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Minimizing The Data Risks
By Manuel Lobato. Patents Lawyer.
On January 29, to commemorate the International Data Protection Day, the control authorities of the countries of Argentina and Uruguay prepared a Guide for the study of Impact on the Personal Data Protection, whose main objectives are: 1) minimize the risks of projects faced by entities –publics and privates- that manage personal data; 2) the implementation and standardization of preventive rules to which these entities must comply when carrying out said projects; and 3) By developing an Impact Assessment, comply with current regulations on the matter.
The document begins by enunciating general concepts within which the one that stands out the most, is the meaning of ¨personal data¨ -because of its breadth-, encompassing all kinds of information, not only of individuals but also legal entities, in line with current regulations in the countries of Argentina and Uruguay.
Then, the need and importance of carrying out risk assessments that could affect personal data through its treatment is determined in the different projects or operations carried out by both public and private entities. These evaluations require going through different phases ranging from internal/operational matters, through regulations and security measures to be adopted, until finally reaching the preparation of the guide that will serve as the basis for the treatment of personal data that will be involved in the development of the activities carried out by the company.
Finally, and from the previous phases, the risk analysis that involves the development of the project or operation for the treatment of the data, through the phases of its development, is prepared. It should be noted that not only personal data is involved in any project, but other constitutional rights recognized such as the right to honor, self-image and privacy are collaterally achieved.
As a corollary, the implementation of an EIPD in each project that a company develops and that involves the use of personal data is necessary to fully comply with local regulations on data protection. In the event that the risks of data collection and processing are high, it should be weighed if the measures developed, manage to minimize them, or if, on the contrary, they also pose a high risk, to which alternative ways of managing the data should be sought. In this way, the law and its postulates comply.
Source: https://www.argentina.gob.ar/sites/default/files/guia_final.pdf
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Copyright Protection Will Remain for 50 Years
By Maria Sol Porro. Trademarks Lawyer and University Professor.
“Copyright and Related Rights Law No. 9,739”
The Uruguayan Senate refused to treat as “seriously and urgently” the bill of the Senator of the Independent Party, Pablo Mieres, to increase the term of protection of the economic rights of Uruguayan artists.
The rejected initiative proposed to modify the “Copyright and Related Rights Law No. 9,739” of December 17, 1937, which establishes the moral and patrimonial protection of the works for their authors. This same law was modified by Law Nº 17.616, of January 10, 2003, establishing in its Article 8 the current term of 50 years, which Senator Mieres sought to extend to 70 years with his new proposal.
While Senator Mieres and the traditional parties, that supported his proposal, based this extension on the need to align Uruguay with the world on this issue and make national industries more attractive as the that foreign industries, since the 70-year term is used in the European Union and almost throughout Latin America, the ¨Frente Amplio¨ and different groups of artists and people linked to culture repudiated this proposal, claiming that it would harm the access to cultural heritage and the right of access to culture.
In this context, the topic is going to be analyzed by the Committee on Education and Culture, which will have until 2020 to approve it.
Source: ladiaria.com.uy
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Reduction in the number of office actions during patent examination
On October 26, 2018, the Uruguayan PTO published Official Notice 5/2018 which establishes a maximum number of two office actions issued during the substantive examination of patent applications and utility models.
This Official Notice, which will enter into force on November 1, 2018, revokes previous Notice 11/2015, which stated that the Patent Office could issue a maximum of three office actions during the examination of patent, utility models and industrial design applications.
Regarding the terms to file a response to the office actions issued during the examination of patent and utility model applications, Notice 5/2018 further establishes that:
– The term to respond to an office action issued during substantive examination will be of 45 days, which can be extended once for an additional 45-day term.
– If after the reply to the office action or within the deadline to answer it, new elements arose, which could affect the patentability, the examiner may issue a further single office action granting a term of 30 days to respond, extendable once for an additional 30-day term. In these cases, the examiner must expressly indicate the new elements causing the issuance of a further office action.
Source: http://www.miem.gub.uy
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Parliament debates draft law to join Patent Cooperation Treaty
by Marta Garcia
In March 2017, the Uruguayan government sent a draft law to Parliament to become a member of the Patent Cooperation Treaty (PCT), which is now being discussed before proceeding to vote.
In 2016, the Uruguayan Patent Office (National Directorate of Industrial Property) organized different activities and events to promote and disseminate info regarding the PCT system. Moreover, in previous years, the Uruguayan government had expressed on several occasions its intention to join the PCT. However, until now the necessary steps have not been taken to finally become a PCT member.
The draft highlights the advantages of the PCT system for both applicants and patent offices. For applicants, filing a patent application under the PCT simplifies the process and reduces costs, allows delay of prosecution, and provides the applicant with an international search report, a useful indication of the prior art related to the application.
Regarding the advantages for the national patent offices, the draft points out that PCT applications are easier to process, since formalities already have been assessed during the international phase. Additionally, when a PCT application enters the national phase, the corresponding national office has access to valuable reports from international search authorities, which facilitates the substantive examination stage.
The draft law stresses the fact that the adhesion to the PCT will not increase the number of filed patent applications in Uruguay: the general tendency shows that there is an initial decrease, due to the delay in entering the national phase, which subsequently increases up to the number of applications in the same range as before the implementation of the PCT system.
Additionally, the draft law emphasizes that the implementation of the PCT system willinterfere neither with Uruguayan sovereignty – since each office applies its internal patentability criteria – nor with the use of TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement flexibilities.
Source: http://www.dnpi.gub.uy
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Key Decision on Tobacco Packaging Regulation
On July 8, 2016, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) ruled in favor of Uruguay, ordering Philip Morris International (PMI) to cover Uruguay’s legal fees, in excess of $7 million.
A claim filed by PMI against Uruguay resulted in an ICSID arbitration panel handing over a major victory to the proponents regarding the restriction parameters in the packaging of tobacco products.
The claim was based on the argument that the Uruguayan government had violated a bilateral investment treaty with Switzerland.
The concrete treaty violation was the failure to implement measures such as increasing the size of graphic health warning appearing on cigarette cartons, tax increases, advertising bans, and barring tobacco manufacturers from promoting more than one variety of cigarette brands.
As a result of the claim, Uruguay responded that it acted in good faith, in the interest of promoting public health and in accordance with its international treaties and obligations.
The Tribunal stated that there is no “positive right to use” a trademark and that trademark owners have an exclusive right in order to prevent third parties from using the same mark in the course of trade.
The WTO panel’s decision, which is expected for next year, may determine the fate of not only packaging and trademark use on tobacco products, but of other products that become the target of health policy activists.
Source: www.inta.org
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Major Customs operation leads to welfare donation
In 2014 an operation was carried out in which two brothers were found smuggling over 700 pieces of clothing from China with well-known trademarks. The pair was caught by the Uruguayan Custom’s Response and Intelligence Group (GRIA). The pieces of clothing were afterwards resold through different Internet websites to the consumer public, either as original or fake products.
The sellers had a warehouse or deposit, and distribution center in Pocitos, a neighborhood in the Capital City of Montevideo, from where the buyers would pick up the items. When the GRIA officers identified this place, a major operation took place, and over 700 infringing products were confiscated, and the perpetrators faced the criminal legal actions included in the Trademarks Act.
Approximately two years later and after a resolution of the Criminal Court of Uruguay, on July 22, 2016, all the infringing products were donated by the Custom’s Authority to the National Rehabilitation Institute; after the removal of all trademarks, logos and devices from the articles. The National Rehabilitation Institute is the Uruguayan authority in charge of the national prison system, which aims to rehabilitate and reintegrate the prisoners into society through specific work and education programs.
This way, in a surprising and successful effort, the infringing products were not destroyed, as happens in most cases but were rather destined to a greater good, while still protecting the rightholder’s intellectual property prerogatives.
Source: http://www.aduanas.gub.uy
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Draft Law to become member of the Patent Cooperation Treaty
On July 28, 2016, the Minister of Industry, Energy and Mining of Uruguay, Carolina Cosse, reported that the government intends to submit a draft law for Uruguay to become a member of the Patent Cooperation Treaty (PCT) to the Parliament shortly.
The announcement took place during an event organized by the Uruguayan PTO (DNPI) to inform about the implementation in the following weeks of an online system for the filing of patents and trademarks.
The draft law to adhere to the PCT has not yet been sent to Parliament.
We will keep you informed about any updates as they arise.
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Local “Red PI” is organizing 2016 agenda
The Uruguayan Network of Intellectual Property (“Red Uruguaya de Propiedad Intelectual – Red PI”) was established in 2008 with the mission of creating, promoting and using tools and services related to Intellectual Property in order to facilitate the protection and incorporation of value to the local production of goods and services.
Three working groups were created under the Industrial Property Network (Red PI): Group 1, Awareness and training in IP; Group 2, Entrepreneurship; and Group 3, Debate on intellectual property. In February 2016, the first meetings for the three groups took place in order to develop their work plans and schedule of activities for this year.
Group 3, together with the Uruguayan PTO, organized a seminar to discuss the advantages and disadvantages of the Patent Cooperation Treaty (PCT), which took place on March 31, 2016.
Source: http://www.dnpi.gub.uy
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Resolution to keep patent applications alive
On January 27, 2016, the Uruguayan National Directorate of Industrial Property (DNPI) published Resolution No. 02/2016, which states that applicants of pending patent applications filed before 2010 will receive an Office Action to clarify to the DNPI whether or not they wish to continue with the prosecution of the applications.
The resolution neither clarifies how the notifications to patent applicants will be implemented nor specifies the deadlines for response. Both aspects are still to be defined by the PTO. However, according to the Regulations to the Patent Law, the period of time to respond to an Office Action is 30 days.
Resolution No. 02/2016 is aimed at reducing the current backlog of examinations for patent applications by identifying those patent applications which are still important to their applicants, and then only those will be examined.
Although the resolution does not explain the consequences to applicants not expressing their interest in a patent application within the deadline that DNPI establishes, according to general rules the PTO is entitled to deem said applications abandoned.
Should you require any further information, please contact us. We will follow the implementation of this resolution closely and will keep you updated regarding any further developments on this matter.
Source: http://www.dnpi.gub.uy
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Uber in Uruguay
Since the start-up of Uber, a service matching those needing a ride and drivers, Uruguayan taxi owners have started a series of claims and measures to protect their business. Primarily, the conflict is between Single Trade Union of Taxi (in Spanish “Gremial Única del Taxi “) and Uber.
The Union has registered the mark “Uber” before the local PTO (DNPI) before the start-up of Uber in Uruguay. According to local legislation, the trademark owner has the right to use said trademark for a period of 10 years and to file a claim against Uber for trademark infringement. Taxi drivers in Uruguay consider Uber an alternative to public transportation that threats their business.
Uber began business in the country on November 19, 2015, with great success. According to local sources 14,000 users downloaded the App on the first day available.
Representatives from Uber confirmed that they will initiate legal actions because they believe that this is an act of “trademark piracy” because the trademark and the pertinent logo are “well known” to Uruguayan Taxi Union.
Source: http://www.dnpi.gub.uy
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