IPTango

Tuesday, 12 February 2013

Argentina: online movies...file sharing?

Patricia Covarrubia February 12, 2013 No comments:

We read on an Argentinian newspaper that a Federal Court in Buenos Aires has ruled that Cuevana, an online movies platform, had been under judicial investigation after it received several claims for trade marks and copyright infringement. The action, leading to criminal actions as well, was brought by HBO. However, the appeal court upheld the decision of the trial judge, refusing to grant a temporal injunction to block the site.

The judges believed that the claimant has not established if Cuevana is a site indexing links or contents OR if it is an entity/person that has certain control over the site. In other words, by not explaining clearly to the court the function of this site, i.e. file sharing tech, the court did not have any other choice but to dismiss the action.

Indeed, we are aware of cases in which infringement relating to reproduction of copyright is not present i.e. the site is not reproducing the work as such (see for example the trial case of Pirate Bay in Sweden). If Cuevana operates like ‘BitTorrent’ not files are saved in the central server and it will only function as a library catalogue, thus no reproduction right infringed. The matter will be against the file sharers (surely millions of people). The big question here would be: is Cuevana providing an opportunity to users to infringe copyright? Moreover, what is the role of Internet Service Providers(ISP)?

This blog has previously reported on Cuevana in Argentina and also in Chile. Back in December 2011 we saw a District Court issuing an interim injunction ordering the Secretary of Communications and the National Communications Commission to block "access by any Internet user to the resources of the website known as Cuevana". In Chile, the following year ie 2012 we heard of the imprisonment of one of Cuevana’s administrator (investigation initiated by HBO for infringement of intellectual property right). Mr Alvarez (the defendant) was obligated to destroy audiovisual material, was banned access to the website either as a user or administrator AND it was ordered to make two talks regarding intellectual property rights..

Cuevana apears to have a life on its own...living its own soap opera!

Source La Nacion, Argentina.

Brazil: A blue cheese joins the carnival

Patricia Covarrubia February 11, 2013 No comments:

The Brazilian Journal of Industrial Property issued by the Instituto Nacional da Propriedade Industrial (INPI) has published, on February the 5th, the acceptance as a Geographical Indication (GI) in the form of Denomination of Origin (DO) of Roquefort.

The cheese Roquefort is one of the most world renowned (French) blue cheeses which originates in the region of Roquefort-sur-Soulzon in southern France, matured in underground cellars where the exposure of the fungus Penicillium appears giving the product its uniqueness taste.

Roquefort is protected in the EU [Official Journal L148 21.06.1996; latest Official Journal L257 25.09.2008] and is listed on the Free Trade Agreement between Colombia, Peru and the EU.

Source INPI.

La marca “iPhone” y sus problemas en Latinoamérica

Gilberto Macias (@gmaciasb) February 08, 2013 No comments:

Aunado al caso que ya perdió en México hace unos meses, Apple se encuentra con otro problema para usar su marca “iPhone”, ahora en Brasil.

El problema radica en que una empresa brasileña, Gradiente Electrónica, es propietaria de la marca “iphone” desde el año 2000, es decir, siete años antes de que Apple lanzara su famoso teléfono al mercado. Gradiente comercializa desde hace algunos años un smartphone con la marca “iphone”, el cual, para más inri, funciona con sistema operativo “android”.

Si bien hay que esperar a que el Instituto Brasileño de Propiedad Intelectual (INPI) emita su veredicto la próxima semana (13 de febrero), la verdad es que la cosa no pinta nada bien para Apple.

Todo parece que las opciones de Apple se reducirán a cambiar el nombre en Brasil, opción que veo poco probable, o a desembolsar una importante suma para hacerse con la marca. Opción a la que ya tuvo que recurrir Apple en China para usar su marca "iPad".

Respecto al conflicto existente en México, os informamos que de momento el Juzgado Sexto de Distrito en Materia Administrativa en el Distrito Federal ha negado la suspensión definitiva solicitada por Apple.

Al negarse la suspensión solicitada por Apple, el IMPI no tendría obstáculo alguno para ordenar la imposición y aplicación de medidas cautelares, ya sean provisionales o definitivas, en contra de la compañía estadounidense.

El asunto pinta igual de mal para Apple en México y en Brasil.

Mas información: Cnnexpansion, El Informador, Cnet, Businesstoday

INPI: patents disseminate information

Patricia Covarrubia January 31, 2013 2 comments:

I read with attention some information posted by the Brazilian Instituto Nacional da Propiedade Industrial (INPI) regarding patents. The news broadcast educates the readers about the justification of patents. While the report is quite short – just a couple of paragraphs, it does indeed mentions the 3 functions of patents i.e. to stimulate inventive activity; to encourage investment (and so recovering the investment) and; to disseminate information.

Yet, the info focus more on the latter one, and this can be perceived by INPI's chocen title – ‘Patents provide fundamental information for research’. Then, it explains that a “patent reveals everything that has been invented and thus, allows to depart from the prior art i.e. no need to reinvent the wheel”.

The reason for my consideration in this [perhaps no so fashionable] information is that I have later on noticed how much we are focusing on the economic rights of a patent. At the moment I am revisiting the specs of the IP module that I run and I am making sure that I do spend a little more time in this issue – not just in the introduction of the course but in every single IP right. For example by reading INPI’s report I learned that 70% of the information that is disclosed in a patent are not to be found in any other source – did you know that?

The full report can be read here.

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.,

Colombia slashes official fees, assists local artisans and SMEs

Jeremy January 28, 2013 No comments:

As a result of Colombia's programme of 'democratisation of industrial property', the country's National Patent and Trade Mark Office has issued a new table of reduced official fees. This reduction was effected via a resolution which entered into force on 1 January 2013. According to our source:

Colombian artisans will benefit the most, with a 90% reduction in trademark application fees. Micro and small Colombian companies will benefit from a 40% reduction in official fees for the registration of product and service marks.

The decision to reduce official fees follows studies carried out by the National Patent and Trademark Office, which determined that Colombia was among the four most expensive countries among a group of 50 countries, including European, Latin-American, Asiatic and Middle Eastern countries [it would be good to know the reasoning of the study: countries do not compete with one another in terms of price competition for national trade mark registrations. Is there evidence that the fees constitute a deterrent to obtaining protection? It is usually a lot cheaper to register a trade mark -- even in an "expensive" country -- than it is to litigate it once you have got it].

Foreign applicants will also benefit from the reduction in official fees, mainly with regard to the filing of additional classes within a multiclass application, which will be 50% cheaper than the regular trademark application fee. The official fee for the renewal of trademark registrations has also been reduced by half compared to last year’s tariff, making the maintenance of trademarks a less expensive exercise....

Source: "National Patent and Trademark Office reduces official fees by up to 90%", written by Margarita Castellanos, Castellanos & Co, Bogota, for World Trademark Review, 25 January 2013.

AAAML XI INTERNATIONAL COGRESS - Geographical Indications and Trademarks

Gilberto Macias (@gmaciasb) January 22, 2013 No comments:

The AAAML (@aaaml) has organized its XI International Congress to be held at Parma on 15-16 March, 2013.

The Congress will be focused on a global approach of Geographical Indications and Trademarks in the market place and the latest developments and best practices in EU, USA and China at a glance.

This Congress will provide participants with an overview of international legal framework for Geographical Indications and its relationship with the trademark system. The Congress also focus the EU GIs sui generis systems (agricultural products and foodstuffs, wine sector and spirit drinks) and relevant new Regulation on quality schemes, as well as the new examination practice of Articles 7 (1)(j) and 7 (1)(k) CTMR and the protection of GIs in the CTM system. Enforcement measures of GIs and crucial Case Law will be addressed to provide attendees valuable practical legal tools. The experience of the Groups and related Association will conclude the Congress.

The Consejo Regulador del Tequila will provide the perspective of Latin-American Geographical Indications.

The Congress includes two very interesting visits to a Parmigiano Reggiano PDO dairy and to a Prosciutto di Parma PDO producer.

Evidently this event is a must!! You cannot miss it.

Please take in account that there is an special fee until February 22, 2013. Hurry Up!!!

Complete details here

Contact: aaaml@ua.es

Brazil 2012: economic uncertainty and registration of IP

Patricia Covarrubia January 18, 2013 No comments:

Economic crisis has affected many markets worldwide, and there is of course global uncertainty. This scenario can be reflected in the numbers of application of IP in their respective offices.

In Brazil we learned that patent applications remain high – for both: foreign and domestic patent applications. The Brazilian Instituto Nacional da Propiedade Industrial (INPI) reports that the increase is of 6% compared to previous year (i.e. 2011). Moreover, it states that the “number of applications has been rising since 2010, after the fall observed between 2008 and 2009 due to the first impact of the international economic crisis. Since 2009, the cumulative increase in patent applications is nearly 30%.” INPI clarifies that several factors such as a growth in domestic innovation through research centres (attracting foreigners to the country), and companies, universities and research centres working on innovation. INPI, trying to encourage further application, especially from small and medium enterprises, is preparing to launch the e-patent system this year.

However, the case of applications has not been the same for trade marks. In 2012 INPI saw a decline in the number of applications (negative growth of 2% comparing to previous year). Yet, micro and small businesses, as well as individual entrepreneurs, increased their applications by 30%. INPI explains that the economic crisis has led many businesses “to postpone investment and thereby not launching new products and brands.”

Chile: Charging VAT to mass entertainment

Patricia Covarrubia January 10, 2013 No comments:

The Chilean Culture Committee of the Chamber of Deputies has agreed to ask the government to sponsor a bill to end the tax differences between foreign and domestic mass entertainment.

The proposition is based on the fact that this reality is based on 1974 law which sought to open the international market. According to Deputy Alfonso De Urresti “the law is simply outdated today.” Actors also addressed the Commission of Culture requesting "equal treatment" and "a stronger institutional framework that aims to protect and promote national artistic creation."

Parliamentarians do agree that national artists and creators are at a disadvantage in this area. Finally the news from the Chamber of Deputies (here) reports that the Culture Committee is to establish a “technical committee to discuss this topic, and make a commitment to hold a seminar in March, which is attended by all concerned parties.”

Uh? Are we seen an infringement of an economic right in disguise?

Genetic resources and the debate over legacy

Patricia Covarrubia January 08, 2013 1 comment:

Looking to protect and prevent the illegal use of genetic resources and also to protect traditional knowledge of indigenous peoples, Chile is exploring a Bill introduced in December, 20th 2012 (Bulletin 8751) which seeks to amend the Chilean Constitution.

The Bill explains that countries like Chile which is rich in flora and fauna and moreover, rich in know-how from its peoples, has become imperative in the pharmaceutical, cosmetics and biotechnology industry.

The Bill’s authors also highlight the concept of biopiracy and ask for the Chilean authorities to take a more proactive attitude. In this regards the authors claim that Chile must make his own the genetic heritage of its nation, and that it should be part of the public domain of the Chilean people. It also noted that Chilean genetic heritage should not be patented by other countries and that “any type of use that is made of this national genetic wealth should be given under the Convention on Biological Diversity”.

Source Camara de Diputados de Chile.

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.