be found here.

IP success and opportunity - INDECOPI assures the quality of its service

Patricia Covarrubia July 20, 2010 No comments:

The international firm Lloyd's Register Quality Assurance (LRQA), a world leading provider of business assurance, after a rigorous evaluation, granted re-certification of Quality System to the National Institute for the Defence of Competition and Intellectual Property Protection (INDECOPI).

INDECOPI has had this certification since July 2000. This has been renewed every three years from that date. The last renovation took place in September 2009. The assessment to renew the certification of its Quality Management System is based on ISO 9001:2008. This is an international-recognised quality management certification which focuses on customer satisfaction, process management and measurement, continual improvement and greater top management involvement – in one word, it certified business quality.

Therefore, INDECOPI has demonstrated its interest in the continuing improvement in the quality of services offered to the public. The certification includes 29 services that the Institution offers including: registration services for IP, dispute settlement committees in cases of unfair competition; care centre information and documentation, information and resolution of claims; analysis of ‘pisco’; among others.

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.