In the ongoing effort to fight counterfeiting and piracy of products, local PTO (INDECOPI) along with National Police and the National Customs Authority (SUNAT) scored a victory recently with the destruction of 29 tons of pirated CDs.
The audiovisual works and music destroyed would have led to a loss of approximately $3,000,000 in copyright rights for the various authors.
INDECOPI and other local government institutions fight piracy and counterfeiting with constant public campaigns, reminding the public that these actions are crimes that can have legal consequences.
Source: http://www.indecopi.gob.pe…Read More
After several international negotiations, INDECOPI signed an agreement with the World Intellectual Property Organization (OMPI) concerning the implementation of the Industrial Property Automation System (IPAS).
This cooperation between both organizations will have a positive outcome for the users, providing new tools to improve the protection of IP rights, such as an online trademark application system and an online updated database.
Through this new tool, it would be possible to follow and control online all the steps taken by the claims made by the users, for example, to check how many hearings took place. This new service will allow the consumers to know the status of their claims and will promote better market regulation and the competitiveness within the national and international markets.
In addition, INDECOPI also signed a technical cooperation agreement with the Brazilian Ministry of Justice regarding the transfer of knowledge and technology of the National Consumer Defense System (SINDEC).
Source: http://www.indecopi.gob.pe…Read More
Participants from 20 Latin American countries converged on Peru for the X Regional Meeting of IT Specialists and Management of Patent Information of IP Offices in Latin America,from November 24 through 26, 2014. The meeting was held within the framework of the Latipat Project.Exchange and analysis of information by participants during the meeting, supports the development of enhanced tools for accessing and extracting data from the different PTO databases, as well as encourages improved strategies for a better dissemination of public patent documents.
This event is organized jointly by the World Intellectual Property Office (WIPO), the European Patent Office (EPO) and the Spanish PTO (OEPM) in cooperation with the Peruvian PTO (INDECOPI).
Latipat is the search system for public patent documents of Latin America and Spain that uses the Espacenet platform. Latipat is a collaborative project initiated in 2003 by WIPO, EPO and OEPM, in collaboration with many Latin American national intellectual property offices.The aim of the united system is to contribute to the spread of technical knowledge in Latin America by offering the public a centralized and free access to patent information in Spanish and Portuguese.
Currently Latipat contains about 2.5 million bibliographic data records, more than one million …Read More
The Peruvian Anti-Biopiracy Commission, chaired by the local PTO (INDECOPI), has recently celebrated its 10th anniversary.
The Anti-Biopiracy Commission seeks to protect Peruvian genetic resources and traditional knowledgeby “tracking, identifying and combating biopiracy cases occurring worldwide and affecting cultural and biological diversity,” states INDECOPI.Staff search through patent offices worldwide in order to identify granted patents or pending patent applicationsinvolving Peruvian biological products or Peruvian traditional knowledge. Once identified, the Commission files a nullity action or an opposition against the corresponding patent or patent application, respectively.
So far, this Commission has analyzed more than 7,000 patent documents related to 69 biological resources of Peruvian origin and has favorably settled 12 cases related to the following biological products of plant origin: maca, sachainchi, camucamu, yacón and pasuchaca. As an example, it has managed to invalidate six patents involving maca root for the manufacture of medicaments for the treatment of osteoporosis, sleeping disorders, and testosterone deficiency increase in Japan, Korea and Europe.
The Anti-Biopiracy Commissionpoints out that it is not opposed to the use of Peruvian biological resources and/or traditional knowledge, but rather aims at making surethese resources are “used legally and with a fair contribution for the …Read More
With the aim of promoting the use of the patent system as a key tool for the successful commercialization of works among national inventors, the first Yearly National Patent Convention (CNAPI) will be held in Miraflores from November 25 through 28, 2014. The event is sponsored by the local PTO (INDECOPI), together with the National Board of Science, Technology and Innovation (CONCYTEC).
This convention has grown out of the previous work carried out by INDECOPI in promoting Peruvian inventors through a National Invention Competition. The local PTO thought of CNAPI as a suitable event to complement the ongoing yearly contest, in order to strengthen the link between creative processes and the economic and innovative development of the country, through the use of the patent system.
The first CNAPI will showcase participating inventors and their work from the 2014 National Invention Competition as well as the National Patent and Invention Conference, which will include speakers from the Spanish, Chilean and Colombian PTOs. Also during the convention, the Yearly Award for the Commercialization of the Patented Invention will be announced. This prize will be awarded to a Peruvian person or company that has successfully marketed a patented product.
Several Peruvian institutions have reported a case of biopiracy in China involving maca root – an herbaceous, perennial, cultivated crop that is native to the Andes in Peru – after knowing about the attempts by seven Chinese companies of patenting methods for propagation and genetic improvement of the crop.
Industrial applications of maca plants in nutrition, pharmacy and medicine are well known and documented. Several studies have shown that maca has medicinal values that include increasing libido, stamina, fertility, and alleviating insomnia. The Peruvians’ use of maca for medicinal purposes is an example of traditional knowledge, since it has been used for centuries for its medicinal properties.
According to the National Anti-Biopiracy Commission, which monitors patent applications on 69 Peruvian phytogenetic resources worldwide, the Chinese applications were filed between 2012-2013. Currently five out of the seven reported Chinese companies have responded to the Peruvian Ministry of Foreign Affairs. Two of them admitted having Peruvian maca, while the other three stated that their maca comes from the Chinese province of Yunnan.
Manuel Sigüeñas, specialist in phytogenetic resources of the National Institute of Agricultural Innovation, indicates that the most important fact about this case is not the patenting attempts, but the illegal …Read More
The Peruvian Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) seized more than 7000 bottles filled with liquor that exhibited the denomination of origin (DO) ‘Pisco’ without having such authorization. The goods were seized at a customs warehouse in a Peruvian Port Terminal. Local authority INDECOPI can prosecute cases of DO misuse.
Pisco can be defined as a colorless or yellowish-to-amber colored grape brandy produced in wine making regions of Chile and Peru. Pisco was developed by Spanish settlers in the 16th century as an alternative to “orujo”, a pomace brandy (liquor distilled from pomace that is left over from winemaking after the grapes are pressed) that was being imported from Spain.
In 2013, the annual production reached around 100 million liters in Chile and 7,2 million liters in Peru.
Chile and Peru has disputed the DO Pisco for many years. One of the main differences between the spirit is the alcohol content. Still there is no unanimous decision regarding who to recognized the DO to: Peru or Chile.
In 2011 INDECOPI awarded the National Association of Producers of Pisco (CONAPISCO), the authorization to operate as the Regulator of the Denomination of origin. The Regulatory Council …
Last year Peru and Brazil presented an early warning (EW) of rejection of the domain registration <.amazon> applied by Amazon EU S.à r.l., subsidiary of Amazon.com Inc. The application for a new generic top level domain (gTLD) was assessed by the board of the Internet Corporation for Assigned Names and Numbers Internet Domains (ICANN).
Some experts considers that “granting exclusive rights to this specific gTLD to a private company would prevent the use of this domain for purposes of public interest related to the protection, promotion and awareness raising on issues related to the Amazon biome. It would also hinder the possibility of use of this domain to congregate web pages related to the population inhabiting that geographical region.”
The board of ICANN agrees to the statement of both countries regarding the rejection of the application for registration of the domain <.amazon>. The Amazon region constitutes an important part of the territory of Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela, due to its extensive biodiversity and incalculable natural resources.
In light of the above, it is important to remember that in May 2013, Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Surinam and Venezuela, rejected any request for appropriation of …Read More
On February 12 2014, the Congress of Peru modified seven articles of the cyber crime law (Law N° 30096), due to the fact that for some specialists in this subject, the regulation was vague and its application could lead to the judge decisions becoming arbitrary.
Due to these modifications, traffic data crime was derogated from this law, and must be included in the Criminal Code.
On the other hand, some specifications have been incorporated regarding details of illicit access offenses. These offenses damage the integrity of informatics data, data interception and online fraud.