ASIPI News # 4
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November 23, 2016 | No.4
ASIPI participates in the  XXXVI Intellectual Property Congress of ABPI

ASIPI participated in the XXXVI Intellectual Property Congress of the Brazilian Association of Intellectual Property (ABPI), held from August 28 to 30 at the World Trade Center in Sao Paulo, Brazil.
Prior to the formal opening of the Congress, the Executive Committee of ASIPI met for two days to give a report of the activities that have taken place and to follow up the goals and projects that have been forged in this first year of work. They verified the made progress and set new goals.
ASIPI participated as one of the exhibitors at the Commercial Exhibition of the event. During the conference, the Stand received visitors from all countries represented, who showed great interest in the work of ASIPI, its history and its projects.
Following the active participation of ASIPI in the Congress, Maria del Pilar Troncoso participated as a speaker in the Plenary IV of the event, entitled "Exclusion of Protection Expressions Common Use", where she addressed the topic in relation to brands from the Latin American view.
 

ASIPI present in Cuba for PCT Seminar for Latin America
 

Maria del Pilar Troncoso, President of ASIPI, participated in the "Seminar on the Patent Cooperation Treaty (PCT) for Latin America: the PCT to the service of innovation policies", held from September 5 to 7 at the Hotel Capri in Havana, Cuba.
The meeting was organized by the World Intellectual Property Organization (WIPO) in cooperation with the Cuban Intellectual Property Office (CIPO) and with support from the Trust Fund in WIPO Spain (FIT-IS). It sought to continue the culture of tracking events on the implementation of PCT and the challenges involving patent procedures in Latin American countries.
 

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ASIPI at the Work Sessions of the Bolivian Association of Industrial Property
 

ASIPI was present at the First Work Sessions of Intellectual Property, organized by the Bolivian Association of Intellectual Property, with the support of ASIPI and the Bolivian-German Chamber, on September 9 in La Paz, Bolivia.
The main topic of this event was the  "Violation of Intellectual Property Rights in the Andean Region".
Jorge Chavarro, Director 1 of ASIPI, made a presentation on the action for violation of IP rights in Colombia.
For this Work Sessions,  the National Intellectual Property Service supported the event by sending as speaker to Mr. Ernesto Flores, lawyer and official of the SENAPI, head of the Department of Violation, who gave an overview of how SENAPI manages infringement cases, including the obstacles and problems faced in their actions, due to lack of support.
As members of the Bolivian Association of Intellectual Property and ASIPI, Ms. Perla Koziner from Bufete Aguirre,  referred to the problems and realities of infringement procedures in Bolivia, and Mr . Edwin Urquidi from the firm Urquidi Rojas, addressed the legal scope of the distinctive signs, speaking specifically of the features that they should have to be considered infringed rights and which is the extent of rights on those signs.
With an audience of about 40 people, the event ended after a round of questions and conclusions by Mr. Ohnes, President of the ABPI and Martha Landivar, Delegate of ASIPI.

 
ASIPI at the 2016 World Congress of AIPPI

 

Maria del Pilar Troncoso and Elisabeth Siemsen, President and Vicepresident 1 of ASIPI, participated in the 2016 World Congress of the International Association for the Protection of Intellectual Property (AIPPI), held from 16 to 20 September in Milan, Italy.
Prior to the formal opening of the event, it took place a meeting with Non-Governmental Offices (NGO), where organizations reported on the projects currently worked and addressed the issues of interest for all the present entities.  ASIPI followed up on its progress regarding the Joint Statement on Plain Packaging Measures and confirmed its interest to work on this and other projects with other entities.
The academic program was divided into several themes: General IP, Pharmaceutical, Patents, Copyrights/Trademarks and High Technology. Within these, interesting topics were addressed, such as “Computer implemented technologies: Patentable?", "Antitrust and Pharma: Seeking a balance" and, "Patents: Prioritizing the rights of priority".
Continuing ASIPI’s participation in the Congress, Maria del Pilar Troncoso and Elisabeth Siemsen, had the opportunity to converse with Mr. Felipe Claro, current president of AIPPI, and Mr. Hao Ma, next president of the same Association.
The event served as an excellent opportunity to strengthen ties between the two associations, and to advance our projects together.
 

ASIPI participates in conference "Pacific Alliance: recent developments in Intellectual Property"

Jorge Chavarro, Director 1 of ASIPI participated in the conference titled "Pacific Alliance: recent developments in Intellectual Property" held at the Marriott Hotel in Bogota on Tuesday September 13th. This activity was organized by the World Intellectual Property Organization (WIPO), and the Superintendence of Industry and Commerce (SIC) of Colombia.
The event sought to glimpse the progress made by the Pacific Alliance regarding the work related to Intellectual Property in the region. For this, the academic agenda included sections that discussed the innovation landscape of IP at the global and regional level, the current challenges of the IP system, among others.
Within the framework of the conference, Jorge Chávarro attended a luncheon organized by WIPO and the SIC, where he conversed with Mario Matus, Deputy Director General of WIPO, José Luis Londoño, Deputy Superintendent for IP at the SIC, Miguel Angel Margain, Director General of the Mexican Institute of Intellectual Property (IMPI) and Maximiliano Santa Cruz, Director General of the National Institute of Intellectual Property (INAPI) of Chile. The meeting proved to be extremely productive, where these institutions showed great interest in the work done by ASIPI and its future projects.
Similarly, the encounter served to strengthen the close relationship between the institutions, and to open discussions for future work together.
ASIPI present at the Advisory Council of the Postgraduate Program in Intellectual Property of the University of los Andes of Venezuela
 
We have been invited by the Coordinator of the Postgraduate Program in Intellectual Property of the University of Los Andes (ULA), Ms. Astrid Uscategui, to participate through our National Delegates in the Advisory Council of the Postgraduate Program for a period of two years; to advise on the strategy and development of various graduate programs; promote communication between national and international organizations; public or private; in order to gain support for the development of their objectives and activities; consider and comment on projects and proposals submitted for consideration by the Board of the Graduate Program; by the Coordinating Body, learn about the annual report presented by the Coordinator of the Graduate Program; among others.
ASIPI Seminar-SENATE of PARAGUAY on the "Law on Access to Public Information and Intellectual Property"
 

The Inter-American Association of Intellectual Property (ASIPI) and the Committee on Industry, Trade and Tourism of the Senate of Paraguay, jointly organized the seminar on "Law on Access to Public Information and Intellectual Property", an event held in Asuncion on Tuesday, October 25 in the Hall of the National Congress, which was attended by over 70 participants.
The event was opened by Senator Arnaldo Giuzzio, president of the Committee on Industry, Trade and Tourism. Patricia Stanley (National Director of Intellectual Property (DINAPI), and Raquel Toñánez (ASIPI Delegate) also atended the welcome ceremony. 


 
Secretary and National Delegate at the Commission of Science, Technology and Innovation of the National Assembly

On August 23 our Secretary Luis Alejandro Henriquez and National Delegate Jacqueline Moreau Aymard were invited to participate in the session of the Commission on Science and Technology of the National Assembly; along with the entire team that is currently reviewing a new project to reform the Industrial Property Law in Venezuela.
ASIPI, through its national representatives, seeks to have an active participation to support the Commission in all matters relating to the rules governing industrial property in the countries of the region; and for this purpose, submitted copies of the laws of Industrial Property of Argentina, Brazil, Colombia; Costa Rica; Chile, Ecuador, El Salvador, Guatemala, Peru, Dominican Republic, Uruguay; mentioning that in countries such us Colombia, Ecuador and Peru beyond applying the Andean decisions, have created a series of regulations and supplementary regulations applicable to their respective countries.
In this sense, our National Delegate is currently participating in various meetings of the Commission.
ASIPI participates at AIPLA´s Annual Meeting
 
Luis Henriquez, Secretary of ASIPI, was present at AIPLA´s Annual Meeting, which took place from October 27 to 29 in Washington D.C. At that meeting, he had the opportunity to talk with Denise DeFranco, Past President of AIPLA and its current President, Mark Whitaker, contributing to strengthen ties between the associations to identify projects of mutual interest.

ASIPI celebrates the round table “The risk of trademark confusion” in Santiago de Chile

ASIPI, in collaboration with the National Institute of Intellectual Property (INAPI), successfully celebrated on Friday, November 4th, the round table entitled “The risk of trademark confusion”, which was held in the facilities of the INAPI in Santiago de Chile.

The activity focused on assessing the scope of the concept of association risk in Chilean law, which has not been recognized by jurisprudence in the country. The opening remarks were provided by Rafael Covarrubias, Vice President 2 of ASIPI and Maximiliano Santa Cruz, National Director of INAPI.

The academic exhibition was developed by Mrs. Carolina Belmar, Assistant Director of Trade Marks, Geographical Indications and Denominations of Origin of INAPI, Mr. Rafael Pastor, President of the Industrial Property Tribunal (TPDI) and Mr. Alfredo Montaner, specialized lawyer in Intellectual Property and active member of ASIPI., Noëlle Jeanneret, National Delegate of ASIPI for Chile, participated as moderator.

Those present showed great interest in the theme and the exhibitions, which enriched the debate in the Q&A section.

Thanks to the favorable response of the participants, currently both institutions are in talks to replicate the experience with new issues, in the first semester of next year.

ABOUT OUR WEBINARS
"Walking down the fashion catwalk - Fashion and Intellectual Property Law"
 
This Webinar was held on September 8 by Susy Bello Knoll as moderator and Juli Gutierrez, Annalucia Fasson and Pamela Echeverria as speakers, with the participation of 104 people.
Susy Bello Knoll gave a general presentation about the Law of Fashion. She indicated that fashion is part of the culture, which expresses the time in which we live and our individuality. She noted that many scientists have taken fashion as an object of study but that Law has not sufficiently studied this industry, considered as one of the most aspirational, dynamic and productive in the world and that operates not only as a cultural phenomenon but as highly complex business. As a creative industry, fashion, involves intellectual property as one of the most important legal issues, but not the only one. Therefore, she gave an overview of the industry performance and reflected on other areas of law involved.
Juli Gutierrez Zanelli spoke about the Intellectual Property and the Law of Fashion: Intellectual property is one of the main comparative advantages for companies involved in the fashion industry, because it goes hand in hand with innovation and original creative expressions. Given this, the presentation described some of the elements of intellectual property that may represent valuable intangible assets for these companies and their protection mechanisms. Practical examples and practical advice complemented this presentation.
Annalucia Fasson addressed “What is Fashion Law? Main Movements Fast Fashion, Slow Fashion, Sustainable Fashion and Upcycling”.
She told participants about the new specialization of law called "Law of Fashion or Fashion Law", expressing the different branches of law applied and especially focused on this industry and making them aware that the fashion industry needs a specific legal advice given the unique characteristics of this business. Also, in the second part of her presentation, she explained the main selling strategies that are currently using and/or promoting the Fashion retaileres, fashion designers and others related to this industry such as Fast Fashion, Slow Fashion, Sustainable Fashion and Upcycling and how these movements are intrinsically related to the law of fashion, requiring specific legal advice for development and/or growth.
Pamela Echeverria spoke about "Luxury brands": "The luxury market is major within the fashion industry. Thus, to understand how it works, it is necessary to do a sociological analysis of its main aspects, within you may highlight consumers´ motivation: why they buy, what motivates them, what they look for in a luxury brand. Thus, in return, these features are presented as a challenge in order to properly protect the trademark rights of companies in the sector, and then it is essential to review some concepts of intellectual property. By way of introduction, they were raised and developed guidelines in relation to known trademarks, trade dress, secondary meaning and non-traditional marks ".
The panel closed with a varied and interesting number of questions from the audience, which the panelists answered in detail and with great knowledge.
"The Regulatory Councils: the conformity assessment and its importance in control schemes and associated traceability"
 
On October 26, it took place the Webinar "The Regulatory Councils: the conformity assessment and its importance in control schemes and associated traceability" with Lic. Ramon Gonzales, Director General of the Tequila Regulatory Council, as speaker.
Lic. Gonzalez Figueroa, explained about the appellation of origin Tequila, the first one granted issued in Mexico in 1974, which later began gaining recognition before WIPO, and in 1993 the Tequila Regulatory Council was created. Protection on the appellation of origin covers 181 municipalities of 5 states of the Mexican Republic.
 
 The elements of the protection of the appellation of origin Tequila, i) the declaration of protection by the state, which owns the name, ii) the Mexican Official Standard for Quality Tequila, and iii) Tequila Regulatory Council which is the assessment body.
The main objectives of the Regulatory Council is i) verify and certify compliance with the Official Mexican Standard, ii) Safeguarding the DOT in Mexico and abroad; iii) Ensure consumers the authenticity of Tequila and iv) generate timely and accurate information, useful for the agave-tequila production chain.
The Tequila Regulatory Council is divided into 4 sections: the producers of tequila, the producers of agave (raw material); packagers and marketers and government authorities (health, field, industrial property, economy and consumer protection)
The Tequila Regulatory Council has a control of traceability and authenticity of the product from the field to the packaging and marketing, taking actions at the level of field control, control in manufacturing processes and packaging and marketing.
The Tequila Regulatory Council exercises the international protection of the Appelation of Origin Tequila through its 4 offices in Washington, Madrid, Geneva and Shanghai.
The Tequila Regulatory Council fulfills three main actions for strengthening the DOT based on conformity assessment i) DOT protection policy at national and international levels; ii) National and International Cooperation and iii) Presence in national and international forums and events. In addition, it has launched other actions such as the creation of the National Association of Appellations of Origin of Mexico, belonging to the international network for GIs' OriGIn, and maintains strategic alliances with various councils and agency around the world. In addition, it carries out various actions to combat illegal products.
Mexico currently produces approximately 230 million liters of Tequila, which sends 70% of production to more than 100 countries worldwide.
WHAT HAPPENS IN THE REGION

 

  • There is a new appellation of origin in Mexico called Cacao Grijalva.
Here the document published in the Official Gazette
  • Indecopi awards tenth Apellation of Origin Cocao Amazonas Peru, which will contribute to the economic development of more than 1,200 producers.

NEXT EVENTS

We invite you to visit our website to find all the information of our XIX Work Sessions and Administrative Council.

http://buenosaires2016.asipi.org
This is our last newsletter for the remainder of 2016, and we will be back in February 2017 with more news. We hope you have enjoyed this publication and any suggestions are welcome.


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