ip articles

Domain names and trade disputes resolution in Argentina

By Moeller IP Advisors

Cybersquatting, the practice of registering domain names using a small variation on a trademark’s name, has been on the rise in South America in the last years. Argentina makes no exception. In the country, registering a ccTLD domain name with the extension .com.ar, .org.ar, .net.ar etc. was free until 2014 – certainly a strong incentive to cybersquatting practices. Indeed, it was common for some users to register a large number of domains trying to resell them to the legitimate trademark owners. It is particularly notable that until 2013, almost the 70% of all domains registered in Argentina were left inactive – probably waiting for someone to pay for them.

The Argentine Legal Framework

Recently, Argentina tried to tackle the issue of cybersquatting through a series of resolutions, of which 3 are particularly worth mentioning.

Resolution 654/2009, enacted by the Ministry of Foreign Affairs, Trade and Culture, established the first system of domain name dispute resolution.  Until then, it was only possible to file a claim to a civil court and ask for damages if the party legitimately owned a trademark. The Resolution provided that the trademark owner could file an administrative claim to the NIC, the …

Rules for Labelling and Advertising Food and Beverages in Mexico

By Moeller IP Advisors

In the last years, Mexico has been facing a rise in health issues connected to poor diet and drinking habits. According to the National Health and Nutrition Survey 2006, hypertension increased of 25% in the previous six years, while data from the OECD shows that in 2015 a whopping 30% of the adult population was obese. According to a research by the WHO, diabetes was the leading cause of death in Mexico in 2016: the population that died to diabetes has tripled since 1990, and by 2050, it is predicted that half of Mexicans will suffer from the disease. Finally, the WHO also shows that alcohol consumption appears to have been on the rise in the last 40 years – leading to an increase in alcoholism and related diseases.

The Ministry of Health has been trying to reduce the impact of nutrition-related chronic diseases by enacting a complex legal framework to ensure that consumers receive transparent information in connection with the sale of food and beverages.

The regulatory efforts have been especially focused on regulating the information contained in advertising and products labels.

The Standard Rule for Food and Non-Alcoholic Beverages

In 2014, the Federal Commission …

Venezuela PTO Faces Difficult Future

By Moeller IP Advisors

Dear Clients and Associates,

The Venezuelan Association of Industrial Property Agents (COVAPI) has issued a statement related to the suspension of services of the Autonomous Services of Intellectual Property (SAPI), who since August 28, 2018 has decided to temporarily and unilaterally suspend the provision of their usual services.

Below the text of the statement:

TO OUR ASSOCIATES, COLLEAGUES AND OTHER USERS OF THE INTELLECTUAL PROPERTY AUTONOMOUS SERVICE (SAPI)

The Venezuelan Industrial Property Agents’ Association (COVAPI) hereby informs its members, colleagues and general public that the Intellectual Property Autonomous Service (SAPI), as of August 28, 2018, has suspended to render services, motivated by certain “internal affairs”, pursuant to various official notifications issued by the entity.

This suspension of services prevents the submittal of any trademark, patent and/or copyright application, notwithstanding the fact that there are three (3) IP Bulletins currently in force which generate several recourses that must be actioned by the owners of these intangibles and who are unable to do so, thereby negating their right of defense and request for protection of their intellectual rights.

COVAPI has already sent a communication to the competent authorities expressing its concern upon the climate of uncertainty and lack …

IP5 pilot project on collaborative search and examination under the PCT

By José Santacroce, Head of Patent Department

On the EPO online Official Journal dated May 2018, the IP5 pilot project on collaborative search and examination under the PCT was announced.

All relevant details about said pilot project, which will start on 1 July 2018, are indicated below:

I. Concept

1. Following the first two pilot projects on collaborative search and examination (CS&E) under the PCT, which were conducted by the European Patent Office (EPO), the Korean Intellectual Property Office (KIPO) and the United States Patent and Trademark Office (USPTO) in 2010 and 2011-2012 respectively, the EPO, the Japan Patent Office (JPO), KIPO, the State Intellectual Property Office of the People’s Republic of China (SIPO) and the USPTO (the IP5 offices) are set to operationally launch a third CS&E pilot project. The aim of this pilot project will be to further develop and test the CS&E concept amongst the IP5 offices and, in particular, to assess user interest in CS&E products and the expected efficiency gains for the offices.

2. The concept of CS&E under the PCT refers to the collaboration of examiners from different international authorities in different regions and with different working languages on one international application for the …

The state of Innovation in Mexico: the role of patents

by Moeller IP Advisors

In the prestigious Bloomberg’s 2017 Innovation Index published last year, Mexico failed to rank among the first 50 top countries. Brazil and Argentina ranked respectively 46th and 49th.

The index is developed on the basis of benchmarks that include spending on research and development, manufacturing, the presence of hi-tech companies and of course, the number of patents filed in the country within the year. From a legal point of view, this last aspect is particularly worth analyzing.

Patents filed in Mexico and the role of Patent Prosecution Highways

In the period 2011-2015, 79019 patent applications were filed, according to data released by the IMPI, the Mexican Intellectual Property Institute. Only around 8% of all the patent applications came from Mexican applicants, a number that is particularly striking if compared with China, where 85% of the applications in the country are filed by Chinese applicants.

In practice, in Mexico, there was one patent application per 100,000 inhabitants per year, while in China there was an average of 50 applications per 100,000 inhabitants per year.

Patent applications in Mexico come especially from public educational and research centres like the UNAM – the National Autonomous University of Mexico, the …

Artificial intelligence and copyright in South America

By José Santacroce, Head of Patent Department

The potential of Artificial intelligence is enormous. The interconnection of A.I. and art is a relatively less explored field, but in this regard the consequences for intellectual protection law are unpredictable and equally interesting.

In 2016, a network of Dutch museums presented a portrait created by a computer that analysed hundreds of Rembrandt paintings, to finally produce a new artwork in the style of the Dutch artist and that looks exactly as if it had been made by Rembrandt himself.

In the same year, a computer software wrote a brief novel that was admitted into a literary prize in Japan, although it didn’t make it to the final round.

Deep Mind, a Google company, has developed a program that creates original new music by listening to old recordings. The first computer-generated musical debuted in London as early as 2015.

While bots have been present in the creation of work of arts since the 1970s, the difference with modern A.I. lies in the fact that, in the past, the human programmer still had a relevant creative input and the machine merely executed, or reproduced his ideas adding an element of randomness. Today, evolved A.I. …

The Market of Generic Pharmaceuticals in Peru: Approval Process and Concept of Bioequivalence

By Moeller IP Advisors

In Peru, patent coverage for branded pharmaceuticals lasts for 20 years from the date of filing, in line with most jurisdictions. Once the 20-year term has expired, the same product can be marketed as generic. A generic drug must be equivalent to a branded drug in dosage form, safety, strength, quality, and intended use.

As the development costs are lower, generics are generally cheaper than branded pharmaceuticals, while they ensure the same therapeutic effect. The World Health Organization recommends the implementation of Generic Drug Policies and in the last years, many Latin American countries have taken steps to increase access to more affordable pharmaceuticals.

According to data from the consulting company Pharmexcil, in 2016 the market of generics accounted for about the 38% of the total pharma market in Peru, totalling $ 605 million.

Regulation of generics pharmaceuticals in Peru

According to the recommendations issued by the WHO, generics must ensure that they achieve the very same therapeutic effect as a branded pharmaceutical. They should, before entering the market, undergo a bioequivalence test. Pharmaceutical equivalence entails that both generic and branded drug should have the same amount of the same active substance, in the same …

Legal Implications of Smart Cities in Chile

By Moeller IP Advisors

By 2050, more than half of the world’s population is expected to live in urban areas. Providing everyone with sufficient resources like energy, water and transport may prove extremely challenging. Smart cities are born to tackle this issue with the help of digital technologies: they are based on an innovative infrastructure that uses IT, artificial intelligence and internet of things to improve energy efficiency, environmental sustainability and social welfare.

While the definition of a smart city can vary, there is general agreement on some of the elements that compose it: in smart cities, energy is generated by clean sources like hydro, solar, wind power, marine and geothermal; transport is fuel-free, mainly electric; smart grids improve energy distribution and avoid waste. In addition, buildings are smart, and therefore they are electronically monitored and controlled: sensors collect data on temperature, humidity and other values and automatically adjust lights, heating and air-conditioning; access control is provided through biometrics or other intelligent systems.

In South America, Chile is at the forefront of smart cities development. In 2015, the metropolitan region government of Chile awarded 1bn pesos – approximately US$1.6 million – to 5 smart city projects. The year before, a …

Brazil Progresses Toward Joining the Madrid Protocol

by Moeller IP Advisors

The Madrid Protocol is an international treaty established to create a centralized system of trademark protection for all the signatory states.

Through the rules of the Madrid Protocol, applicants can protect their trademarks in all member countries: they just need to file a single application in one of the countries’ that are part of the treaty. Procedures are uniformed and the application can be filed in one of the three official languages – English, French or Spanish.

The Madrid Protocol is certainly the most time and cost-effective means of seeking trademark protection internationally. Currently, 100 countries are signatory to the Protocol: Colombia was the first South American country to join in 2012, followed suit by Mexico in the same year.

Some issues have been partially overcome

In November 2016, Brazilian Minister of Industry, Foreign Trade and Services, Marcos Pereira, announced the intention to join the Madrid Protocol, during an official meeting with WIPO Director General Francis Gurry. It was clear, however, that accession to the uniformed Madrid system, although certainly excellent news for all companies operating in Brazil, could prove to be challenging.

For this reason, it was anticipated that the accession would happen not before …

Want to register a Green Patent in South America? Brazil Made it Quicker for You

By Moeller IP Advisors

The Potential for Green Technologies

Green is certainly an adjective that fits Brazil. Not only because of the abundance of its natural resources, but for several other reasons:  Brazil is one of the world leaders in bioenergy – more than 85% of the domestically produced electricity used in Brazil comes from renewable energy sources.

Moreover, the country has been a pioneer in biofuel production from ethanol and is now one of the biggest producers. Not only has the biofuel sector allowed Brazilian companies like Cosan or GranBio to prosper but it has also seen US companies like Shell, Amyris, Solazyme and Cobalt enter the scene, with conspicuous investments in ethanol, biobutanol and biofene production plants.

It goes without saying that fields like alternative energy production or clean transport require a great effort in research and development and constant investments in innovation: patents are the only way to protect such efforts.

However, it is well known that the Brazilian patent system suffers from a chronic issue: the one of the backlog. Currently, the Brazilian PTO’s (Brazil Patent Office) average time for granting a patent is 10 years. This is extremely discouraging for foreign and local companies that …