Marcasur 20th Anniversary Edition by Marcasur

MARCASUR 20 YEARS I ANNIVERSARY EDITION I 2016

Anniversary

www.marcasur.com

CONTENTS

Latinestadísticas: Trademark and patent applications in two decades

104 122

What do young people want?

Interview to José Luis Cordeiro, faculty Singularity University NASA, in Silicon Valley 10

13.

Editorial

14.

The story of this special edition

15.

Prologues

24.

Interview to Juan Pittaluga

33.

Latinestadisticas: Trademark and patent applications in two decades

43.

Main article: A new agenda imposes

49.

Brazilian Industrial Property Law: 20 years later

50.

Fight against counterfeit, yesterday and today

56.

Interview to Ricardo A. Antequera: Latin America contributes wealth to the culture

60.

Digital era: Intellectual Property in the electronic magma

70.

Twenty Latin American personalities

74.

Twenty Latin American trademarks

78.

Twenty innovations of the world

82.

Legal Marketing, where are we headed?

85.

Cape and spade

86.

All you should know about computer law

90.

Marcas News

94.

Patents impulse the GDP

96.

Women's leadership

104.

What do young people want?

115.

Redefining legal services

116.

The BPTO's new approach on disclaimers – a step forward or a disguise to a problem.

119.

Intellectual Property in Mexico. Key Word: innovation

121.

Kidding but serious. A story told 20 years later

122.

Interview to José Luis Cordeiro, faculty Singularity University NASA, in Silicon Valley

128.

Remembering: MARCASUR photo gallery

138.

Travelling. My favorite destinations

www.marcasur.com

ANSWERS EVERY STEP OF THE WAY.

The experience of over 9,000 Intellectual Property processes in Central America, is our guarantee. Successful business strategies must give importance to intellectual assets and technology. It is our job to address its complexity in terms of protection, registration, counselling and follow-up of distinctive signs, trademarks and patents.

www.lexincorp.com | info@lexincorp.com

www.marcasur.com

staff Editor and Director: Juan Pittaluga juan@marcasur.com Editorial coordinator: Fabiana Culshaw fculshaw@marcasur.com Editors: Juan Francisco Pittaluga francisco@marcasur.com Wina Arambule warambule@marcasur.com Contributors: Daniel Lamas dlamas@lamasgrimaldi.com.uy Teresa Pereira tere@marcasur.com Victoria Pereira victoria@pereiramarketing.com Contributors in this issue: Ricardo E. Antequera Ricardoenrique@antequera.com.ve Virginia Cervieri vcervieri@cmlawyers.com.uy Commercial Department: Mei-lin Che mche@marcasur.com Social networks: Cintia Ferreiro cferreiro@marcasur.com Director of new contents: Karina Gonzรกlez kgonzalez@marcasur.com Communications: Claudia Azambulla czambulla@marcasur.com Natalia Domingo ndomingo@marcasur.com

Editorial With great satisfaction, we deliver this issue to you in celebration of our 20th anniversary. We thank the contributors and advertisers who in different ways have made this issue that is so important to us possible, and why not, for you also, because we understand that MARCASUR is part of the history of intellectual property in Latin America. I wish to thank MARCASUR's team who works every day to achieve the goals we have set. And to the readers, thank you for accompanying us during these twenty years. And for many more.

Graphic Design: LP / arte visual Correction: Alejandro Coto Printing: Grรกfica Mosca

MARCASUR Special Edition 20 years 2016 Cont. Echevarriarza 3535 A, 1501 CP 11300 Montevideo, Uruguay Tel: (598) 2628 4604 Fax: (598) 2623 2957 info@marcasur.com

Juan Antonio Pittaluga Founder and Editor of MARCASUR

Quarterly publication edited by Editorial MS S.R.L.

ISSN 1688-2121 D.L. 354.155 Comisiรณn del Papel. Publication protected by Decree 218/96

www.marcasur.com

INTRODUCTION

Fabiana Culshaw Editorial Coordinator Marcasur

The story of this special issue I arrived at “charrua” soil in March this year with the goal of staying here, after 20 years abroad – 5 in Egypt and 15 in Venezuela. At this stage of my life, the decision of returning to my country, “the paisito”, as we call it, seduced me. Many things pleasantly surprised me, especially meeting Juan Antonio Pittaluga, mostly because of all that happened next. I met Mr. John (that is how he is called in his office) at the end of 2015, in an interview about trademarks and patents that I made via skype for an economy newspaper where I worked at the time. He was in Montevideo and I was in Caracas. Months later, with my ticket to Uruguay, I contacted him again but this time with the idea of having a coffee in his office. However, this southern gentleman with an English air welcomed me with all the brightness of his eyes, and what started off as a brief social meeting quickly turned into a flow of ideas about Marcasur's 20th anniversary special edition, which he was already cooking in his mind. As all enthusiastic person, he hired me right away to coordinate this special issue and I immediately accepted to be part of this promising editorial project. Mr. Juan had the aim to achieve a timeless publication, that wouldn't lose validity and which reflected global and regional views. Within those parameters, we began to work.

Our first inspiration was «the evolution of intellectual property during the last twenty years», but as the work plan started to flourish, we started to make space for issues related to the future of the profession. We didn't say no to anything; all the initiatives, wherever they came from, were welcomed and supported. The edition looked like a large octopus, which seemed to grow on its own. We didn't want to skimp on anything, neither on the scope of the topics, on the number of interviewees, on the relevance of the columnists we contacted, on the number of pages, nor on the advertising spaces. (Actually, this ambition almost turned into fear of letting down our readers but, deep down we always knew that we had the support –and even the complicity, I would say- of the best Intellectual Property specialists of Latin America. And so it was. Over 60 professionals from almost 20 countries of the region, among interviewees, columnists and many lawyers who sent us their opinions, were part of this issue. All of them gave life to this issue. The Marcasur team was indeed at the height of this project. In this house, journalists, graphic designers, photographers, proofreaders, managers from the commercial, administrative, institutional relations, subscriptions departments, personnel in charge of social networks and websites worked together. The mystic of this group was perfect for this publication.

Where to begin reading? From wherever you want. But if you are looking for working tools, the main courses are: trademarks and patents statistics (a study through Latinestadisticas Division showing the evolution of the applications in the region) and the main article about "A new agenda imposes" (with the participation of first level intellectual property specialists). If it is about the future, no one can beat Engineer José Luis Cordeiro, who works hand in hand with the NASA. The interview with José Luis Cordero is one of the many interviews of general interest included in this edition in order to comply with Marcasur's aim to go beyond the target of lawyers. In fact, in this opportunity, the magazine will be distributed in universities and companies of different areas, besides law firms. This edition also addresses questions and answers on computer law, what is happening with counterfeit, which is the situation of the so-called Orange economy, how patents are pushing the GDP, towards where legal marketing is heading, what women and young people are looking for in the law firms… and more. For now, the invitation is to let yourself be carried away by these pages, enjoy them, and share them. And, with a glass in hand, simply toast for these twenty years that belong to all of us. M

www.marcasur.com

First level figures and friends of the house present their points of view on the evolution of MARCASUR throughout the history. Below five opinions written as prologues.

www.marcasur.com

PROLOGUE

Peter Dirk Siemsen Partner at Dannemann, Siemsen, Bigler & Ipanema Moreira Brazil

MARCASUR was born to fill a holeâ&#x20AC;Ś In 1964 began the first stage of a joint effort among Latin American countries, which extended to Mexico, United States and Canada, and the Latin American Association of Intellectual Property (ASIPI) was founded. The first group was formed in 1965 with the goal of a common market, which was the MERCOSUR, composed by Brazil, Argentina, Uruguay and Paraguay. Both events suffered the absence of transfer of knowledge on the legal developments and jurisprudence to enable a greater integration of the countries in the area of intellectual property.

The publication coincided with a Congress of ASIPI which took place with great success in Santiago, Chile. The Association was not in its best moment, when recovery took place in Santiago de Chile. ASIPI's success coincided with the need of having a Latin American publication that would benefit all its members in their professional activities and work to integrate the countries at the continental level. Therefore, the scope of the magazine expanded from the Mercosur to all Latin America.

For this reason, in 1996, Juan A. Pittaluga had the inspiration of launching a legal supplement called Marcasur, an attempt to fill that hole.

Its progress has not stopped and today it is one of the most successful specialized magazines in the area of intellectual property, which informs about important legislative changes and allows a gradual harmonization and uniformity of the protection of intellectual property in Latin America.

The second edition was published in August 1997. Initially both were destined to Mercosur. Receptivity was great. The valuable information initiated a path for a better understanding of intellectual property in Latin America.

To Juan A. Pittaluga our tribute and appreciation for the vision he had, transforming a legal supplement into a publication of absolute success.

www.marcasur.com

PROLOGUE

Felipe Claro Partner at Claro & CĂa Chile

VISIONARY When I first saw Juan A. Pittaluga taking photos in ASIPI's work sessions with his compact camera, I did not understand very well what was happening. Had he become a journalist? Had he left the profession? Was he promoting his law firm? Shortly, I realized that Juan was a visionary, seeking to glorify the profession through a new way of disseminating intellectual property and make it closer. Today, twenty years after this surprising espisode, I must recognize that every month I look forward to the arrival of Marcasur's next edition at my desk, to inform me of the current issues, trends in Latin America and the world, professional and social news of colleagues and friends, the useful and entertaining practical recommendations, as well as the weekly news correctly selected. Marcasur went beyond the edges of the continent and is distributed globally, with multi-language editions that bring closer the rest of the world to our daily work and vice versa. Marcasur, which today is much more than the single printed magazine, has a nice Latin American label, in my own language, accompanying me pleasantly in the exercise of the profession.

www.marcasur.com

PROLOGUE

Juan Eduardo Vanrell Past President of the Interamerican Association of Intellectual Property (ASIPI) Uruguay

The puzzle of a diverse Latin America «To feel that life is a breath, that twenty years is nothing» Alfredo Le Pera Twenty years ago, I was 28 years old and was participating in my first Intellectual Property congresses around the world. Twenty years later, I receive with pleasure, Juan Pittaluga's phone call that honored me with the privilege of writing in this historical edition of Marcasur. Many things connect me to Marcasur. First of all, the origin, Uruguay, that allowed us to grow as professionals and show all of our potential to the world. And then, we are connected by the passion we both feel for Intellectual Property. Twenty years of Marcasur, twenty years of Intellectual Property reflected on each edition but, what happened during these twenty years in the IP world? In Latin America, we have been trying to harmonize the laws in this subject. It was a big challenge where Marcasur was an importante promoter. We all enjoy seeing pictures of events and colleagues but I think this is not the main value of this magazine. The information shown by the different columnists allow us to make a puzzle of a diverse Latin America that is constantly looking for harmonization. Harmony, this is the word I would use to distinguish the work of Marcasur and also the work we are all doing from our different places as professionals in this area. To harmonize is to put in good relation the parts of a whole, contributing to achieve a unique aim. ¿Is it possible to harmonize the Intellectual Property laws in Latin America? This is the biggest challenge in these twenty years: the transformation processes in the world, 18

if they are truly profound, take decades to become visible. To harmonize we need the goodwill of two parts. A first act would be to understand this answer in the Public International Law definition area as a combination of laws and principles that hierarchizes and coordinates in a coherent way. They regulate the external relationships between States and people with the aim of reaching an ideal of justice defined between the parts involved, in an environment with certain and security that guarantees the compliance. But actually, this harmony that we've been looking for in America during the past twenty years needs a platform that, supported by legislation, reaches the objectives defined; such platform is called management. And here is where Marcasur made history, because every month it manages the harmony between opinions and colleagues. Regrettably, the daily routine in which we work shows us that this management is quite difficult to harmonize, that national realities exceed the harmonization we look for. That is where Marcasur comes in, exceeding national situations, integrating a variety of voices from several nations with different life lessons and experiences, making a puzzle of ideas. The front page of Marcasur May edition shows us a Latin America turned into a puzzle. It shows our Latin America of today: a big puzzle, a puzzle with agreements and intentions. The press is obliged to ask the reality and must reflect all the voices and question them because that is what transcends. Harmonization is a firm and irreversible way to a probable but still far away scenario. And Marcasur has a great task and responsibility: to generate the pleasure for reading again and to create opinion maker to finally have a unique and united Latin America. Congratulations Marcasur, because the written words transcends the writer and forms part of the readers. www.marcasur.com

PROLOGUE

Franklin Hoet Linares Senior Partner at Hoet Peláez Castillo & Duque, Venezuela President of the International Commission of Jurists

To boast with reason We are lawyers tied —inexorably— to the laws, and to such laws we adjust our exercise. Marcasur, directed by lawyers and oriented to them does not avoid this rule of law. Also, it does not deny its submission to the Intellectual Property information and related subjects from the Interamerican Intellectual Property Association (ASIPI). Before that, on the contrary, it boasts —and with reason— of being the first dissemination organ of the Latin American Intellectual Property data. Knowing its evolution since birth, and its editor in the professional practice, I think that the following Laws are applicable to them: Market Law. Marcasur's growth is directly proportional to the development of Latin America Intellectual Property. Reliability Law. In order for an informative organ to be reliable, it must be informative, true and therefore credible. Marcasur has the trust of the Latin America Intellectual Property professionals. Neutrality presumption Law. An informative organ presumes to be neutral, not tendentious and above all in the intellectual property field, not subordinated to any particular interest, private or public, national or international. Interest Law. A magazine that is not interesting to its readers ends up into oblivion. With it twenty years, Marcasur looks more interesting than ever. Permanent Growth Law. Publications in the international field must grow constantly. When they reach the top it is quite sure that they begin to decrease and most of them are renewed. Marcasur remains valid and growing and extends it borders

www.marcasur.com

reaching, today, several continents including a mandarin language edition. Current Law. With bigger lapse between publications, bigger is the challenge to gain the attention of readers. Marcasur is still current because of its attractive photographs, which has made their staff an imperative presence in every Latin America IP event. Who says no to a Marcasur picture? Constant Renewal Law. High level competition within the art to maintain supremacy on an international scale requires creativity, hard work and dedication, with persistence, perseverance and staying awake, most of all taking into account the Intellectual Property field that is under a constant innovation. Accessibility Law. The proportion between what is paid and what you receive, the accessibility, entails an attractive costbenefit relationship. If we add the sympathy, generosity and good disposal of Marcasur's staff while working, helping to grow with no discrimination to young professionals and new firms as well as veterans and traditional firms, we totally understand why this magazine has come this far away, to be in such desirable position, tearing to shreds the saying «twenty years is nothing». In Journalism surely it is and much more in the IP world. 19

PROLOGUE

MartĂn Pittaluga Partner at Estudio Pittaluga Abogados Uruguay

Leaving its mark Twenty years ago, I was taking my first steps in the world of intellectual property. I hadn't graduated yet, I had not met my wife and the thoughts of having children were far away. Twenty years ago the fax was the mean of communication by excellence in the business world, access to electronic mail and the internet was privilege of the precursors and experts in the field, there were no commercial websites and only a few and expensive computers gave away the privilege of color. Twenty years ago, Juan Pittaluga, founder and editor of Marcasur, was ending his tenure as vice president of ASIPI, leaving behind many years as a member of the executive committee of the association. He told me back then that he had decided to start writing to fill the "free" time that ASIPI had left him, but not a book but news, which later he would inform periodically to his colleagues in the region. 20

At that time it all sounded very rare and too ambitious, especially when he mentioned that it would be through a very original way, a newsletter, a communication channel that today is one of the most commonly used in our environment, but that very few people knew twenty years ago. However, listening to the conviction he spoke with and knowing his tenacity and strength to give life to his ideas and projects, I had no doubt that, beyond what he was planning, he would finally achieve his mission. However, what I could have never imagined was that twenty years later this idea, which was more like a hobby, would end up becoming what Marcasur is today. In conclusion, to give shape to this newsletter and distribute it among Latin colleagues, all the people of Pittaluga Abogados spent some of its time collaborating in any possible way, either in the design, searching and drafting news (which was not easy in that time without www.marcasur.com

«IT WAS ESSENTIAL TO BEGIN OBTAINING ITS OWN RESOURCES. IT WAS THE TURNING POINT FROM WHICH MARCASUR TOOK GREAT IMPETUS»

internet), printing labels or putting it in an envelope, among many other tasks. After a while, the quality of the paper used in that first newsletter improved, colors appeared, one page turned into two, then into four and later on into six, while –little by little- many changes and transformations came, demanded by the great reception that Marcasur was reaching among its readers and accompanied in turn by the facilities that the technological advances provided. Indeed, the use of internet was spreading at a vertiginous pace and the intention of positioning Marcasur (almost turned into a magazine) in that virtual world was arising. But that project was to not only offer a virtual magazine, but to develop a website related to intellectual property, which, in addition to the magazine and with diverse information about the profession, included a complete directory of firms and professionals, a calendar detailing the main events of the year in the field of intellectual property and a photo gallery. The bases were laid out and the project was launched, but it would require more work and dedication each time and, consequently, the sui generis collaboration of Pittaluga people would no longer be enough. Therefore, Marcasur had to review its structure, become a business in itself, have their own employees and consequently find a way to self-absorb their expenses.) This resulted in the complex decision to stop sending Marcasur free www.marcasur.com

and give way to the distribution by subscription. The truth is that it was very difficult to choose that path, because it was understood that, by doing so, Marcasur would lose its essence, the one that had enabled to captivate intellectual property professionals in Latin America. However, reality indicated that, in order to continue improving, growing, pleasing, innovating and, consequently, taking care of its readers in due form, it was essential to begin obtaining its own resources. Otherwise, Marcasur's days were numbered. That decision, so difficult as important, was put off as long as possible but, once assumed, it was the turning point from which Marcasur took great impetus to continue developing in every way, becoming a multimedia proposal, with its magazine and website as its pillars, but many other of products which were taking shape over time, such as Marcasur International and Marcasur Awards, among others. Today, Marcasur has become the magazine that everyone wants to keep handy on their desk to take a look in their spare time, but it is also a website in which you can look for information of a colleague or the date of an event, or the Facebook friend who publishes information and photos instantly from a conference, or someone to follow on Twitter, or on the online newsletter which brings relevant information. Notwithstanding all the above, I believe that Marcasur's greatest achievement is the recognition, admira-

and permanently appreciation received by its readers, never generating enemies but only faithful followers who enjoy what Marcasur offers. Today, in its twentieth anniversary, I feel proud of having been part of Marcasur during its birth and collaborating in its early stages, as well the privilege of being a witness of the effort, desire and enthusiasm with which each of the persons who are or were part of the Marcasur family have devoted to this project, allowing it today to enjoy this prosperous present and glimpsing from now an even more blissful and auspicious future, which will leave its marca …. sur (marca = trademark and sur = south). M

INTERVIEW | JUAN PITTALUGA

THE INITIATIVE OF CREATING THE MAGAZINE MARCASUR CAME UP ON A CARIBBEAN ISLAND, IT TOOK SHAPE IN URUGUAY AND TODAY REACHES ALL LATIN AMERICAN COUNTRIES, WITH THE PROMISE OF REACHING MORE. ITS FOUNDER AND EDITOR TELLS US ABOUT ITS EVOLUTION IN THE REGION

«THE SUPPORT OF MY COLLEAGUES WAS INSPIRING» Whoever thinks that twenty years is nothing, is wrong. And in what way! This is what the readers, advertisers and columnists of the magazine are saying. No matter how famous the lyrics of the tango is, a publication that reaches two decades and reaches all Latin America, from a small country like Uruguay, is a lot to say. Marcasur required vision and commitment to consolidate itself with a different proposal in the intellectual property world. Juan Antonio Pittaluga, its ideologist and editor, is grateful for the support received by his colleagues throughout the region, who have always been enthusiastic about this editorial initiative, which they have also made their own. "This is the result of the participation of all my colleagues, this magazine is loved and we go for twenty more years," said Pittaluga. What reflection does this twentieth anniversary bring? My first impression is to have achieved a means of communication that has consolidated in Latin America. Of course, we have very good human resources; otherwise, we could not have done it. We did it with Uruguayans for the foreigner and that product was strengthened; for me

that is the greatest satisfaction. We are a Latin American product for Latin Americans. Which sections are most valued by the readers? I believe that the social part was worked from the beginning of the publication and was always very liked. In addition, we launched before other specialized magazines with pages of photos and socials, events and presentations. Somehow, we came ahead the phenomenon of social networks, which are photography plus photography. Some of the readers told us that it seemed somehow superfluous but we showed them that the photography of social issues goes beyond the merely superficial, since it facilitates the communication through images. Instagram is a proof of this. The magazine also highlights other current issues, statistics of registrations and trademarks, opinions… Yes, we clearly stand out from other magazines with a more academic nature, especially due to social issues section, but we do not fail to include interesting topics of the profession, presented in a enjoyable way.

What has happened to advertisement in the evolution of the magazine? The magazine convinced many law firms that it was good to advertise, make oneself known. The progress that has been made in the design of the ads has been fantastic. I remember that with the first ads, at some point, someone came to me and said: "Juan, be careful because those designs may be spoiling the magazine." Without a doubt, it was an advertisement with a very elemental esthetic and with few colors. Firms even asked us to make the design of the ads. And today that has advanced greatly; almost all the offices that advertise have their own teams for that purpose or they hire specialists.

Is Marcasur is a mirror of the progress of intellectual property in the region? In some sense, it is. Our topics over the last twenty years have reflected the evolution of intellectual property. And our achievement is to make trademarks, patents, and copyright topics available not only to specialists but to all people. We have helped taking intellectual property issues, with an easy language, to the general public.

www.marcasur.com

Marcasur Editor, Juan Pittaluga, by Rob Smith Jr. www.marcasur.com

Milestones on the road... Lawyer as a professional but journalist from his soul, Juan Antonio Pittaluga revises the milestones of the magazine he has created, Marcasur. «I always remember that, waiting for a flight at Margarita Island's airport, in Venezuela, the idea of having a communication media to bring together Latin-American professionals, Intellectual property specialists came up. … My wife was with me at that time and loved the idea. She is a great communicator, with common sense and she doesn't question my projects very much (laugh)», he said. «When we began with the magazine, the approval received from my Latin-American colleagues was amazing. At the beginning there were just four pages in black and white with pictures and despite that, they supported us in a very generous and inspiring way; it was so important to me», he added. Another important point on Marcasur's evolution was to finance the project, because at the beginning «I handled all the costs, but later color printing, sending the magazine by mail to different countries and the journalist's salaries increased the costs. That is why we decided to sell publicity». ¿Any other milestone to remember? «Yes, separating my law firm from the magazine. I don't want people to think that I advertise my law firm through the magazine, that's not true. Fortunately, advertisers and readers understood this, and that is wonderful», he answered.

How do you see intellectual property in Latin America, compared to 20 years ago? This activity cannot escape from the evolution of the world. The technology in Latin America is quite behind compared to developed countries although in the past years there have been several new internet applications in this region with worldwide acceptance. But unfortunately, Latin America is short on resources, we need more investments to be able to create but we do have great human teams. Regarding trademarks, the knowledge of our countries had grown. Today, for example, we realize the importance of our meat “bife de chorizo” that is being sold in a French supermarket with a registered trademark. We have also had improvements fighting counterfeited products. And what about copyright? There has been a lot of work on that because in Latin America there is a tendency of thinking that if you can have something free, why pay for it. However, there have been campaigns defending the authors and nowadays, those who download contents, such as music or movies without paying knows that it is wrong and, if it is free, it's probably of low quality. Another issue for discussion is that organizations of collective management of copyright many times intend to 26

impose royalites in a severe way, looking to benefit themselves rather than the authors.

¿Are law firms adapting to these new realities?

¿Has this profession changed in this area of activity?

Generally, law firms are very conservative and usually react after the changes happened…I think that there is a variety of firms: those that have been adapting and others that have difficulties to adapt and already begin to have problems. It's not enough just to say: «next year I will adapt ». It doesn't work like that. We have to deal with the changes every day at the office.

Yes, but this happens not only to lawyers but also to doctors, hotels, taxis, to all the areas. Even the new technologies began to substitute human work in several activities. It is likely that in the future IP agents or lawyers will not be necessary registration, but specialists who advise clients on how to bring their trademarks and patents to life, how to sell and how obtain profits.

www.marcasur.com

«I AM A PERSON WHO TALKS HALFJOKING AND HALF-SERIOUSLY IN MY SOCIAL LIFE AS WELL AS IN MY PROFESSIONAL LIFE. I AM NOT GOOD AT TELLING JOKES BUT I DO ENJOY SHARING EVERYDAY STORIES. I LIKE THE HUMOR OF REAL SITUATIONS AND I LOVE BLACK HUMOR. PEOPLE ARE NOT ALWAYS LOOKING FOR A SERIOUS OPINION. WITH MY COLUMN I DON'T WANT THE READER TO MEDITATE BUT TO SMILE » VERY SERIOUS One of the most popular sections is «Kidding but Seriously », a relaxed space written by Juan A. Pittaluga, who invites to read with a glass of wine in hand. ¿Will he publish a book with all these stories? «It could be a good idea …», he answered (not to say «yes»). for those alternatives, maybe because of the conservative style of law firms. We can't be like the taxis with Uber, just trying to maintain the old business rules. We must adapt to what is coming and offer a better or different service. ¿What is the key to adapt to the changes in the Intellectual Property field?

¿What were the worries of law firms twenty years ago and which are the current ones? One of the main worries nowadays, which also existed twenty years ago, is that the registration of trademarks and patents from each country are substituted by an international registration. If this finally happens one of the thoughts is that the professionals dedicated to this field will no longer be needed. Some countries are already suffering it. But we need to turn the page and look for alternatives. Sometimes we are not looking www.marcasur.com

Instead of staying apart, law firms should begin to come together not only within each country but internationally. The number of players is going to decrease and we have to be prepared. Also, we have to explore issues beyond the registration of trademarks, such as trademark infringement and counterfeit for example. There are actually law firms dedicated to such area of work and they are doing it very well. Another possible working area to develop could be the advisory of making a better use of use of trademarks, like improving the image of such trademarks before the consumers, meaning, to go beyond the administrative registration. To advise doesn't mean to tell the client «you should register this in the European Community», but to

explain to him why is the he is registering it and what to do next. Back to the magazine ¿what are the next plans for Marcasur? To continue to evolve. There will probably be further interaction with the readers. People will read an article and will want to interact with the author or the spokesperson at the time of reading. Photography, which has always been our flag, will continue to succeed through different platforms. There will be more videos, more social networks. Communication will be more dynamic and open and the publicity will also change. I have always pushed the pedal on digital subjects and on new things. ¿Will you reach other markets besides Latin America? Yes, we have already reached the United States, Europe and Asia through digital media and we want to work more in those markets. We don't intend to invade global territories or reflect the intellectual property of the world, because this job is already done by our colleagues, but to be the best ones informing about Latin America. M By Fabiana Culshaw 27

Good wishes for the 20th anniversary

"It has been a long road, with many successes, but I suppose also with many difficulties, hard work and affection. Keep it up for another twenty years. The truth, you have followed a very nice path, important, risky and new at the time and you have to keep going”

Alejandro Breuer. Estudio G. Breuer, Argentina

“Congratulations and continue working with the same impulse as always.”

Twenty years of Marcasur! Undoubtedly, it has had an interesting evolution and a fruitful growth during this time, and I believe that its presence has been consolidated in the firms of Latin America. It is a complete and enjoyable magazine, where we can easily find useful information about IP events that are taking place, articles of interest and news on different topics, news about colleagues in the region and events of our profession. We like the photos, the comments and the warmth of its members. Keep going!"

Jorge Soruco Villanueva. Estudio Sorvill, Bolivia

Claudia Serritelli. Estudio Chaloupka, Argentina

“Congratulations, keep up the good work.” Marcello do Nascimento. Mascaro Nascimento, Brazil

«Marcasur is an agile and fresh tool to keep up to date with new information, events and news related to intellectual property in a light and enjoyable way. The combination of this information with reports of tourist sites is very nice because it motivates to visit other places» Pilar Soruco Etcheverry. Orpan Soc. Civ, Bolivia

“Continue working hard with interesting interviews and serious articles. Keep up the credibility of a magazine that always thinks about the evolution of intellectual property, not only in Latin American countries but throughout the world. Keep it up, improving quality and always looking forward.” Paulo Parente. Di Blasi Parente & Asociados, Brazil

www.marcasur.com

CHILEAN LAW FIRM 1925-2016

PUGA ORTIZ ABOGADOS EXPERIENCE AND ACCURACY

Since its foundation 90 years ago, Puga Ortiz Abogados, currently formed by a team of 40 lawyers, has been characterized by providing a service of excellence and accuracy, evident by its ongoing concern for adding the best professionals in different areas of its practice. This has enabled the Firm to gain the recognition of prestigious international publications such as Chambers & Partners, Who's Who Legal and Latin Lawyer, who emphasizes Puga Ortiz Abogados for its ability to address highly complex cases and as one of the leading Chilean law firms specialized in Corporate Law, Dispute Resolution and Intellectual Property.

www.marcasur.com

INTELLECTUAL PROPERTY AREA To meet the needs of its clients, who demand a high degree of specialization, the intellectual property team of Puga Ortiz Abogados has a strong technical and legal background. This area also makes sure to carefully track any changes in the relevant economic sectors, which gives the Firm an overall view that facilitates choosing the best strategy with which to defend intellectual property assets. Advice and protection provided by Puga Ortiz Abogados extends in the entire chain of value of production and exploitation of protected content, which includes the design of strategies, legal opinions, contract negotiation and drafting, legal proceedings, among

others, with a flexible structure and strong support on information technologies. Our IP experts, led by the partner Cristiรกn Mir Balmaceda, recently highlighted as a leading lawyer on IP by the ranking of The Legal 500, and the associate attorney Yair Riquelme Belmar, provide integral assistance in connection with patents, utility models, industrial drawings and designs, trademarks, copyright, domain names, geographical indications and designations of origin, intellectual property infringements, unfair competition, contracts, licenses, technological transfer and franchises. www.pugaortiz.cl

COVER NUMBER 1 OF MARCASUR Turned into a historical piece, we remember this first cover of MARCASUR. It was designed with the aesthetics of a newspaper. The initial idea was to connect, through information, news and current affairs, the different actors that throughout the South American continent were linked to Intellectual Property.

www.marcasur.com

Discover the strengths of our Area of Intellectual Property Trademarks and patents registration

Protection of copyright

Anticounterfeiting and infringements

Registration and protection of plant variety rights

www.aem.cl Rosario Norte 555, of. 604 - 605 Edificio Pablo Neruda - Las Condes Santiago Chile Tel. +56 2 2246 1222 E-mail, imartinez@aem.cl

Aniversario A niversario

TRADEMARKS AND PATENTS APPLICATIONS FOR REGISTRATION IN TWO DECADES

IN AN UNPRECEDENTED FACT, A STUDY CARRIED OUT BY LATINESTADISTICAS REVEALS HOW APPLICATIONS FOR TRADEMARK AND PATENT REGISTRATIONS IN LATIN AMERICA AND THE WORLD HAVE BEHAVED IN THE YEARS 1995, 2005 AND 2015

www.marcasur.com

2016

STATISTICS

To celebrate Marcasur's 20th anniversary, LatinestadĂsticas set out to investigate what happened in intellectual property twenty years ago (in 1995), reviewing the totals of 2005 and, comparing them with the most recent results. Trademark and patent applications presented in 19 countries of Latin America in 1995, 2005 and 2015 were taken into account for this study, as well as those carried out in the main continents of the world: Asia, North America and Europe (the most recent continental references refer to 2014). The statistical comparison for 2014 was applied in countries that did not provide information for the year 2015. This procedure was used in Bolivia, Honduras, Nicaragua, Cuba and Paraguay for the analysis of trademark and patent registrations (the latter also included Dominican Republic).

TRADEMARKS

Based on the results of 2015, in Latin America the requests for trademark registrations grew 219,64 with respect to 2005, and 452,09 in relation to 1995 (see chart 1)

452,09 % Trademark applications in Latin America grew in 2015 with respect to 1995

344,83 %

Trademark registration in Mexico increased, becoming the country with a greater development between 1995 and 2015

With 119,34

Colombia is the country with the highest growth in trademark applications between 2005 and 2015

219,64 % Trademark applications in the world increased, taking as references the totals of 2005

In that area, between 2005 and 2015 most of the countries evolved, except Chile (-5.63%), Ecuador (-13.28%), Argentina (16.56%), Venezuela (-32.19% ), El Salvador (-41.97%) and Uruguay (56.35%), which also registered a decrease of -41.20% compared to 1995. This South American nation is the only one, of the figures obtained corresponding to 2015, with a negative balance in 1995 and 2005 (see chart 1) Of the total number of applications in all Latin American and Caribbean countries (see chart 3), residents represented in 1995, 62.97% (184,123), 66.80% (276,189) in 2005 and 70,09% (326,641) in 2014. Between 1995 and 2014, the number of trademark applications for residents and non-residents increased by 59.39%, while in the last ten years it was 12.71% (see chart 3) At a global level, and taking the totals for 2014 as a reference, the region with the highest growth was Asia: 416.99% in 1995, and 131.31% since 2005; followed by North America: 80.61% since 1995, and 28.27% since 2005. Residents have also been the majority in the world: of the total number of applications 65.66% (1,222,500) were executed in 1995 and 80.16% (4,159,323) in 2014 (see chart 5)

www.marcasur.com

STATISTICS

Chart 1. Trademark applications in Latin America (1995, 2005, 2014, 2015)

Totals (from Fluctuation Fluctuation Fluctuation Fluctuation 1995 to % between % between % between % between 2015) 2014 and 2014 and 2015 and 2015 and 1995 2005 1995 2005

Country

Note:(*) Countries with data corresponding to 2014. S/d: without statistic data.

Chart 2. Growth of trademark applications in Latin America (1995, 2005, 2015)

1995

2005 72,72%

98.832

2015 219,64%

170.706

545.642

Note: the data is related to the information published in chart 1.

www.marcasur.com

STATISTICS

Chart 3. Trademark applications by continents (1995, 2005, 2014) Non Residents Residents

Non Residents Residents

Geographic zone

Fluctuation Fluctuation % between % between 1995 and 2005 and 2014 2014

North America Latin America and Caribbean

In the world Note: The information was extracted from the Statistical Data Center of the World Intellectual Property Organization (WIPO) and includes all the countries of our continent (which is why it differs from the totals in chart 1) to which WIPO has access "through national and regional IP offices, and data generated from the international filing and registration systems managed by WIPO", as pointed out on their website.

Chart 4. Trademark applications, processed by residents and non-residents in all Latin American countries and the Caribbean (1995, 2005, 2014)

Residents

Non-residents

Note: The percentage calculation was based on information published by WIPO Statistical Data Center which includes all countries of our continent

Chart 5. Trademark applications in the world, processed by residents (1995, 2005, 2014)

Note: The percentages were calculated based on the registrations of WIPO Statistical Data Center and includes all the countries of the world

www.marcasur.com

STATISTICS

PATENTS In Latin America, patent applications increased 117.94% in relation to 1995, and 29.35% in relation to 2005 (see chart 6)

Regarding 1995, in 2015 nine countries increased their patent applications between 607.69% (Panama) and 81.69% (Colombia). The only relapse in this cycle (from countries with data available in 2015) was Argentina, with -4.10%. Cuba, whose latest data correspond to 2014, also declined -70.80%. Between 2005 and 2015, the variation in the number of requests for patent applications in the region ranged between 40.26% (Brazil) and -22.40% (Argentina) (see chart 6).

By 1995, residents were leading patent applications worldwide, with a 67.09% (702,800) advantage. In 2005 and 2014, the situation remained almost the same, with 61.01% (1.039.000) for 2005 and 67.15% (1.800.300) for 2014 (see chart 8) In the world, patent applications have gradually increased. In 1995, 1,047,400 were filed; in 2005, 1,702,900; and in 2014, 2,680,900. (see chart 8). In all Latin American and Caribbean countries, nonresidents requested more patent registrations in 1995, 2005 and 2014 (see chart 9).

Latin America and the Caribbean (200.53%) is the second region, after Asia (219.31%), where applications for patent registrations in 2014 most increased in relation to 1995 (see chart 8).

Chart 6. Patent applications in Latin America (1995, 2005, 2015)

Country

Fluctuation Fluctuation Fluctuation Totals (from 1995 % between % between % between to 2015) 1995 and 2005 and 1995 and 2014 2014 2015

Fluctuation % between 2005 and 2015

Note: (*) Countries with data corresponding to 2014. S/d: No statistical data. Argentina, Bolivia, Cuba, El Salvador, Haiti, Paraguay, Nicaragua, Uruguay and Venezuela are not part of the International Patent System (PCT) www.marcasur.com

STATISTICS

Chart 7. Growth of patent applications in Latin America (1995, 2005, 2015)

2005

1995 117,94% 21.175

2015 29,35%

46.149

59.696

Note: the statistical data is related to the information shown in chart 6

Chart 8. Patent application by continents (1995, 2005, 2014)

Geographic zone

Non Residents Residents

Fluctuation Fluctuation % between % between 1995 and 2005 and 2014 2014

Latin America and Caribbean North America

In the world Note: The information corresponds to the Statistical Data Center of the World Intellectual Property Organization (WIPO). It includes the totals of all the countries of Latin America and the Caribbean to which WIPO has access "through national and regional IP offices, data generated from the international filing and registration systems managed by WIPO", and data extracted/compiled from the Patstat database, as pointed out on their website..

Chart 9. Patent applications in all Latin America countries and the Caribbean, processed by residents and non-residents (1995, 2005, 2014)

Residents

Non-Residents

Note: The percentage calculation was based on information published by WIPO Statistical Data Center which includes all the countries Latin America.

Chart 10. Patent applications in the world, processed by residents (1995, 2005, 2014)

Note: Percentages calculated with data from the records of WIPO Statistical Data Center which includes all the countries of the world. 38

www.marcasur.com

STATISTICS

Countries with more applications in the region

BRAZIL

MEXICO

Trademark applications (1995, 2005, 2015)

Between 1995 (76,816) and 2005 (99,318), trademark applications increased 29.29%; and between 2005 and 2015 (158,709), 59,80%. Colombia (119.34%), Mexico (110.24%) and Dominican Republic (67.25%); Brazil (59.80%) is the country with the highest increase in the period 2005-2015. With a rise of 106.61%, Brazil occupies the third position among the countries that most increased the trademark applications in 2015 with respect to 1995. It is preceded by Colombia, with a growth of almost 235%, and Mexico with 345% . Brazil, the most populated country in the region, it is also the nation where more trademark applications were filed in the last 20 years: 2,344,416. Patent applications (1995, 2005, 2015) Its evolution, although constant, has slowed down. Between 1995 (7,448) and 2005 (18,498), its growth was 148.36%, and between 2005 and 2015 (25,946) of 40.26%. By 2015, patent applications grew 248.36% in relation to those filed 20 years ago. Since 1995, 462,341 patent applications have been filed in Brazil. On January 9, 1978, Brazil ratified its adherence to the International Patent System (PCT).

www.marcasur.com

It was the Latin American country where trademark applications most increased in 2015 (134,342) compared to 1995 (30,201): 344.83%, and the second, after Colombia (119.34%), with the highest growth in relation to 2005 (110.24%). After Brazil (2,344,416), Mexico is the second country for total trademark filing applications in the last 20 years (1,506,418). Patent applications (1995, 2005, 2015) Its progress has been evident in the three years studied by Latin Statistic, growing 167.66% between 1995 (5,393) and 2005 (14,435), and 29,55% between 2005 and 2015 (18,701). Mexico is among the countries with the highest increase in patent applications in the last 20 years, with an increase of 246.76%, positioning itself above Guatemala (241.28%), El Salvador (202.99% ), Uruguay (162.50%), Ecuador (158.27%), and others. Mexico adhered to the International Patent System (PCT) on October 1, 1994

ARGENTINA Trademark applications (1995, 2005, 2015) Between 1995 (60,884) and 2005 (79,018) applications grew 29.78%, and between 2005 and 2015 (65,931) fell -16.56%, a result that placed them among those that decreased in that rank with Chile (-5.63% ), Ecuador (-13.28%), El Salvador (-41.97%), and Uruguay (-56.35%). Although it is the third country where most trademarks have been filed in the last 20 years (1,416,070), it is one of the countries where less trademark registrations were DESARROLLADAS compared to 1995 (8.29%). Patent applications (1995, 2005, 2015) Argentina is the only country (with the available data) that recorded negative figures in the comparative periods with 2015: -4.10% and 22.40% with respect to 1995 and 2005. Its best period - of those studied by Latin Statistics - occurred between 1995 (4,264) and 2005 (5,269), when it presented an increase of 23.56%. From 1995 to 2015, 109,525 patent applications have been filed in Argentina.

COLOMBIA

PERU

Trademark applications (1995, 2005, 2015)

Trademark applications (1995, 2005, 2014)

Its growth has been gradual, going from 52.72% between 1995 (13.054) and 2005 (19.937), to 119.34% between 2005 and 2015 (43,730), positioning itself as the leader in a percentage increase in trademark applications in the last decade. Its evolution between 2015 and 1995 was reflected in 234.99%. In Colombia, since 1995, 441,117 trademark applications have been filed.

In the last 20 years, 407,415 trademark applications were filed. Between decade and decade, its evolution has been constant, growing 24.57% between 1995 (15,108) and 2005 (18,821), and 40.02% between 2005 and 2015 (26,354); this last figure places it above Panama (13.09%), Guatemala (4.72%), and Costa Rica (4.13%). In Peru, 74.44% more applications were filed compared than in 1995, a figure that places it above Dominican Republic (71.88%), Guatemala (29.59%), Costa Rica (17.00 %), Chile (16.99%), Argentina (8.29%), and Ecuador (4.92%).

Patent applications (1995, 2005, 2015) With a steady growth, Colombia went from receiving 1,234 patent applications in 1995, to 1,761 in 2005 and 2,242 in 2015. These figures translate into an increase of 81.69% (between 1995 and 2005) and 27.31% (between 2005 and 2015). The fluctuation of 2015 with respect to 1995 was 81.69%, below Chile (91.91%), Ecuador (158.27%), and Uruguay (162.50%). In 20 years, 35,107 patent applications have been filed in Colombia. The adhesion of Colombia to the International Patent System (PCT) occurred on November 29, 2000.

CHILE Trademark applications (1995-2005-2015)

Its numbers improved 23.96% from 1995 (27,231) to 2005 (33,757), but between 2005 and 2015 (31,858) they increased -5.63%. Together with Argentina (-16.56%), Venezuela (32.19%), El Salvador (-41.97%), and Uruguay (-56.35%), among others. It is also one of the countries with the lowest growth between 1995 and 2015 (16.99%), especially when compared to Mexico (344.83%), Colombia (234.99%) and Brazil (106.61%). Patent applications (1995, 2005, 2015) Among the countries whose data is available, after Colombia (81.69%), it is the second country where patent applications between 1995-2015 (91.91%) were the lowest in relation to 1995. Between 1995 (1,706) and 2005 (3,007), the growth was 76.26%; while between 2005 and 2015 (3,274) the increase was 8.88%. Chile, which from 1995 to 2015 has received 57,527 patent applications, has been adhered to the International Patent System (PCT) since March 2, 2009.

Patent Applications (1995, 2005, 2014) Patent applications grew 22.45% in 2015 compared to those filed in 2005. Peru acceded to the International Patent System (PCT) on March 6, 2009.

Latinestadisticas has quantitative detailed information on trademarks and patents of each Latin American country. You may request it to: comunicacion@marcasur.com Consulted Sources: World Intellectual Property Organization (WIPO) (www.wipo.int) Argentina: Claudia Serritelli (Estudio Chaloupka) Brazil: Vivian Íris Barcelos, Luiz Pimentel and Marcelo Chimento (National Institute of Industrial Property). Chile: National Institute of Industrial Property Colombia: José Luis Londoño and Henry Plazas (Superintendency of Industry and Commerce) and Fabio Andrés Quintero (Vera Abogados). Costa Rica: Cristian Mena (National Registry of Costa Rica) Ecuador: Jackeline Herrera (Ecuadorian Institute of Intellectual Property) and José Luis Barzallo (Barzallo & Barzallo Abogados). El Salvador: Evelyn Menjivar and Rafael Castillo (National Registry Center, CNR). Guatemala: Intellectual Property Registry. Mexico: Mexican Institute of Industrial Property. Peru: Liz Mena (National Institute for the Defense of Free Competition and the Protection of Intellectual Property (Indecopi) Dominican Republic: National Office of Industrial Property. Uruguay: Lucía Núñez (National Office of Industrial Property). Venezuela: Adolfo López Moreno (Ayala & López Abogados).

By Wina Arambulé for Latinestadisticas

Young People with more than 75 years

of EXPERIENCE

ced n e i per x e ts of n e m i l tea vide c a as pro vices d t e a z gni als th IP ser o c Re ssion ality e u prof high q ns. h wit solutio and

Avenida Insurgentes Sur 1898, Pent Office 21 floor, Col. Florida C.P. 01030, Del. ร lvaro Obregรณn Mexico City, MEXICO. Tel: (52) 55. 5322-6230 Fax: (52) 55. 5661-3056 www.dumont.com.mx

www.marcasur.com

MAIN ARTICLE

A NEW AGENDA IMPOSES

REGARDING INTELLECTUAL PROPERTY, LATIN AMERICA HAS BEEN MODERNIZING ITS LEGISLATIONS AND PRACTICES, BUT IN MANY ASPECTS IT IS STILL BEHIND. THE FUTURE WILL BE LIKE A RACE MARKED BY THE NEW TECHNOLOGIES, TO WHICH THIS REGION MUST NECESSARILY JOIN IN ORDER TO MOVE FORWARD

www.marcasur.com

I 20 AÃ&#x2018;OS

MAIN ARTICLE

Etienne Sanz de Acedo

In the last twenty years there have been improvements regarding patents, copyrights and trademarks although it's been unequal depending on the country. The consulted experts agree that the most notorious improvements happened, for example in Chile, Colombia, Mexico and Peru. These countries have known how to modernize their Intellectual Property legislation while others like Venezuela, Ecuador and Bolivia are still behind and politicized the subject. Etienne Sanz de Acedo, CEO of the International Trademark Association (INTA), mentions a third group: countries that despite being engines of the Latin America economy, have not evolved in Intellectual Property as expected, such as Brazil or Argentina “The legislative framework there is not the ideal and a specialized judiciary does not exist”, he said. Experts point out that the Intellectual Property role has had a higher relevance through the years due to the effect of greater offers and global demands, the internet, which has changed the business world, and the awakening of a more informed and less dependent new consumer. «Three words are key to IP in Latin America: harmonization, integration and enforcement» pointed out Felipe Claro, partner at Claro & Cía. from Chile and President of the International Association for the Protection of Intellectual Property (AIPPI). The evolution of the IP system is also accompanied by the development of organizations that defend this subject. «Although the patent system in my country began in mid-nineteenth century, during year 2009, a series of improvements began with the creation of the Intellectual Property National Institute», said Maximiliano Santa Cruz, National Director of INAPI, from Chile.

Felipe Claro

www.marcasur.com

INTA'S PLANS The International Trademark Association (INTA) considers the Latin American and Asian region as imperative markets for the organization. Together with ASIPI, INTA is carrying out a market study on the value of the trademarks, their impact on the GDP and social welfare in the countries of the Pacific Alliance: Colombia, Peru, Mexico, Panama and Chile. The main topics of the entity are: harmonization of legislation and processes between countries, simplification of trademark applications, potential role of the offices in enforcement matters, counterfeit, how plain packaging impact industries, for example, the tobacco industry. INTA intends to have greater presence in the region in the coming years, through the support to multi-Latin companies and entrepreneurs. The Association will open an office in Latin America in 2017.

Luiz Henrique do Amaral

local companies to innovate and expand their markets beyond borders. «These facts increased trademark and patent registration, by Colombian owners as well as from foreign ones, comparing to previous years », added Jorge Vera, partner of Vera Abogados Asociados, from Bogota. But this is not enough. A negative aspect is that the funds used for research and developments in the region have always been scarce. Although México is among the countries with the highest growth in patent applications in Latin America in the last twenty years, with an increase of 235%, we cannot develop all the initiatives we should, only a few», said Becerril.

TRADEMARKS AND AUTHORS ON THE WEB Since its appearance, the Internet has been a challenge for trademarks and copyright issues and it will continue that way. Vera states that legislators are worried about the responsibility of internet content service providers. «There are verdicts regarding the degree of responsibility that internet browsers may or may not have, by allowing access to certain websites where you can view merchandise with infringing trademarks or products that are infringing intellectual property rights», Otamendi said. These are new topics that technology has brought so that the legal system begins finding solutions in Latin America, and most likely, it will be done according to how they are resolved in the United States.

AIPPI'S POSITION The International Association for the Protection of Intellectual Property (AIPPI) prioritizes its objective of helping countries to correctly protect IP worldwide. The entity monitors the reports of the Tegernsee Group on the harmonization of terms of grace, the rights of previous users, publication deadlines and conflicts between patent applications. "This allows us to review our situation in the region and see if we are going in the right direction," commented Felipe Claro.

«ONE OF THE FOCAL POINTS IS THE PLAIN PACKAGING THAT IMPACTS THE TOBACCO INDUSTRY» www.marcasur.com

Brazilian Industrial Property Law: 20 Years Later

Its been twenty years of the existence of the Industrial Property Law of Brazil (Law 9279, dated May 14, 1996). With its creation, we have noticed the importance that the protection of patents, industrial designs, trademarks, license agreements, among others, represents to Brazil. With the increase of inventions in recent years, Law 9279 has become more present in the life of the Brazilian society and acquired great relevance for companies and individuals. Such is the case that the number of trademark and patent registrations has, year after year, increased significantly in this country. It is worth mentioning some examples since the regulation of that law, such as: a. Possibility of protecting pharmaceutical and food chemicals.

b. Strengthening of the patent system by simplifying the process and the elimination of currently unacceptable legal requirements, such as compulsory licensing for lack of local production.

(currently there is a committee in the Tradmark Office working on obtaining that protection).

c. Minimum term of protection of ten years as from the registration of the patent (independent from the technological area) and seven years for utility models.

h. Inclusion of rules of procedure with a more effective impact in order to avoid continuity of the illegal activities.

d. Possibility of a quicker protection for industrial designs (the validity of protection went from 10 to 25 years). e. Simplification of the trademark registration process. f. Inclusion of parameters for obtaining well-known trademark registrations

g. Possibility of requesting trademark and patent protection through the electronic system (e-filing).

i. Legal precaution for the creation of specialized trials in the intellectual property area (facilitating a more effective application of protection of industrial property rights before society). j. More effective protection of unfair competition actions (over the years, this protection gained more scope, especially before the Judicial Power) k. Insertion of new legal rules to combat counterfeit products more effectively. l. Rules created to expedite the filing of the registration process of contracts.

However, there is much to improve. It is not unknown that the Patent and Trademark Office in Brazil (INPI) has a backlog in the analysis of trademarks and patents. This causes difficulties for the owners, and even for the economic growth of our country. In virtue of the backlog, it is necessary to implement improvements in the aforementioned office; that is, a better system and a more efficient strategic plan. The Brazilian Judicial Power played a fundamental role during those years, not only for the full implementation of the regulations of this law, but also for its harmonization and protection of the rights of the respective owners. Beyond that, we verified that the Brazilian Industrial Property Law adapted very well to the new creations and inventions that have impacted our society in these twenty years and, surely, will have to continue to do so before the demands of the future.

Elisabeth Siemsen do Amaral Rafael Dias Lima Dannemann Siemsen Bigler & Ipanema Moreira, Brazil

m. Significant change in the remittance of royalties, licensing of patents, designs and brands (flexibilization).

www.marcasur.com

INFRINGEMENTS I BY VIRGINIA CERVIERI

FIGHT

AGAINST COUNTERFEIT YESTERDAY AND TODAY I started my career in law business in Uruguay, 20 years ago, making my first steps in Intellectual Property. That same year, MARCASUR was arising with valuable contents related with modern issues on this matter. The difference between what was happening at that time and today, are obvious. Latin America has suffered lots of changes, what has eventually modified our way of working. The learning process and improvement has been important, but if Francisco de Goya wrote on one of his last drawings at his 80´s: “I still learn…”, imagine everything that is still ahead from us. I can clearly remember the first case in which I participated: representing Nintendo of America. It referred to the 50

the old Nintendo cartridges, those that were inserted at the top of the console that was connected to a TV serving as a monitor. At that time, one of the elements we used to evidence its forgery was that, in imitations, one cartridge included one hundred (or more) games, while the legitimate had only one. It´s impossible to think in such thing today. Games are no longer in cartridges, and instead, are bought online and in multiple versions. Obviously, piracy is still a problem, but no longer by impounding a container with game cartridges. Instead, we now have to fight against online keys and security codes that allow people to download these games. A case I remember of those times, www.marcasur.com

False cartridge that supposedly has “all” the games

was the seizure of more than 160.000 Nintendo cartridges in the Montevideo Port, that came from China and where destined to Paraguay. They attracted the attention of the Customs because they were declared as “cartridges” and the system detected them as “weapons”. By denunciation of the owner of the brand, the Criminal Court ordered its seizure and subsequent destruction.

20 YEARS AGO

TODAY

Seize fake goods IN TRANSIT was almost impossible in most legislations.

Lots of countries seize goods IN TRANSIT independently from their final destiny.

ONLINE commerce did not exist. 99% of fake goods where seized in fairs, roadside stands, warehouses or Customs.

More than 50% of fake goods can be found ONLINE, generating a new way of marketing counterfeit products.

There was no possibility of REGISTRING a trademark in CUSTOMS.

Most customs from around the world implemented the registration of trademarks, as a way of having a DATABASE OF COUNTERFEIT PRODUCTS, registered trademarks and agents.

CONTAINERS or ENTIRE DEPOSITS were found with fake goods.

Fake goods are send in smaller amounts: several times and in SMALL SHIPMENTS.

The DESTRUCTION of fake goods was done in a rudimentary form, usually in large fires.

Fake goods are to be destroyed according to the ENVIROMENTAL norms of each country, under the strictest protocol.

Fake products were synonym of LUXURY HANDBAGS and SPORT PRODUCTS.

The range has increased after several years. Besides luxury handbags and sport products, car parts, cosmetics, MEDICINES, ELECTRONIC DEVICES, health care products, foods, EYEGLASSES and toys, among others, have been added.

GOODS IN TRANSIT One of the brands objectives in Latin America is to detect big containers with fake goods; even more when they can be seized in transit. This is, probably, the most transcendent change in the last 20 years. “Goods in transit” are those, that being in a country´s territory, are exempt from charges for not having reached its final destination, subject from the payment of fees for rendered services. The transit regimen does not supreme the application of local laws. Goods are circulating or being deposited in a country, and the fact that they do not pay duty does not discriminate its submission to brand laws. Countries with more presence of goods in transit (being considered logistical hubs) are Panama, Chile, Peru, Bolivia and Uruguay. In these countries fake goods are seized on the basis of in force local trademark laws in each jurisdiction and TRIPS agreement, which recognizes intellectual property rights to member c o u n t r i e s o f t h e Wo r l d Tr a d e Organization (WTO). This permits goods to be inspected by the Customs and seized once observed counterfeiting. The situation is quite particular in Peru, since the law that allows seizure of goods www.marcasur.com

in transit excludes, in its rules, figures of re and transshipment. This made counterfeiters to cease the matter by mode of transit. Instead, they´ve been forced to do so by figures excluded by law. There is also an exceptional situation in Chile where the Free Trade Agreement of 1904 states free movement of goods to Bolivia. This implies that all transit goods entering through Chile, cannot be seized.

A MATTER OF DESTINY The destiny of fake goods deserves a whole separate chapter; it´s procedural opportunity is a matter of debate in almost every country. Where there is specialized justice, goods are seized and after a few months, destroyed, as in Paraguay. On the other hand, in countries where there must begin a criminal or civil trial, the counterfeit product is considered as the “proof of the crime” and it cannot be destroyed until there is a final judgment on the matter. Even more, when there is an expertise that states that the product is fake, the case prosecution must be expected. We must always remember

that the counterfeit product is a result of the commission of a crime. Therefore, it must be immediately withdrawn from the market and banned. Few countries authorize in their law the donation of counterfeit goods; Uruguay, for example. This happens when, by its nature, items could be delivered to charities. When it comes to shoes or clothing, justice usually orders the donation after removing the brand logos. How is it destroyed? Who assumes its costs? Who is responsible? These three issues are related, since goods are retained by the apprehending organism (the one responsible), but the brand, to report and appear, is responsible for the veracity of their statements, their consequences and final destination of goods. In almost every country the cost and responsibility of the destruction (and in some cases even the deposit) is in charge of the brand. As to the form of destruction, it has also evolved. Today, no country accepts the merchandise to be cremated, something that was quite common at the beginning. 51

It is much simpler when products are recyclable but it can get complicated when they contain lead or when plastic is in such bad condition that it cannot be recycled. This takes, for instance, that tens of thousands of electronic products have to be dismembered by hand before their destruction, to remove contaminants. This increases time and cost. Cell batteries, as well as perfumes or products that can only be destroyed by chemical processes, are some of the most common examples. It is important to remember that the counterfeit product is a result of crime, and I do not repeat this in this same note by mistake but to remember it, since it´s usually easily forgotten. Fake products have been produced and manufactured in unhygienic conditions, exploitation, using child labor hand, and involving arms trafficking and money laundering. This premise must always be present in our minds and we shall share it with all authorities involved.

SKILLS AND COLLATIONS In these 20 years, performing on counterfeiting expertise to demonstrate

A film and black paint conceal the counterfeit trademark 52

the judge, prosecutor or trademark office, that a product is fake, has become a regular and, therefore, accepted practice. In some countries, skills can be part; in others, a particular expert who the brand pays its fees; and others have state experts that by witnessing by a specific element in a expertise, conclude if the product has more or less differences that make him –or not- legitimate or false. Are skills needed? While it is true that a skill gives objectivity to the process and that it is an element that allows the court to determine the trademark crime, it is also true that there is no better expert than the complainant brand. Therefore, if the mark requests the seizure of the goods for being fake, and is responsible for its statements saying that the product is not genuine, this should be more than enough to advance without resorting to a third person for asserting it. In any case, if the mark affirms that the product is false and the offender claimed otherwise, then yes, to the discrepancy, it would be correct to recourse to an expert. In fact, this would save a lot of time.

“CREATIVITY” TILL THE END Before, containers were opened and fake goods would just “fell over us”. Now, counterfeiters hide brand logos under unnoticeable sheets. Among the novelties we have discovered that techniques have developed to evade the crime of forgery, trying to avoid being considered among terms like “fake”, “imitation”, “manufacture” a fake product, etc. (Acá van las imágenes de los dos celulares) They turn to include more letters on the brand, for example: Aididas instead of Adidas, or they add a fourth strip to evade the mark of the three strips. They also place a “hump” to the Nike swoosh to alter it, or sell a shirt that is exactly as the original but unbranded, or include the phrase “Our version of…” to cover the use of the mark arguing that it warns the consumer that it is not original but instead a version of it. All this leads to the forgery trials of trademark counterfeiting to move from a seizure and destruction, to search for new legal arguments and even to new legislations, to be able to face the

The counterfeit Apple trademark is concealed so that it looks like a phone without trademark at customs www.marcasur.com

¿WHAT WOULD I LIKE TO HAPPEN? MEMORABLES

Original versus counterfeit

A paradigmatic case of the region was one on the Uruguayan Football Team´s t-shirt. A proliferation of exact copies of the originals where detected on the market, but they did not present the Puma brand anywhere. The affected, could not act. The registration of the figurative mark of the t-shirt, by defining design patterns that could be distinguished, was requested. This resource allowed the seizure of more than 30 thousand fake t-shirts. (Acá va foto de la camiseta Puma original versus falsa) It also meant a relevant case the proliferations of the electronic devices known as FTA (Free to Air), that were commercialized on a great scale throughout Latin America. Under a genuine product that served for hunting free signals, an object for hunting TV payed signals was sold. The device is legal, but its use is illegal. After lots of research and skills, we managed to stop the marketing of these products by violation of the copyright of safety codes.

www.marcasur.com

The box says “our version” of Chanel when it is not an original product.

changes of technological and marketing of fake products. Containers have been detected with boxes of hats that come packaged by dozens where the first one in unmarked, but when the bags are opened, it can be seen that from the second to the twelfth, they are all branded and fake. All of us lawyers who exercise in this area should know how to detect and attack this new type of counterfeiting.

NEW CHALLENGES 20 years ago, companies saw in Latin America a potential territory for the commercialization of fake products. In some countries, where we have already worked hard, it´s very difficult to find containers with fake merchandising in an evident way. We changed from being ignored by the authorities to a present in which 90% of those fighting against this scourge have been trained, at least once, in this matter. Education has changed the course of the proceeding and counterfeiters, today, seek for alternatives to send the fake product to its final destination. Murray Rothbard, a renowned American economist, used to say that “Counterfeiting creates a problem only when it´s successful. This means that only when the counterfeiting products are so well designed, they cannot be discovered”. Hence, it is our task to avoid this problem, discover and unravel the falsification to prevent it from reaching the consumer.

In Specialized Justice: prosecutors, judges and trademark offices to be specialized in this field so as to not have to share a case of forgery with a homicide, robbery of presentation of trademark or patent. Severe prison sentences for counterfeiters: it is no longer enough that the offender should lose his merchandise. Imprisonment must exist. Whom participates in the business of counterfeiting knows he will lose a merchandise container at some point that is a part of the economic equation of his business. This does not stop them, but a criminal conviction with imprisonment would do so. Conviction on damages from the violator by selling fake products and damage to the brand´s image: it is not only enough with the loss of goods, now with a prison sentence. Brands must be able to reimburse the costs of the trials and be compensated for the sale and marketing of counterfeit products. The counterfeiting of products will continue existing as long as there are brands and new products coming out. Giorgio Armani said about a fake: “The clock was identical (…). The fact that it has been copied, means we are doing things correctly”. Counterfeiting will not come to an end. Out task and commitment as lawyers is to demonstrate the direct and indirect damages of counterfeiting and ensure that there is no impunity, because, as Eduardo Galeano wrote: “Impunity rewards a crime, makes propaganda and induces a repetition: it encourages the offender and spreads its example”. M

ByVirginia Cervieri Partner at Cervieri Monsuarez & Asociados, Uruguay. President of the Chamber of AntiPiracy and Contraband, to which she has been linked since 2009. Vice-Chair of INTA's Anticounterfeiting Committee.

HOW TO WORK IN CENTRAL AMERICA BUFETE MEJÍA & ASOCIADOS LAUNCHED A BOOK AT THEIR STAND DURING INTA ORLANDO

Bufete Mejía, the IP leader firm in Honduras with action throughout all Central America, launched its "CentralAmerican IP Booklet", a book that collects all the necessary data and updates to operate with patents and trademarks in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua and Panama. Laws, documents, recommendations, frameworks, deadlines, oppositions, renewals, classification systems, examination systems and the Patent Cooperation Treaty (PCT) are some of the topics included in the publication. Through a Q&A format, the "Central-American IP Booklet"clarifies to readers all the possible doubts they have for applying, registering, renewing, canceling and opposing trademarks and patents across Central America. The book was launched with great success in Orlando, United States, during the 138th Annual Meeting of the International Trademark Association (INTA). In Orlando, lawyers and professionals of Bufete Mejía explained the publication firsthand to all visitors that passed by the firm´s stand at the Exhibition Hall. They were five days of pure grind for the members of Bufete Mejía, which helped not only to spread the new booklet among thousands of IP leaders but also to solidify the strong reputation of the firm. From its foundation, Bufete Mejía has sought to distinguish itself by the excellence of the services provided, which involves face to face contact to find

www.marcasur.com

unique solutions for a wide range of legal issues: patents, trademarks, copyrights, corporate law, false advertising, litigation and domain names, among others. "We recognize that well-trained, experienced and satisfied staff is essential to providing value with service" says the firm, which under that mission has steadily grown to become one of the

most respected firms of Honduras and Central America. www.bufetemejia.com

INTERVIEW I RICARDO ALBERTO ANTEQUERA

LATIN

AMERICA

THE ORANGE ECONOMY CONTRIBUTES WEALTH TO THE CULTURE 56

www.marcasur.com

CREATIVE ECONOMY IS GROWING IN THE REGION BUT CINEMA AUTHORS, WRITERS, COMPOSERS AND DIRECTORS CONTINUE LEAVING TO EUROPE AND THE UNITED STATES The orange economy, that is, the contributions of the cultural and entertainment industries to the GDP of the countries, has been growing significantly. However, this great source of income is not always valued in its entire dimension. Ricardo Alberto Antequera, partner of Antequera Parilli & Rodríguez, explains it to Marcasur from his firm in Caracas, Venezuela. The interviewee has developed strategies for trademark litigation, copyright, unfair competition and entertainment for more than 25 years. How much progress has been made in copyright in the region in the last 20 years? The issue must be viewed from a double perspective: the evolution at the level of subscribing to international agreements and the growth of cultural industries. In the first aspect, except for honorable exceptions, most of Latin American governments have not yet seen the importance of copyright as an identity tool of the nations and competitiveness, as developed countries do. Exceptions are countries producing cultural goods and entertainment, such as Colombia, Mexico, Argentina and Brazil. On the other hand, other nations, for example Venezuela, have lack of knowledge or absolute denial about the relevance of this matter. With regard to the second aspect, Latin America is recognized as a very important source of culture and entertainment contribution for the rest of the world.

remittances. That is to say, according to the IDB, there are 55 billion dollars in royalties or profits associated with the orange economy, and that is half of what Mexico receives from remittances, which also are a very large source of income for that nation. Another example of 2014: the Brazilian creative economy contributed 66 billion dollars to the GDP, more than what Venezuelan oil exports contributed to its respective country. There are great talents in the region who go to Europe or the United States... Usually, people associate the diaspora with the professionals who go to work to big multinationals abroad, but the countries also feel resentful when their artists emigrate. There is a large number of Latin American painters and artists living abroad, local musicians whose center of operations is in Miami or Madrid, rather than staying in Buenos Aires, Bogotá, Caracas. One of the greatest problems of not having a regulatory framework and a favorable environment for creativity is, precisely, that it generates talent to fly abroad.

How much does the orange economy contribute to Latin America? It has been developing at a good pace in several countries of the region. In Mexico, the contribution of these industries represents twice as much for the economy of from what it receives by

«THE MODEL OF BUSINESS OF RECORD SHOPS AND SHOWS HAS CHANGED BY THE NEW TECHNOLOGIES»

www.marcasur.com

SOME FIGURES The Orange economy represented 6.1% of the global economy in 2005, that is to say 4.3 billion dollars, according to IDB data. Between 2002 and 2011, exportations of creative goods and services grew 134% in the world, according to the United Nations for Trade and Development (UNCTAD). The trade in creative services grows 70% faster than that of creative goods, thanks to the internet. Video games occupy more than 70% of the time of use of the tablets. Netflix reports sales of over 3.6 billion dollars annually. Since its launch in 1998, over 25 billion songs have been downloaded from iTunes, with a base price of USD 0.99 per song.

Has technology helped the democratization of cultural industries? Totally. Producing a record is not a titanic task as it was twenty years ago, when the support of a record company was really needed. Nowadays, a homemade disc can have the same quality as one produced in a studio. The business model has also changed and mass artists gain more from live tours and presentations than from marketing their intellectual work in the traditional format. There are also more authors who can live from their creation and a greater number of industries linked to the cultural and entertainment activity, although less than they should be. Have copyright crimes in Latin America changed? The most frequent crime has not changed over the years: it is still the reproduction, public communication and unauthorized distribution of intellectual works. What has varied are the means from which cultural products are illegitimately made available. Now there is digital media, but the type of infringement is the same. Is digital piracy a major concern? It's a big issue, but it depends on how strong the internet insertion is in each country. That is to say, stealing or disrespecting copyright in the internet environment in Cuba is a trifle, because the technological level there is low. In Venezuela, there is a large disinvestment

in the telecommunications sector and the bandwidths there are among the poorest in the world, so downloading content for streaming or storing them for viewing them later is an almost titanic task. What countries of the region are more attentive to this phenomenon? The stronger the national industry is, the more attention they give, such as Argentina, Brazil, Mexico. According to UNESCO, Argentina is the country with most films produced in the region in 2013. Much more is the concern of the Mexican Government, which exported books worth 160 million dollars in 2014, according to the Regional Center for Book Development in Latin America and the Caribbean (CERLALC). In contrast, the Panamanian publishing industry exported only 17.8 million dollars, therefore unauthorized reproductions in an analog way do not alarm them so much. It all depends on the orange economy of each country. Are copyright laws required to be updated? In general, there is no legislation problem in Latin America. All our countries are signatories to the Berne Convention and, some of them, to the agreements that the World Intellectual Property Organization (WIPO) approved in matters of copyright. The problem lies in the implementation of the

ÂŤIN MEXICO, THE CONTRIBUTION OF THE CREATIVE INDUSTRY REPRESENTS TWICE AS MUCH FOR THE ECONOMY OF FROM WHAT IT RECEIVES BY REMITTANCESÂť 58

www.marcasur.com

«TODAY, MORE AUTHORS CAN LIVE FROM THEIR CREATION»

principles and sanctions established by the law. I assure you that if the offender does not go to jail but the infraction stops, the problem for the author or affected company is solved to a great extent. If the interested parties then obtain a compensation for the damages, it is worth a celebration, but the main thing would be to reach stage number one: to stop the violation of the right. Do left-wing governments tolerate more copyright infringements? We have seen that countries with a leftwing policy have taken more lax measures or have added shades to their agenda in terms of copyright, mistakenly thinking that this constitutes a barrier to access cultural goods. That is absolutely false. When, for example, we talk about concepts like free software, people think it's free (free of charge), and it turns out that by definition, it's neither free nor free of charge. What changes is the business model. Do international associations really protect or support authors and composers? In general, they fulfill their function but at the end of the day a matter of public international law prevails in which they cannot intervene, because no one can force a country to respect what it does not want to respect. To promote effective protection standards in intellectual property in Latin America is an issue included in the agenda of the international organizations but, to put pressure on the countries to improve or change in that matter, can be perceived as interventionism.

How much knowledge do authors have about how to protect their works? Progress has been made in many countries, but most of them remain unaware. The public and those who are interested do not have enough information or training. But there is nothing we can do if we have trained authors or leaders of the cultural industries, if there are no politicians who embrace the concept of copyright as a premise to generate greater welfare to society, if the judicial authorities make decisions that are harmful or incorrect for the evolution of the institution, if the customs authorities fail in their role. What should be done to further develop awareness of copyright? I recently read about an initiative to instill the concept of intellectual property in general, and copyright in particular, in primary education programs. If we do not start there, we will not be preparing future generations and they will not see that this is an important tool for the cultural and economic development of society. Additionally, copyright should be included in every agenda of national planning. What are your projections about the industry? We are in the middle of a big party, in which Latin Americans have not taken advantage of all the benefits that the technological, cultural, global revolution is offering. What we have to look for is that that author, that artist, that film director who runs a film production company in Spain, Germany, England or the United States, also thinks that it can be profitable to do it in Argentina, Colombia or Chile. That is where our industry should go, through a better education in the field, with policies that break down barriers and motivates creators. M By Fabiana Culshaw

«ARGENTINA IS THE COUNTRY WITH MOST FILMS PRODUCED IN LATIN AMERICA» www.marcasur.com

AT PRESENT | BY DANIEL LAMAS

INTELLECTUAL PROPERTY IN THE ELECTRONIC MAGMA

Por Daniel Lamas

DIGITAL ERA 60

www.marcasur.com

To speak about intellectual property (IP) at this time, means to set out, once again, the contradiction that exists between a legal regime- intellectual property right- which grants exclusivity and monopolies (even if they are temporary) and a society that, due to the technological development and especially to the evolution of the means of communication, more open each time, is more globalized and integrated and has an agenda characterized by immediacy and, therefore, aims to end any type of regulation. And yes, we are in the age of the internet, the digital technology, the unlimited communications. A time in which we all, in one way or another, must be connected full time, through our smart devices, which makes us immersed in the electronic magma, which informs us, communicates us, feeds us and protects us. In the iconic science fiction film The Matrix, by the Wachowski sisters (formerly "the brothers" Wachowski), a world of the future is shown in which each human being has become part of a great machine that has them all interconnected and in a lethargy in which they believe to live a life that, in fact, is programmed and designed by a computer. Perhaps unknowingly, we are moving towards a similar world, in which the interconnection is wireless, but where we are influenced by a daunting tide of information and messages, almost without time to process and debug them. Information and messages that, in an imperceptible way, are conditioning our lives. These electronic chains are still too flimsy to feel, but they may sometimes become too strong for us to break. And what does this have to do with intellectual property? you may wonder. Today, in the name of freedom there are

voices calling for an end of monopolies and exclusivity, and to allow the unrestricted access of all individuals to the intangible capital of mankind, without having to pay fees or royalties. In other words, for the sake of freedom of expression and the right to information, the intellectual property law is requested to disappear, at least as we know it today. Just as anarchist and socialist ideas advocated the end of private property to create a freer and more equal world, similar ideas but brought to the field of property on intangible property hold that these goods cannot generate rights which deprive the vast majority of the inhabitants of the planet of their immediate enjoyment. We do not really realize that the great danger that we are facing is the opposite, namely, that there is more and more hardware and software pointing out to attract our attention, to give us information, to make us tempting offers, to occupy both our hours of work and those of leisure. My reflection points to the fact that history teaches us that the protection of these rights has always been the consequence of the prior existence of a social interest. As soon as the printing company was invented, a new union was born, the printers, who began to reproduce the most requested classical authors. The specimens produced were true works of art which were soon copied by plagiarist printers, who obtained undue profits taking advantage the effort of others. Then printing privileges arose, restricting and regulating the number of people who could engage in such activity by establishing temporary monopolies and

ÂŤWE DO NOT NEED TO ELIMINATE TEMPORARY MONOPOLIES IN BENEFIT OF THE CREATORSÂť

www.marcasur.com

MARCASUR I 20 AĂ&#x2018;OS 2 0 1 6

exclusivity only with respect to unpublished works. Later on, with the emergence of copyright, we moved from the protection of editors to the protection of creators. But the truth is that the former, when buying the works of their authorship to the latter, ended up being the beneficiaries of the patrimonial rights of intellectual property. In times not so faraway writers had to have the support of a renowned publisher to get someone to print their works and become known. Only after achieving fame and prestige could they impose their conditions in the negotiation of their rights. The same can be said of the artists, painters and many other artists and creators who have the authorship of their works recognized (both their moral right and their patrimonial right) and end up receiving a part of the royalties they generate, because they must share the rest with the whole production, promotion and distribution business group. Today, through the internet, creators can disseminate their works without losing the right to be recognized as authors. Moreover, disseminating through this mean allows them to move away from publishers, record companies and the like, and can gain recognition from the public, which was previously impossible because the access channels were monopolized. Therefore, we are not faced with the need to eliminate temporary monopolies for the benefit of creators, since this would discourage productive activity and we would deprive the creators of the fruits of their intellectual work. But we may have to think of new ways of paying royalties and compensation for intellectual work (such as creative commons licenses). The truth is that new technologies generate new business while possibly harming some established industries. But the interest in protecting writers, musicians and other creators

ÂŤWE HAVE TO THINK OF NEW WAYS OF PAYING ROYALTIES AND COMPENSATION FOR INTELLECTUAL WORKÂť must not be confused with the interest of protecting record labels, publishers or film studios, among others. These are the raison d'ĂŞtre of the existence of intellectual property rights; these are business ventures that arose according to certain historical circumstances and that may disappear when these are modified. Historically, the recognition of property rights (material and intellectual) has been a tool for the progress of societies and the freedom of their members. The recognition of temporary monopolies is not a restriction on the freedom of disposition of cultural property but, on the contrary, the recognition of a right inherent to human nature, which allows each man and each woman to own the fruits of their work, with the additional guarantee - which arises from the temporality - that, after a short period of time, they can be freely used by all. Of course, I am not saying that the owners of intellectual property rights should receive prohibitive royalties, nor am I denying the right to the immediate enjoyment of the product of their intellectual work by the society, which could be easily solved by the application of existing legal institutes in all laws, such as expropriation through fair compensation. But I know that those of us who have dedicated our whole life to understanding, protecting and spreading this right, have an obligation to reject the arguments of those who, with their siren songs, demand their abolition. At the same time, we must strive for the modernization of the regulations of our respective countries, so that it

does not become a covertly protection of powerful economic interests to the detriment of the legitimate creators and of the whole society.

By Daniel Lamas Lawyer, specialist in intellectual property. Member of the Uruguayan Parliament as National Deputy elected by Montevideo (19851990). He is author of publications on historic and judicial topics.

www.marcasur.com

Goo for d wi ann the 2 shthes iver 0 sar y

"Marcasur is a trademark itself, a sign of success. They triumphed with the idea of publishing this very important magazine and I congratulate them for it” Valdir Rocha. Veirano Abogados, Brazil

"In such a volatile world, where so many important events happen every day, to have a magazine like Marcasur allows us to keep abreast of current issues. Their professionalism, objectivity and analytical approach with which they approach different issues, makes it a magazine that must be read by all of us who practice the passionate world of intellectual property” María del Pilar López. Zurcher Lawyers, Costa Rica

"I remember when twenty years ago I received by mail from South America an envelope containing some black and white photocopies, with some news about our profession. The visionary colleague and dear friend Juan Pittaluga had decided to take “his first steps” as a reporter and chose to focus on what was happening in the region in the 1990s. After several years and the envelopes that continued arriving, I dared to ask Juan whether he had changed his profession or left the office to become a communicator. His response, accompanied by a picaresque smile and an enthusiastic look at the horizon, indicated that he was doing something he felt very passionate about. That passion pushed the dream, the same one that inspired perseverance, which in turn gave the strength to undertake the challenge ... They managed to mutate those photocopies in a magazine, then with colors, then bilingual, later digital and now multilingual. Meritorious result of hard work that can be seen and admired.” José Roberto Romero. Romero Pineda & Asociados, El Salvador

“Marcasur marked an important moment for my profession by serving as a launching platform to make me known in this vast trademark world. For me Marcasur, more than a magazine, is a bond between friends. It is a working tool which allows intellectual property professionals to be up to date on the most important events. I have had the privilege of being part of Marcasur's new projects, such as Marcasur International and witnessing the breaking of borders by reaching places and people that it never contemplated reaching.” Estuardo Jáuregui. Jáuregui & Asociados, Guatemala

“I consider myself a faithful reader of Marcasur and I always open its pages and read its articles. My perspective oscillates between an intellectual property professional and a friend of the house. The fact of being able to inform myself, keep updated on the most important aspects of my profession, learn about the criteria of colleagues and, at the same time, be able to remember good times, makes it a personal reading. More importantly, the magazine is a source that provides material of interest with professional standards for anyone interested in the world of intellectual property.” material de interés con altos estándares profesionales para todo aquel Gonzalo Menéndez González. Lexincorp Central interesado en el mundo de la propiedad intelectual». American Law Firm, Guatemala www.marcasur.com

ORPAN, A COURSE TO FOLLOW THE BOLIVIAN FIRM, WHICH HAS MADE A CAREER OF BUILDING AND . ESTABLISHING PROJECTS, CONGRATULATES MARCASUR FOR THEIR ANNIVERSARY.

www.marcasur.com

Wolfgang L. Ohnes

Pilar Soruco

It is a pleasure to celebrate the 20th anniversary of MARCASUR and participate in this edition with an article on this memorable occasion. All undertakings in order to succeed require effort, continuance in their work so that they may reach their goalsâ&#x20AC;Śand this is never easy. A dose of discipline, boldness and sacrifice to overcome the difficulties on the way, without losing the course and continuing forward are very important. This means many times extra working hours, family sacrifices and not programmed trips. We w i t n e s s e d i n t h e t e a m o f MARCASUR in all these years a great deal of innovation and enthusiasm, which earned this magazine an important place among the other IP publications. The youth which is part of the Marcasur team provides a particular tone, which makes the project very attractive. Our firm Orpan was founded 61 years ago by Dr. JoaquĂn Soruco Camacho and his brother Gonzalo Soruco Camacho.

This firm went through all required phases for any organization to succeed and have sustainability in time. Today with the passing of the years, having overcome difficulties and unforeseen complications, we have a solid and effective team to handle the entrusted work, currently under the direction of our partner Wolfgang Ohnes Casso. An important portfolio of clients, among them many with us for 45 years in handling their cases provides us a solid international reputation we are proud of. Because we know the challenges of keeping a high quality service, innovating and updating whatever is necessary, fulfilling the expectations with the entrusted work, and being always present and a jour, we warmly congratulate MARCASUR in these first 20 years of existence. We wish you a lot of success in the future, and always keep that fresh, intelligent and innovator spirit, which characterizes you. www.orpan.com.bo 67

DAVID DO NASCIMENTO EXPANDING LAW FIRM STRENGTH, TRUST AND TRADITION MARKED THE VALUES OF DAVID DO NASCIMENTO, THE BRAZILIAN LAW FIRM THAT IN 2015 CELEBRATED ITS 45TH ANNIVERSARY AND THAT CONTINUES GROWING IN 2016.

Among other innovations, the firm expanded its number of professionals and its headquarters with new facilities in the fabulous city of São Paulo: its offices in the building of the Av. Paulista were expanded, increasing the service capacity to meet with even greater flexibility, agility and expertise all the topics concerning Intellectual Property, both in São Paulo as throughout Brazilian territory and globally. Since its founding in January 1970, the philosophy of work which is part of the principles of ethics, www.marcasur.com

transparency and the search for the best results for the client always formed part of the day-to-day of the law firm, that with this important step expects to reconfirm this philosophy to the satisfaction of the client. The new facilities completed a very special purpose for David do Nascimento in these recent months. In addition to celebrate 45 years of foundation, the law firm also released its new logo with a renewal of image, strengthening its communication with the law market. The age, logo and offices are no longer the same, but the will to administer justice in full way in a segment of the law full of controversies, where inevitable conflicts of interest accumulate themselves continues the same.

Through Intellectual Property, of which it forms part the Industrial Property and Copyright, the study has consolidated its success history. As a result of the market opening and the globalization of the domestic industry, increased demands and requirements from the legal sector, in particular laws for protection of patents, trademark and copyright. David do Nascimento has not been oblivious to these changes, and therefore is also mobilized to sustain excellence in client service.

www.dnlegal.com.br DN David do Nascimento DN David do Nascimento MARCASUR I 20 AÑOS 2 0 1 6

FROM MEXICO DOWN TO ARGENTINA, LATIN AMERICA HAS BEEN CRADLE OF GREAT TALENTS THAT HAVE AMAZED AND CHANGED THE ART WORLD, BUSINESS AND SPORTS. MARCASUR SELECTED REKNOWN LEADING FIGURES THAT HAVE LEFT THEIR FOOTPRINT IN THE REGION IN THE LAST 20 YEARS, AND CONTINUE TO DO SO.

TWENTY PERSONALITIES 1. Carlos Cruz-Diez. Venezuela (1923)

2. Adolfo Pérez Esquivel. Argentina (1931)

This Venezuelan artist has dedicated his life to the creation of optical art, of which he is one of the most important exponents. For CruzDiez, color is an autonomous reality evolving in space and time, unaided by form or support. His creations are exhibited in prestigious museums, such as MoMA (New York) and Tate (London). He lives in Paris since 1960.

Peace, justice and freedom are the ideals that have marked Perez Esquivel's pilgrimage throughout his life. Painter and sculptor, his legacy as an activist surpasses his artistic work. In 1980 he received the Nobel Peace Prize for his work in the defense of human rights in Latin America, at a time when dictatorships ravaged the region.

3. Joaquín Salvador Lavado (Quino). Argentina (1932) This graphic comedian became internationally renowned with the comic strip

Mafalda, originally published between 1964 and 1973. He studied at the School of Fine Arts in Mendoza, then moved to Buenos Aires, where he made comic strips and publicity drawings for newspapers and magazines. His famous Mafalda was published in Leoplán, in the weekly Primera Plana and in the newspaper El Mundo. He later crossed frontiers. Mafalda is admired all over the world for her critical spirit in the face of injustice and arouses likeliness for her intense hatred for soup.

4. Fernando Botero. Colombia (1932) Painter, muralist, sculptor and draftsman. Botero is considered one of the most valued living artist from Latin America. He considers himself to be self-taught, although he traveled through Europe and the United States to learn from great masters such as Francisco de Goya, Diego Velázquez and Pablo Picasso. His particular interpretation of the figurative style where he depicts people and figures in large exaggerated volumes, is recognized under the name Boterism. Adolfo Pérez Esquivel

www.marcasur.com

Fernando Botero

Mario Vargas Llosa

5. Mario Vargas Llosa. Peru (1936)

7. José Antonio Abreu. Venezuela (1939)

9. Carlos Alberto Montaner. Cuba (1943)

His narrative talent, displayed in the novel, the story, the essay, the theater and the journalistic report, has elevated him to the Olympus of contemporary Latin American writers. The city and the dogs (1962) was the novel that made him famous and opened the way to Conversation in the cathedral, The feast of the goat and Pantaleon and the visitors, among many works. Vargas Llosa reveals a retrospective and critical look of the Peruvian and Latin American reality. He won the Nobel Prize in Literature in 2010.

Master Abreu is a composer, pianist, harpsichordist and organist, but his greatest work is not a piece of music, but having founded in 1975 The System, a network of orchestras and choirs for children and youths, which democratized the education of classical music in his native Venezuela. In this initiative, admired in the world, 500,000 young people participate and has been replicated in several countries.

A journalist, writer, politician and lecturer, Montaner is one of the most powerful detractors of the Castro regime in Cuba, his native country. For over three decades, he has made his opinion a reference for understanding the political and social events of the region. His articles are published in the world's main newspapers and reach around six million people. In 1972, he published Perromundo, the first of his 27 books. He is a columnist for CNN in Spanish.

6. Pope Francis. Argentina (1936)

Owner of a fortune of 58.000 million dollars, Slim is one of the most influential Latin American personalities in the world. He began as a stock exchange operator, until the 1990s when he made a large fortune when he acquired Telmex from the Mexican government. His businesses branched out to telecommunications (he founded America Movil), banking, construction, retail, and to the hotel industry. In recent years he has created foundations focused on culture, education and entrepreneurship.

A long way led Jesuit priest Jorge Bergoglio to become the first Latin American pope in history. Since he was anointed in the year 2013, he has driven a new era for the Church. Son of Italian immigrants, Bergoglio was born in Buenos Aires and worked as a chemical technician, but his religious vocation led him to be ordained as a priest. Before being elected pope, he was a cardinal in Buenos Aires.

8. Carlos Slim. Mexico (1940)

10. José Mario Molina Pasquel y Henríquez. Mexico (1943) Chemical engineer and one of the most prominent precursors to the discovery of the causes of the Antarctic ozone hole. In 1995, he received the Nobel Prize in Chemistry for his role in the elucidating the threat to the Earth's ozone layer of chlorofluorocarbon

Pope Francis. Jorge Bergoglio www.marcasur.com

MARCASUR I 20 AÑOS 2 0 1 6

Ruben Blades

albums were performed together with Willie ColĂłn for the record label Fania. He is considered a true exponent of the Latin culture. In 1994, he participated in the presidential elections of his country and continues with political aspirations.

13. Carlos Ghosn. Brazil (1954)

gases (CFCs). His research and publications on the subject led to the Montreal Protocol of the United Nations, the first international treaty that addresses the global environmental problem. He is known as a universal Mexican.

11. Paulo Coelho. Brazil (1947) His name is synonymous to bestseller. He has sold over 140 million books in 150 countries. In 1988, he published The Alchemist, a work that led him to international fame. He was a playwright

and theater director, was a lyricist for renowned Brazilian popular music performers and author of television works. Today, he lectures and writes columns in newspapers around the world.

12. RubĂŠn Blades. Panama (1948) He is a Panamanian singer, songwriter, musician, actor, who has done most of his artistic career in New York City. He is known as the salsa poet and his style has been described as intellectual salsa. His most successful

level and across borders. Under his command, the company merged with Tam in 2012, to position the new airline, Latam, with more than 300 aircrafts, 55,000 employees and a stock market valued 12.3 billion dollars. Cueto also stands out for participating in the support network for entrepreneurs in Chile.

The so-called Mr. Solution (Mr. Fix-it) paints his ability to manage companies. Renault hired him in 1996 to revive the company, and after only a year of implementing his restructuring plan, the business was once again profitable. He obtained the same result in Nissan, arriving there after leading the merger with Renault, where he is now president and CEO. He is a fervent promoter of the electric car.

14. Gloria Estefan. Cuba (1957) Ambassador of Latin American music, Estefan has one of the most recognized voices in Spanish. She has more than one hundred million records sold and a repertoire full of hits, among salsas, ballads and boleros. She expanded to the record production with her husband Emilio, with whom she makes up one of the most powerful couples in the music industry. She has won seven Grammy Awards and a star on Hollywood's Walk of Fame. Much of his songs reflect her nostalgia for Cuba, her native country.

15. Enrique Cueto. Chile (1959) In his role as CEO, he is one of the helmsmen of Latam, the largest airline in Latin America. He led the expansion of Lan (Chile) to a domestic level Paulo Coelho 72

Gloria Stefan www.marcasur.com

18. Gastón Acurio Jaramillo. Peru (1967) This cook, writer and entrepreneur is one of the most important promoters of Peruvian gastronomy. His restaurant, Astrid & Gastón, opened in Lima in 1994 and ranks first in the list of the 50 best restaurants in Latin America, and fourteenth in the list of 50 in the world from ranking S. Pellegrino. Acurio has opened 34 restaurants dedicated to different Peruvian specialties, in eleven countries. In 2005 he was named entrepreneur of the year by the magazine América Economía, and ambassador of goodwill by Unicef.

Almost half of that amount corresponds to his advertising agreements with Pepsi, Gillette, Bimbo, Samsung and Adidas. M Source of information: Forbes, Notiamerica.com, Univision.com, AméricaEconomía.

Alejandro González Iñárritu.

19. Yoani

16. Alfonso Cuarón Mexico (1961)

17. Alejandro González Iñárritu. Mexico (1963)

Cuarón is one of the illustrious surnames of modern Mexican cinematography. Winner of the Oscar in 2014 for Gravity, his filmography has been praised by both audiences and critics such as Y tu mama también, Harry Potter and the Prisoner of Azkaban and Niños del Hombre. Cuarón was born in Mexico, has two brothers, and as a young man he wanted to be an astronaut or film director. At the age of twelve they gave him his first camera and since then he has not stopped filming.

Hollywood surrendered to the talent of González Iñárritu to tell powerful stories: the Mexican is the only Latin American filmmaker to win two consecutive Oscar awards as best director, for Birdman and The Revenant. Death is the great leitmotiv that comes up in his work, marked by the beauty of photography and music of each shot. At age 53, after being a successful commercial director, González Iñárritu reached the pinnacle of the film industry.

Sánchez. Cuba (1975) From her blog Generación Y and the digital newspaper 14ymedio, Sánchez reflects with keenness on the political and social situation of her country. This philologist and journalist has been the target of criticism from the Cuban government - which she blames of violating the human rights - and praises by leaders like US President Barack Obama. Time magazine selected her among the 100 most influential people in the world, and the newspaper El País of Madrid distinguished her with the Ortega y Gasset award for her digital journalism.

Lionel Messi. Argentina (1987) 20.

Undeniably, this Argentine is the king of world soccer of the last decade. The “Pulga” is the top scorer in the history of Barcelona (more than 450 goals) and of the Spanish championship (more than 310 goals). In his professional career, he won 23 titles and 5 Golden Ball awards. He is a "trademark" whose market value is calculated in millions of euros.

Yoani Sánchez www.marcasur.com

Lionel Messi MARCASUR I 20 AÑOS 2 0 1 6

ADMIRED, VALUABLE AND ABOVE ALL RELEVANT. MARCASUR SELECTED LATIN AMERICAN TRADEMARKS FROM DIFFERENT SECTORS SUCH AS RETAIL, CONSTRUCTION, ENERGY, TECHNOLOGY, BANKING AND FOOD, AMONG OTHERS. THEY WERE ALL BORN IN LATIN AMERICA AND ARE PROJECTED WITH SUCCESS IN THE REGION AND THE WORLD.

TWENTY LATIN AMERICAN

TRADEMARKS 1. ARAUCO (CHILE, FORESTRY)

With production facilities in Chile, Argentina, Uruguay, Brazil, the United States and Canada, Arauco is one of the largest forestry companies in Latin America. Founded in 1967, it has a forest estate of 1.6 million hectares. It employs 40,000 people and has a turnover of 5000 million dollars per year, according to the company's annual report in 2015. Sustainability is one of its main values.

carbonates in the world. According to Euromonitor, Aje Group is among the top 10 soft drink companies by sales volume and has a turnover of 1800 million dollars per year. Its portfolio includes fruit concentrates, mineral waters and energy drinks. The company of the Añaños family was born with an investment of 30,000 dollars and grew quickly. In 1999 it expanded throughout Latin America, and then in Asia and Africa.

4. CEMEX (MEXICO, CEMENT, CONSTRUCTION)

3. BIMBO (MEXICO, FOOD)

2. BIG COLA (PERU, BEVERAGES)

This drink makes Aje Group, the Peruvian company behind the trademark, one of the largest producers of

breads, biscuits, tapas, doughs and confectionery. In 2015, sales totaled 12 billion dollars among its different markets: Latin America, United States, Europe and Asia. Its distribution network is one of the secrets to its success.

It is among the most valuable brands in the region, with an estimated amount of 2795 million dollars, according to BrandZ. Since its foundation in 1943, it has expanded its portfolio to 10,000 products:

Leader in the concrete business, premixed cement and construction materials, this brand is quoted at 3039 million dollars, according to BrandZ. Cemex went from being a domestic player to a global player, becoming one of the world's leading cement producers and deploying its network of operations in more than fifty countries. To its main business, it added Construrama, specialized

in products and advice for construction.

5. COPA AIRLINES (PANAMA, AIRLINE)

It has 100 aircrafts for 75 destinations in 31 countries in Latin America and the Caribbean. Starting as a domestic airline in 1947, it embarked on an ambitious process of expanding routes and it added Boeing aircraft to its fleet. Its commercial growth was reflected in going public at the New York Stock Exchange in 2005. It is one of the few Latin American airlines listed in that market. In 2015, it recorded an operating income of 2,2250 million dollars, according to its annual report for shareholders. Nowadays it boasts for being the most punctual airline in the region. www.marcasur.com

6. CORONA (MEXICO, BEER)

It is one of the most popular beers in the world, with presence in 180 countries and a brand value of 8476 million dollars, according to BrandZ's report. It was born with the Grupo Modelo in Mexico in 1925. AB Inbev bought 49% of its shares in 2012. Its tradition has historically brought it closer to the Mexican culture, but it is also preferred in other latitudes. It entered the United States in the late 1970s.

7. DESPEGAR.COM (ARGENTINA, TRAVEL)

In 1998, Roberto Souviron, a Telecom employee, decided to create a system that would simplify the purchase of airline tickets. And he succeeded: founded in 2000, Despegar.com is the largest online agency in Latin America, also with presence in the United States and Spain. In 2015, it registered 350 million visits and a turnover of 4300 million dollars, according to Robert Souviron's declarations to La Nación, founder and CEO of the company. It is rumored that it will enter the stock market soon.

8. ECOPETROL (COLOMBIA, FUEL)

It is considered one of the main oil companies in the region. This Colombian firm landed in Peru, Brazil and the United States. Its activity www.marcasur.com

includes all the oil production cycle, from the exploration, production, transportation and supply, even sales. Its brand value is 2017 million dollars, according to the BrandZ's report.

13. MERCADOLIBRE 11. ITAÚ (BRAZIL, BANK)

9. FALABELLA (CHILE, RETAIL)

When Italian Salvatore Falabella opened his small tailor shop in Chile in 1889, he never imagined that he would give life to a brand that is now priced at 4709 million dollars, according to BrandZ. Falabella is an empire of department stores operating in Chile, Argentina, Peru and Colombia. He has also engaged in supermarkets (with the Tottus brand), the bank (Banco Falabella), the shopping malls (Mall Plaza) and hardware stores (Sodimac).

The merger with Unibanco (2008) suit Itau very well. Since then, it has become the largest private financial institution in Brazil and Latin America. With operations in South America, the United States, Asia and China, where it has over 5,000 branches and 62 million customers, the bank has boosted its brand value to 4315 million dollars, according to the BrandZ's report.

12. JUMBO (CHILE, SUPERMARKETS)

(ARGENTINA, E-COMMERCE)

Buying is a few clicks away; under this premise, MercadoLibre was born. Its numbers are impressive: it has 144 million users, a purchase on the site is made every 3.5 seconds and it mobilizes 7150 million dollars per year. Its net revenue totaled 651.8 million dollars last year, as quoted in its 2015 annual report. Founded in 1999 by its current CEO, Marcos Galperín, it has become the No. 1 online marketplace for Latin America, the leader in online commerce in Latin America, with presence in 15 countries.

14. NATURA (BRAZIL, PERSONAL CARE)

10. GLOBANT (ARGENTINA, SOFTWARE)

«We are ready», the technological Argentine notifies with its slogan, global provider of software solutions and mobile applications. Its customers include Google, Coca-Cola, BBVA, Amadeus, PwC and American Express. Its growth has been exponential in these thirteen years (it was founded in 2003). Its revenues in 2015 increased to almost 254 million dollars, according to its 2015 annual report. In 2014, Fast Company ranked it as one of the ten most innovative companies in South America.

The company opened in Santiago in 1976, and has continued growing to become one of the region's main supermarket chains, with branches in Chile, Colombia and Argentina. Its brand is valued, according to BrandZ, at 729 million dollars. Actually, Jumbo is more than a chain of hypermarkets; it is the founding stone of the retail giant Cencosud, which is also composed of department stores, shopping malls and financial services.

Founded in 1969, it is currently the leading brand in the production and sale of cosmetics in Brazil, valued at 1.7 billion dollars, according to BrandZ's report. Its growth is due to its direct sales system, with more than 1.6 million consultants (sellers) in Brazil, Argentina, Chile, Colombia, Mexico, Peru, Venezuela, Australia, France and United States. Under the concept of sustainability, it stands out for developing products that are friendly to the environment.

15. SKOL (BRAZIL, BEER)

Worth 8500 million dollars, this beer - a company of the Ambev group - is the most valuable brand in Latin America, according to Millward Brown's report. It landed in the market in 1967. It was the first canned beer (1971) and pioneer in the long neck packaging (1993). Its name refers to the Swedish expression skรฅl, which means 'to your health'.

16. SURA (COLOMBIA, FINANCE)

17. TELCEL (MEXICO, TELECOMMUNICATIONS)

Under the umbrella of America Movil, of magnate Carlos Slim, Telcel has a market share of 70% in Mexico. It offers the widest national coverage through its network. The combination of service, variety of rates and high technology has allowed it to reach a brand value of 6174 million dollars, according to BrandZ.

18. TELEVISA (MEXICO, COMMUNICATION)

19. VALE (BRAZIL, MINING)

This Brazilian firm is the third largest mining company in the world, the largest producer of iron and nickel, and one of the main players in the logistics sector in Brazil, for its train network and fleet of ships. Energy is another of its businesses: it manages nine hydroelectric plants. Created in 1942 as a public company, Vale went private in 1997. Its headquarter is in Rio de Janeiro and is present in five continents. According to BrandZ, its brand value amounts to 467 million dollars.

20. YPF (ARGENTINA, FUEL)

It is one of the world's multiLatin firms with greatest international presence and the only finance company to be in the Dow Jones index. It consists of two business areas: strategic (financial services, insurance, pensions, savings and investment) and industrial (food, cement, energy and infrastructure). Its revenues amounted to 4.4 billion dollars in 2015, according to its 2015 annual report.

It is one of the largest communication media in Mexico and the world, with a brand value, according to BrandZ, of 4423 million dollars. The group, belonging to the Azcรกrraga family, consists of seven television channels and five radios, as well as the production of audiovisual content and the organization of shows. It also distributes newspapers, magazines and films.

With a brand value of 1575 million dollars according to BrandZ, it is the largest company in Argentina and the third largest in Latin America. It was founded in 1922 and was state owned until 1993, when privatized. The Spaniard Repsol became a majority shareholder in 1999, until in 2012 Cristina Fernรกndez , President at that time, ordered its nationalization. M

Information sources: BrandZ 2015 LATAM Top50 Report, Forbes, Wobi, La Naciรณn and institutional information of the companies, extracted from their official pages

www.marcasur.com

TWENTY INNOVATIONS IF SOMETHING AWAKENS HUMANITY'S INTEREST AND MOVES THE WORLD AROUND, IT'S THE INNOVATIONS. THESE HUGE ENGINES OF DEVELOPMENT HAVE MULTIPLIED AND WILL CONTINUE DOING SO IN AN ACCELERATED WAY. MARCASUR CHOSE TECHNOLOGY CREATIONS THAT WERE LAUNCHED INTO THE MARKET IN THE PAST TWENTY YEARS, TO AMAZE AND ENJOY ALL.

1 1996 BLACKBERRY. Developed by BlackBerry Limited based in Canada, formerly known as Research in Motion (RIM). In the first decades of 2000 it was very popular but in recent years its popularity has declined due to the success of its competitors. The name blackberry became of such common use to refer to any mobile phone with full keyboard.

3 2

1997 The hybrid car. VÃctor Wouk (1919-2005) was the pioneer on the development of the electric and hybrid cars. The most famous gas-electric hybrid car is the Toyota Prius. It is the first of its kind produced in series. The modern ones are capable of self-parking.

1998 Google. Founded by Sergey Brin and Larry Page, both students at Stanford University. This search engine is the most visited website around the world. It is capable of processing more than one thousand million daily search requests. In October 2006, it acquired YouTube for 1.650 million dollars. Nowadays, it is the main subsidiary of Alphabet Inc., specialized in internet products and services, software, electronic devices and other technologies.

www.marcasur.com

2001

X-BOX.

IPOD.

Microsoft created it together with Intel. It was launched in 2001 in the USA and, the following year, in the rest of the world. Its main characteristic is its central processor based on Intel Pentium III. It stands out for its effective internet connection, great number of games to download, DVD movie player and CD player also. Absolutely first of its kind.

â&#x20AC;&#x153;With iPod, listening to music will never be the same again,â&#x20AC;? intoned Steve Jobs, Apple's CEO when he first presented the iPod. This device allows to storage and listen to music anywhere. It is the successor of Sony's Walkman, designed back in 1979 due to CEO Akio Morita's request, who wanted to listen to music while playing tennis.

7 6

2004

2005

SPACESHIPONE.

FACEBOOK.

This is the first manned space vehicle made of private capital. Designed by Burt Rutan and financed by Paul Allen, through the company Scaled Composites. This ship has a rocket's engine capable of rising up to 100 kilometers of altitude. It has space for one crew member and two passengers. Developments are still being done from the original model.

Created by Harvard University students led by Mark Zuckerberg. This network, which consists of a virtual space where contents can be shared over the internet, has been a real boom. In 2012, Facebook acquired Instagram for 1 billion dollars and in 2014, it purchased WhatsApp for 16 billion dollars. In October 2007, Microsoft purchased 1,6% of Facebook for 40 million dollars.

2005

2006

YOUTUBE.

TWITTER.

It was launched by former PayPal employees. On this platform, users can upload and share videos, movie and music clips, and advertisements. In 2006, it was purchased by Google Inc. for 1,650 million dollars and nowadays it operates as one of its subsidiaries. Despite the company's rules against uploading videos with reserved rights, a large number of this kind of material exists.

www.marcasur.com

This social network was created by Jack Dorsey in California, but has been under the jurisdiction of Delaware since 2007. It made history with its 140 characters messages that go from personal situations to news or even ads from major stores. Like Facebook, the number of users continues to increase day by day.

10 11

2006

2007

NINTENDO WII. Manufactured by a company with the same name. It was launched in the year 2006 in North America and shortly after in Europe. It has games, shopping channels, sensors, USB ports. It received innovation awards for its controller and the technology it incorporates. A whole generation of children and young people enjoyed this invention.

IPHONE. Designed and commercialized by Apple Inc. Its name comes from the contraction of the term Intelligent Phone. Its concept is to be all in one: voice communication receiver, internet access, e-mail, music, videos, games and other tools. In 2008, the iPhone 3G went on sale in 92 countries. It was named invention of the year by Time's magazine in 2009.

2008

2009

DRON.

4D CINEMA.

Unmanned aerial platforms (UAVs) have been boosted in the last twelve years, although the earliest data on these devices dates back to 1849, when they were used by the Austrian army. The invention is attributed to Charles Kettering (General Motors) for developing a manned biplane in 1917. The drones were born for war purposes, but penetrated into the most diverse areas: surveillance, fire control, rescue, delivery, games.

It was the South Korean CJ-CGV chain that started to show films with this technology, with the film Journey to the Center of the Earth (2008). This system seeks the public immersion in the movies atmosphere, recreating weather conditions like fog, rain, wind and intense sounds and vibrations. Previously, this technology was only used in amusement or theme parks in the United States and Europe.

15 2010 NEXT.

2009 ELECTRONIC EYES. Scientists from the Massachusetts Institute of Technology inspired hope in blind people thanks to a microchip implant that is connected to the human eyeball and allows the patient to see, although partially. The micro camera inside the implant is able to transmit images by transmitting impulses to the nerve endings. The device is still being developed.

NASA's Evolutionary Xenon Thruster (NEXT) is a space propulsion, which has completed a continuous test of ion engine for more than 48,000 hours â&#x20AC;&#x201D; over five and a half years â&#x20AC;&#x201D; longer than any other space propulsion system ever tested, without refueling or stopping. It is electric and uses the electric energy generated by solar panels to reach the speed of 40.000 meters per second. This technology will lead mankind to places in space never imagined before.

www.marcasur.com

17 16

2013 OCULUS RIFT. It is a virtual reality helmet developed and manufactured by Oculus VR, whose owner Palmer Luckey earned a reputation for having the largest personal collection of head-mounted display of the world. On the other hand, John Carmack created a version that helps Luckey's prototype directed to gamers. In 2014, Facebook agreed to purchase VR for 2.000 billion dollars.

2011 NORTHROP GRUMMAN X-47B. It is an unmanned combat air vehicle of the United States Navy. The prototype rolled out from the Air Force in Palmdale, California in 2008, but its first flight was delayed when the aerial cell fell, so it was launched in 2011. Its predecessor is the Spirit, the first ÂŤinvisibleÂť plane that cannot be detected by radar, considered the father of an entire generation of aircrafts that combine stealth technology with robotics. It looks like a spaceship from the future.

18 2013 ATLAS.

This robot, 1,8 meters high and that moves almost as a human, was created by Boston Dynamics and funded by the Defense Advanced Research Projects Agency (DARPA). It is equipped with sensors that generate 1 Gbps of data, which are analyzed by the android in real time. Its use is intended to aid in search and rescue operations.

2014 2016

SYNTHETIC CELLS The first artificial cells were developed by Thomas Chang at McGill University in the 1960s. These cells consisted of ultrathin nylon membranes, collodion or cross-linked protein. Later artificial cells have ranged from hundredmicrometer to nanometer dimensions and can carry microorganisms, vaccines, genes, drugs, hormones and peptides. They are relevant to create new vaccines.

JIBO. Jibo is a small desktop and family robot, first of his kind, created by Cynthia Breazeal, expert in social robotics at the Massachusetts Institute of Technology (MIT). Jibo is 28 cm tall and weighs 2,7 kg. He handles video conferences, snaps pictures, gives advice and reminds you the activities in your agenda, with gestures and human expression. It is still prototype but will be available at the end of 2016.

Sources: Time Magazine, Telegraph.com.uk, Sololistas.nt, Batanga.com and websites of the mentioned companies.

www.marcasur.com

Legal Marketing Where are we heading?

LEGAL MARKETING EVOLUTION IN THE REGION HAS ACOMMPANIED MARCASUR'S EVOLUTION IN THE LAST 20 YEARS. SINCE 1996, WITH THE CREATION OF MARCASUR MAGAZINE, UP TO TODAY AND 63 EDITIONS LATER, MANY THINGS HAVE CHANGED IN THE LEGAL MARKETING FIELD IN THE LAW FIRMS.

In 1996, the concept of legal marketing in Latin America was practically inexistent; and in other regions, although it existed, it had a very short reach, basically referring to publicity, yellow pages and a simple corporative image. For example, the Legal Marketing Association, the biggest association in the field which brings together mostly professionals from the United States, was founded in 1985, eleven years before

Marcasur and, at its beginnings, was very small. Today, it has over 1500 members. In these 20 years, we find ourselves faced to a different reality in the Latin American legal market and, due to this reality, legal marketing has grown and has been established in the region. The law practice has changed. The profession has massively increased, law practice has become internationalized, there is more accessibility, more information, new competitors have

emerged, the new technologies have accelerated the management process in the law firms and there is an increasing number of mergers and alliances between firms. Markets which traditionally were static, have had very important moves. Many of them unforeseen. In short, to succeed (or simply to maintain the status) there is much more to do than twenty years ago. Invest more and better. In this context, and due to the need to promote the firm and its services, legal marketing has become key and plays a strategic role within the firm. Some of the most used tools in the market clearly show us the growth it has had within the legal field. For example, in the directories category, twenty years ago Chamber, Legal500 and a few others did not exist in Latin America. We couldn't

www.marcasur.com

even imagine them; at that moment Martindale-Hubbell was the one who took all the recognitions (and the dollars ...) of the offices. The social networks, a basic tool today, did not exist twenty years ago! Facebook and Linkedln were created in 2003, seven years after Marcasur. And Twitter in 2006. Videomarketing and emailmarketing were not even bound to exist. And, if we go a little deeper, we find that the professional in the legal marketing area hardly existed in these latitudes twenty years ago. The exercise of looking back is useful to see how far we have come but it is more important â&#x20AC;&#x201C;and more riskier- to look ahead. What does the future hold? The marketing path has no return. Firms can no longer afford not to apply it, but the differences between offices will soon begin to show. What are the most important elements to take into account in the current legal marketing and in the next few years? Here are our predictions and the list of the twenty keys to an effective legal marketing:

www.marcasur.com

1.Professionalize the activity. Differences of the results between firms which apply marketing in an intuitive or informal way and those who have professionalized it will be noticed. 2. Be Creative. Law firms that copy what other firms are doing and those who put their personal imprint is another important element that will make a difference between law firms. You have to be original to stand out. 3. Always think about the return on investment (ROI) of all marketing actions carried out and in measuring them. Here again, we can clearly see the difference between those who do focus on this and those who don't consider that marketing actions are conceived as an expense rather than an investment. 4. The social networks are the stars. The digital world is growing and will continue doing so, where social networks are the ones that shine. There is no doubt: it is necessary to be present in these virtual world conversations that will continue evolving.

5. Segment, segment and segment. This is the basis of success for every marketing action but, mistakenly in the legal world, many times actions are targeted to everyone and all the services are positioned at the same time. The more we segment, the more targeted our action will be and, therefore we will obtain a more successful result. 6. Content marketing. Producing contents is a great task for law firms. For social networks, articles in magazines, news about the firm, newslettersâ&#x20AC;Ś ÂĄThe greatest tool to position oneself as experts! 7. Design/branding. Having a good design helps a lot to the firm's branding. For websites, brochures, personal cards, publicity; all in all, for everything related to the presentation and image of the firm, a good design is a distinguishing element that stands out in this so conservative legal world. 8. Sales and marketing training. Attorneys that know how to sell. Attorneys that know how to market. Imagine! A perfect combination!

“THE DIFFERENCES BETWEEN THOSE LAW FIRMS THAT APPLY MARKETING AND THOSE WHO DON'T WILL BE SEEN”

9. Face to face. It is irreplaceable. It is powerful. It is important to work on visiting clients, networking and to hold meetings during the events. It has always been important and it is even more important today, in this digital and impersonal world. 10. The basis. Technical excellence, fast response, reasonable prices. Without this base, where all actions must be grounded on, there is no marketing that can work. This profession does not make miracles and can even be counterproductive and turn into a boomerang against the firm, if what we promise is not what our client receives. 11. CRM. A good Customer Relationship Management (CRM) - and make good use of this - is and will be a differentiating element. A CRM is nothing more than a management system that will help the firm to manage all aspects of the clients in its different facets, especially regarding the relationship that the firm can have with them. It will help to classify them, order their characteristics, establish and develop more personalized strategies, in order to have a more effective relationship with them to help the firm achieve better results. 12. Video marketing. Allows to connect in a more direct, immediate and close way with a greater impact than text. Google positions the videos in the first places of a search and they are a very good support to show content and position the firms, but they are barely used by law firms. 13. Professional photography. Continuing with the subject of the image, it is important to have professional photographs of the members of the firm, the office itself and surroundings. It is used more often for content marketing (articles, interviews), associations (just a few don't request pictures of their members), presentations (of the firm and its members). It is another element that makes a difference. Key: renew the pictures regularly.

14. Targeted events. Attending events just “to try” and without a defined strategy makes no sense. Those events (for those in the marketing area) are very important moments during the year, encounters, meetings, opportunities that we cannot expect to come out of the blue, we need to generate them beforehand, through a strategically planned assistance and with a very good preparation. 15. Business intelligence. Business intelligence is the knowledge of our own business through numbers and statistical data: who are our best clients? Which are the most profitable services? Which are the most requested ones? These are just examples of the great quantity of internal information we have through the systems. Analyzing these data and trends is one of the keys to making better decisions. 16. Plan. Marketing, communication and media plans and the specific plans for events help us to be a step ahead of the facts; to be proactive instead of reactive. The planning obliges us to think what are the next steps to take, how they are going to be done, which are our objectives. The firms that successfully implement strategic action plans will be ahead of all those who don't. 17. Surveys. Surveys are never out of style. They transmit to our clients that we care about them. The important thing about surveys is not just the answers and the results. The survey itself sends a message to the receiver that their opinion is valuable. The keys: make them short and with closed questions options.

many law firms still do not have an organized system to collect solid references and publish them. 19. USP, Unique Selling Proposition. Which is the firm's value proposition? What makes it different from others? What do clients value the most? To know all of this, will direct all marketing actions with precision, transmitting a solid and coherent message. 20. It's here: the mobile phone has overtaken the desk. In May 2015, Google announced that more searches were being done from cell phones than from computers (desk computers and notebooks). This tendency will continue to increase and brings many challenges to the marketing area. We are still learning how to connect with our clients through the cell phone. An app? It could be an option, the key is to think out of the box and let your imagination run wild.

María Victoria Pereira Legal Marketing and Business Development consultant. Specialized in Latin America firms. Further information: www.pereiramarketing.com victoria@pereiramarketing.com

18. Online references. There are two important statistics to bear in mind. 1) The usual way of hiring a law firm or a lawyer is through references; 2) A shocking 88% of people trust online references almost at the same level as if the reference has come from a friend or an acquaintance. We have to assume that there is a big chance that prospective clients will read online references. However,

www.marcasur.com

CAPE AND SWORD LAW FIRM BARREDA MOLLER FROM PERU, WAS RECOGNIZED THIS YEAR BY THE INTERNATIONAL LEGAL ALLIANCE AS ONE OF THE BEST INTELLECTUAL PROPERTY FIRMS IN LATIN AMERICA

Over the years, other legal guides Managing Intellectual Property, Latin Lawyer, World Trademark Review and Chambers and Partners- have also recognized this firm as number one in its field in Peru. In an interview with MARCASUR, lawyer Alfredo Barreda, Senior Partner, tells us about the company's evolution and projects. The firm is 70 years old. How has it evolved, particularly in the last decades? The Intellectual Property (IP) law firms have evolved in an equivalent way to the social economy. In the past thirty years, the great development of innovation and the extraordinary values oâ&#x20AC;&#x2039;btained by trademarks and patents have made the protection of IP rights increasingly important. They have also turned lawyers and IP firms into relevant actors. The offices and the number of professionals have grown exponentially. In which areas do you consider yourself pioneers or recognized? Until the 1980s, the importance of a law firm rested almost exclusively on the talent of its lawyers. When the computers

www.marcasur.com

appeared, we noticed that the organization of the offices would be more important. In that, we were pioneers: we developed an elaborated technological organization which allows us to assist a big number of clients with a relatively reduced number of people, very quickly and efficiently, as if each client were the only one. Today we still consider ourselves pioneers in the field of innovation and computers. Which were the top IP subjects at the beginning of the firm and which are the current ones? The subjects are basically the same: the protection of trademarks and inventions, the defense of trademarks against possible similar registrations and infractions, few patent demands and a lot of consultancy. The working tools have changed a lot as well as the legislations and international agreements and, very important, the digital organization of firms and the daily work speed. How have the clients changed in these past twenty years? The relationship with the clients have changed a lot. Before, each firm worked in its own way. We did the work and reported it as each one wanted to. Today, it is the opposite, clients instruct us how to proceed by giving us their guidelines, they require us to work with them in a special and personalized way. This

means that, we have to provide the same service in different ways, tailored to each client. This requires a lot of work, a sophisticated organization and great effort. How are you projecting yourselves from here on? Will you have new service areas? We have decided to continue working exclusively on what we do best: Intellectual Property. We have talent, tradition, prestige, organization and great strengths that allow us to keep a permanent growth in our area, without the need of opening new areas to grow. Our IP growth project is very solid, and we can measure this with the big percentage of new and innovative companies that request our services. Amongst these companies you can find F a c e b o o k , I n s t a g r a m , Tw i t t e r, TripAdvisor, Uber. How do you see the IP in the future and the professionals that work in this? I see that the economic activity that used to generate the greatest wealth was the agriculture, extractive and industrial. But now, it is replaced by the innovation industry, with the new technologies of products and services as well as social communications and entertainment. The Intellectual Property has become more important during these past years and the lawyers that work in this area are also becoming more relevant. 85

LEGAL PROTECTION I JOSÉ LUIS BARZALLO

YES, THAT IS RIGHT. THERE ARE «QUESTIONS THAT EVERY LAWYER IN TECHNOLOGIC LAW SHOULD KNOW HOW TO ANSWER». IT IS THE ABC AND MUCH MORE OF THE INTERNET WORLD AND HOW LEGALITY —OR NOT— MOVES BETWEEN CREATIONS, TRADEMARKS AND DISTINCTIVE SOUNDS ON THE WEB. LAWYER JOSÉ LUIS BARZALLO, PARTNER OF THE LAW FIRM BARZALLO & BARZALLO FROM QUITO, ECUADOR, ANSWERS THEM.

ALL YOU SHOULD KNOW ABOUT COMPUTER LAW Are business models on the internet patentable?

What is an electronic signature and how can I use it?

In theory, they are not patentable because of the limitations to the math formulas that the algorisms of computer programs include but, in several legislations, they can be patented as long as they incorporate processes that grant them inventive quality, novelty and industrial application.

The electronic signature is used to identify individuals that form part of certain juridical acts. Doctrine and legislation separated the electronic signature in generic and digital. The generic one can be a biometric signature, elliptic and alternative, depending on the technology approved by the parties; while the digital one is based on public and private key certificates certified by a trusted third party. These signatures are included on electronic documents by the use of technology to ensure their safety.

Are the contracts carried out on internet valid? What can I do to make them valid? Digital contracts are valid under the principle of autonomy of the will of the parties. It is important to consider that in some legislations the requirements of material formality for the documents are still maintained, especially the use of signature. In these cases, private contracts, with some exceptions, depend on the parties will who can give validity to the technologic tools like the electronic signature.

www.marcasur.com

Are other distinctive signs protected on the internet? All signs that can be represented on internet are protected. They are protected under the general principles contained in international agreements, convention and national legislation.

Is my creation recognized on internet? Every work, regardless the support, mode or place, is recognized under the copyright principles and the main rule, which is the Bern Agreement.

Loading a work on internet, does it imply making it available so everyone so can do want they want with it? All work is protected directly without registration and, for this reason, it does not matter whether it is digital or physical, the owner enjoys the benefits of intellectual property rules. In cases where a work is made available to the public in an open or limited way, then it is indicated that it has an open license, or is open-source, in the technological case.

What are personal data? They are data considered sensitive and refers to persons, related to sexual orientation, politic tendency, health and religion. Some country's legislation has extended the protection to bank account data, electronic, migratory and racial data in accordance with the rights established on its Magna Carta. The can be used only with express authorization from the owner to do so, whether in collection, processing or transmission. The national legislation establishes legal protection measures of personal data.

www.marcasur.com

Are mobile applications protected? Are social networks and their contents protected by Intellectual Property?

They are protected under the principles applicable to copyright and to computer programs. They must be programmed for the application to work.

They have protection under the same intellectual property principles. Amongst other measures, it is important that users and owners of trademarks be careful with the use of their marks when reproducing images of famous people using them or when others internet users images or texts are reproduced.

Are there personal risks on the internet and mobile networks? What happens with the big data and how can I defend myself? Big data is the exploitation of massive data obtained from websites and interactions, through applications or mobile devices that require the input of data or that are obtained through the use of cookies and related technological information. The measures you can use are the same ones that the legislation grants me against the use of protected sensitive personal data.

There are many of risks on internet, including electronic fraud or phishing, theft of services, non-authorized access, destruction or damage (malware), child pornography, grooming, identity theft, computer terrorism, privacy violation, among others that can affect both the natural or legal person.

Are computer crimes sanctioned? Computer crimes are punishable under the legislation of many countries and the Budapest Convention against Cybercrime has been adopted by several nations. The principle of the action, the theory of the result or the theory of ubiquity can be applied. Some countries consider extraterritoriality under the principles of nationality or personality, the principle of defense and the principle of universality and global justice. It will always depend on the local legislation and principles that judge.

JosĂŠ Luis Barzallo Partner and director at Barzallo & Barzallo Abogados, Quito, Ecuador. Master degree in Computer Law. Editor and Coordinator of Ecuadorian Law of Electronic Commerce. Legal Consultant of the World Bank and the National Council of Modernization of his country. Author of several books in his area of competence.

FIRST COLORED COVER The first colored cover was a qualitative leap that positioned MARCASUR as a biannual publication, making its way to a magazine, with a firm step and a solid personality.

www.marcasur.com

M A R C A S

news

As a permanent section, Marcas News made its appearance in MARCASUR in 2008. For this 20th anniversary edition, we selected news that stood out in history.

2008 go, let's go, let's get Âťpaid

2008

ÂŤLet's

In Argentina they have a classic cheering song for diverse soccer teams that begins saying "Let's go, let's goâ&#x20AC;Ś. Argentina". The judicial authorities of said county condemned the Argentinian Society of Authors and Composers to compensate the composers of the aforementioned song for its use without consent of its author. It was recorded in 1977 for the 1978 Soccer World Cup celebrated in Argentina (edition 28, JanuaryMarch 2008).

Coca Cola changes

Obviously not the recipe! The company redesigned the brands logo worldwide. Of course, it has not completely changed, as there are inalienable elements, like the red color and the graphics. But it is saying goodbye to certain features, like the yellow and silver waves and the bubbles. The goal is for the new packaging to inspire simplicity, authenticity and originality (edition 29, April-June 2008).

www.marcasur.com

M A R C A S

news

2008 Another medal for China

Beijing 2008 reached an advertising investment record, with 63 sponsors that invested 20% more than in Athens 2004. Among them were 12 official sponsors: Atos Origin, CocaCola, General Electric, Manulife, Johnson & Johnson, Kodak, Lenovo, McDonald's, Omega, Panasonic, Samsung and Visa, and each of them paid around 72 million dollars to use the Olympic Games logo (edition 31, October-December 2008).

2009 Magical…

2011 ¿Havana Club or Puerto Rico Club?

The use in the United States of the famous rum brand Havana Club has not been easy for Baccardi. Competitor Pernod Ricard filed a lawsuit requesting cessation of use of the brand stating that it leads to consumers confusion, as the rum was made in Puerto Rico and not in Cuba. Since the label on the bottle says the rum is produced in Puerto Rico, the court dismissed the case (edition 41, April-June 2011).

2012 Pain of Benetton

A Benetton campaign caused great controversy. The campaign's goal was to combat hate and consisted of photomontages where political and religious leaders kissed on the mouth. The images included fake kisses between pope Benedicto XVI and Mohamed Ahmed el-Tayeb, Imam of the Egyptian mosque alAzhar. The Vatican sued the company and Benetton was forced to remove that image (edition 44, January-April 2012).

2012 «Play

it again»

2011 The knock out matures

and untouchable

Seven Towns, the English company that commercializes the worldwide known "Magic Cube", took one step forward in the conflict it holds with Simba, a German company that manufactures similar cubes, as they were able to get the European Union Trademark Office to keep in force their cubes as a tridimensional trademark, in spite of Simba's actions requesting that it be annulled. (edition 33, April- June 2009). www.marcasur.com

Muhammad Ali made history with his fists, and also with his sayings. The expression “Float like a butterfly, sting like a bee” is now center of a judicial dispute: Muhammad Ali Enterprises LLC sued Canadian Kobo Inc. for using it in an advertisement published in the New York Times, that promoted the companies eBook reader. “The phrase is a trademark and was used commercially without permission,” says the complaint. Another victory for Ali? (edition 43, October-December 2011).

Humphrey Bogart's heirs sued Burberry for violations of trademark, image rights and advertising, as they used the trench coat used by the actor in the film Casablanca in one of their advertisements. Burberry requested legal protection, stating that they had acquired a license for the use of Bogart's image from the photography agency Corbis. Burberry also stated that it hadn't been used in a commercial c a m p a i g n , b u t t o i l l u s t ra t e Burberry's historic influence on society (edition 46, July-September 2012). 91

M A R C A S

news

2012 «Hammered»

Coca Cola decided to end Ronaldinho's sponsorship which was agreed until mid-2014, once the FIFA World Cup in Brazil was over, and for which the Brazilian soccer player would get paid approximately 600,000 euros per year. The reason for this was that in his first 2 press conferences as new member of the 'Atletico Mineiro', Ronaldinho had Pepsi cans on the table (edition 47, October-December 2012).

2013 «No

woman no cry»

Bob Marley's widow, Rita Marley and nine of her 12 kids reached an extrajudicial agreement with Richard Booker, stepbrother of the reggae musician. Booker owns Bob Marley Movement of Jah People, an entertainment company and was sued in 2011 for using “illegally and without authorization” the name of the famous musician. Lawyers from both parties affirmed that all complaints have been resolved, even though no details were provided (edition 48, January-March 2013). 92

2013 Smart decision

The National Institute of Industrial Property of Brazil prohibited Apple the use of the iPhone brand for their smart phones. Apple requested the trademark application 4 times (2006, 2007, 2010 and 2011) and it was granted for certain classes but did not include “digital mobile electronic devices and applications”. The Brazilian IGB Electronics first requested the registration of this trademark in 2000 and it was granted in 2008 (edition 49, AprilJune 2013).

2014 Bud is Budvar

The Czech beer Budvar and the Belgian-Brazilian Anheuser-Busch InBev have had for a very long time one of the most worldwide talked about trademark conflicts, due to their fight over the trademark ownership of Budweiser. The intellectual property offices of different countries have taken diverse judicial decisions, favorable to both sides. This time, the Portuguese justice sustained a prior sentence that prohibits Anheuser-Busch InBev the sale of beer using the Budweiser trademark in their country. (edition 52, January-March 2014).

2014 Confetti

Facebook launched a newsreader application named Paper. However, the tech company FiftyThree already has an application with the same name, which allows to make sketches in an iPad just as if on paper, which was launched in 2012. Georg Petschnigg, co-founder of FiftyThree, contacted Facebook requesting they change the name and “they apologized for not contacting us sooner, but also said they are continuing with their launch”, he said to the New York Times. Petschnigg claimed that further measures will be taken (edition 53, April-June 2014).

2014 It's Ifone

The Mexican Institute of Industrial Property (IMPI) ruled against Lusacell, Movistar and Telcel for commercializing products using the iPhone brand. This case goes back to 2007 when Apple introduced the iPhone in Mexico and registered it to distinguish products in class 9: recording, transmission or reproduction of sound and images devices, within others. At that moment, a local software company had already registered the brand iFone before the IMPI to offer services included in class 38. IMPI applied a monetary fine to the 3 telephone companies (edition 54 June-September 2014). www.marcasur.com

M A R C A S

news

2014 Disney pampers Mickey Mouse

The popular producer, DJ and Canadian musician Joel Zimmerman, known as Deadmau5, uses a mouse shaped mask called Mau5head as his logo, which he registered in over 30 countries. However, Disney opposed the registration of Mau5head before the United States Patent and Trademark office (USPTO) considering that it is “almost identical” to the Mickey Mouse logo. The musician counterattacked with a different topic, and claimed that he would initiate legal actions against Disney for having used some of his songs without paying him the corresponding royalties (edition 55, October-December 2014).

2015 Messi looking to register «Leo»

In 2010 the Leo Messi Foundation reached an agreement with the Argentinian winery Casa Bianchi to commercialize a wine under the brand name 'Leo', the soccer player's nickname. However, a Portuguese winery that sells a wine under the name Leo'D'Honor opposed to the registry before the European Union Office of Harmonization in the Internal Market (OHIM). OHIM endorsed the opposition and denied the registration as they considered that the linguistic difference between the brand names was not enough (edition 56, JanuaryMarch 2015). www.marcasur.com

2015 Je suis Charlie

The National Institute of Intellectual Property in France (INPI) clarified that the trademark registration of Je sui Charlie will not be granted. After the jihadist attempt against the weekly Parisian satirical magazine Charlie Hebdo, the phrase “Je sui Charlie” quickly turned into a world phenomenon. In France, INPI received more than 50 requests to have it registered as a trademark. However, the local office claimed that the phrase does not have “distinctive character” and that an economic actor can't take possession of it “given its wide use by the community (edition 57, April-June 2015).

2015 The Civil Guard is a trademark

After proving that the denomination Civil Guard and its symbols were not officially registered, this public safety Institution of Spain began with the procedures to regulate the use of the brand on products that carry the image of the institution in the Patent and Trademark Office of the aforementioned country, such as office supplies; clothing items, shoes; headgear; games and toys; advertising and office works; among others. From now on the use will be subject to the authorization requirements (edition 59, October-December 2015).

2016 The Stones stick out their tongue

The Rolling Stones sued the German fashion clothing company New Yorker for trademark infringement, due to an advertising campaign where they used an image very similar to the famous rock bands tongue. The judicial decision was favorable to the band and forced the New Yorker to remove 800 posters and over 3000 clothing items with the image. The company stated that the design was their own creation (edition 60, January-March 2016).

2016 Uruguay triumphs over Phillip Morris

The International Centre for Settlement of Investment Disputes (ICSID) dismissed a claim from the tobacco company about limitations to their brand. The tobacco company held that the sanitary measures implanted by Uruguay since 2005 for tobacco control had violated the Bilateral Investment Treaty between Uruguay and Switzerland, but the court recognized that the measures were adopted in function of Uruguay's sovereign power. 93

STUDY

PATENTS IMPULSE THE GDP It would seem that since the GATT negotiations that ended with the approval of the Marrakech treaty created by the OMC and the consequent entry into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the IP system is not conceived without considering the economic aspects involved. President of the US Supreme Court, Oliver Wendell Holmes Jr. already predicted in his work “The Path of the Law” (published in the Harvard Law Review, no. 457,1897), stating that “For the rational study of the law the black-letter man may be the man of the present, but the man of the future is the man of statistics and the master of economics”. 1 This way, the patent system must stimulate the economic growth and, especially the development in such a way that the collective is rewarded for the exclusive rights of exploitation that have been granted on technologies that improve its quality of life. Consequently, a current analysis of the protection of the inventions should not be based on the right granted isolatedly but should be understood as a policy that helps the creation of employment sources and wealth through taxes to the contribution to the GDP and, finally, the sustainable economic development of a country. This perception of the patent system is generalized in more developed markets than in Latin America, where either there is an unfounded matrix on which protection to inventions is limited to large 1 See www.constitution. org/lrev/owh/path_law.htm [30. 5.2016]. 94

ACCORDING TO THE IDB, AROUND TEN MILLIONS EMPLOYMENTS IN LATIN AMERICA CORRESPOND TO SECTORS IN WHICH INTELLECTUAL PROPERTY RIGHTS HAVE A DECISIVE ROLE. HOWEVER, THERE ARE NO GOVERNMENT POLICIES IN THE REGION TO EDUCATE ABOUT THE IMPORTANCE OF IP FOR THE ECONOMIES OF THE COUNTRIES.

multinationals that use these to increase access to products and services, or - in the absence of public intellectual property policies - there is simply a lack of awareness of the majority of the citizens. In a study published in November 2013, carried out in the European Union and commissioned by the Office for

Harmonization in the Internal Market (now EUIPO) on behalf of the European Observatory on Infringements of Intellectual Property Rights, which involved 26.500 persons over 15 years of age, the following results were obtained: 2

2 See https://euipo.europa. eu/ohimportal/es/web/observatory/ip_perception [ 30.5.2016]. www.marcasur.com

EUROPEAN COMMUNITY

EUROPEAN COMMUNITY In accordance with these results, the European Union's growth strategy for the decade 2010-2020, known as the Europe Plan 2020, proposes as one of its five main objectives the investment in research and development activities of at least 3% of the European GDP. This situation contrasts with that in Latin America, where Brazil is the only country that invests 1% of its GDP in this area, while in the rest of the country the investment is below 0.5%, according to a study carried out by the World Bank in 2013. Similar figures on the importance of IP were concluded in the 2012 study conducted by the US Department of Commerce and denominated Intellectual Property and the US Economy: Industries in Focus.3

Consequently, there seems to be a consensus that it is coherent that in those countries with the highest economic growth, there is a high valuation of the patent system. It is considered that this contributes to improve the quality of life of citizens, that is, not only the right per se is valued, but the recognition of these rights reverts to results for the collective of each country. Despite the fact that in Latin America we do not find greatest government policies allowing to educate the population on the importance of IP and, in particular, the patent system, on the quality of life of the citizens, the following figures show their relevance within the region.

In conclusion, the patent system must be widely disseminated as an element for the development of Latin America countries, in a way that the inventors and other owners of the region can benefit from it and, this way, contribute to improving quality of life in the region.

Available in: www.uspto.gov/sites/default/files/ news/publications/IP_Report_March_2012.pdf [30.5.2016]. www.marcasur.com

Importance 96% of the Europeans believe that it is important to protect IP Relevance in the everyday life 86% of the Europeans believe that protecting IP contributes to improving the quality of products and services Assessment 69% of the Europeans value IP because it contributes to create job positions and economic well-being Economy and IP 67% of EU citizens agree that, without the protection of IP, there would be an economic chaos Sectors involved IP rights play a decisive role in around 50% of the EU sectors Job creation In the EU, one in three jobs correspond to a sector in which IP rights play a decisive role Gross Domestic Product 36% of EU's economic activity (GDP) (4,7 trillion euros) correspond to IP-related industries

LATIN AMERICA

UNITED STATES

Employment

10 million employments correspond to sectors in which IP rights have a decisive role (figures from IDB, 2015)

40 million employments correspond to a sector in which IP rights have a decisive role

Gross Domestic Product

34,8% of the economic activity (USD 5 trillion) correspond to the industries related to IP

USD 174.000 million (2014) Other data

Gross Domestic Product

Mexico: USD 55.000 million (that is, twice as much as remittance from the US) Brazil: USD 66.000 million (equivalent to the total oil exports of Venezuela in 2014: USD 128.000)

Ricardo Enrique Antequera

This objective can only be achieved if it is included within government agendas, generating public policies allowing to invest in research and development, but also a positive perception among citizens about their economic contribution to the country. A case that has to be closely followed is Colombia's that, since 2009 with the reforms and the push to Colciencias, has seen an increase in the patent applications presented by its nationals. M

Partner of Antequera Parilli & RodrĂguez Ricardo E. Antequera is partner of Antequera Parilli & RodrĂguez and Director of the Patent & Life Sciences Department. His professional practice includes the strategic evaluation of comparative protections allowed by the Patents, Trademarks and Author Rights for the effective administration of Intellectual Property portfolios.

REPORT YEARS GO BY AND THE SUBJECT OF WOMEN IN THE WORKING ENVIROMENT CONTINUES BEING A TOPIC OF CONVERSATION. THE LAWYERS VERONICA RAFFO, ELIZABETH KASZNAR AND DANIELA ROJAS SHARE THEIR POINT OF VIEWS.

WOMEN'S

LEADERSHIP 96

www.marcasur.com

«MANY ATTORNEYS ARE TRUE MODELS INTHE REGION; THERE COULD BE MORE»

The legal business has traditionally been male, in Latin America as well as in the world. Historically, centers that are a reference in the field of legal services, such as London or New York, have always functioned as “men's club” where women's participation in leadership roles has been limited. “Although more women than men graduate from law schools and, even are recruited more than men in legal firms, it is difficult for women to become partners and, even more, partners with power” says Veronica Raffo, lawyer and partner of Ferrere (Uruguay). Raffo admits that lawyers have been gaining greater participation in the regional and global legal scenario (she herself is an example), but several surveys show that the gender problem, with few exceptions, is far from being solved. A recent investigation by Latin Lawyer about Latin American jurisdictions show that the participation of women in firms seldom exceeds one-third. For example, in Panamá it is 35 %, Nicaragua 33 %, Brazil 30 %, Bolivia 23 %, Argentina 16 %, Ecuador15 %, Costa Rica 13 %, Mexico 10%, Chile 9%, to mention some countries” said Raffo. Elisabeth Kasznar, partner of Kasznar Leonardos Propiedad Intelectual (Brazil), has a more optimistic view. “In the last 20 years, in almost all the countries of the region, especially in Brazil, the number of lawyers, judges, delegates has increased. Many have become great models” she said. However, Kasznar recognizes that the

number of women could be higher, especially in the district attorney's office; she also observes that the salaries are often lower than those of men. One of the environments where women have a higher percentage of participation is in the Judicial Branch, where it reaches around 50%. In addition, in recent years there are more women leading the internal legal department of the companies. They are generally multinational, more flexible in their policies and in which, for example, you can work one day a week from home. Kasznar noted that, in the intellectual property segment, the advance of women has been greater than in other legal specialties. "Women there are recognized for their high level of performance for negotiating in the most varied types of culture. The intellectual property segment is the most international legal area that exists and it is in the female nature to understand other cultures, "she stated. Within intellectual property, the fight against counterfeit is perhaps the only activity that, according to Kasznar, keeps away from the competition of women. “Generally, this type of work requires interaction with the police and it is a bit difficult for female lawyers to go out into the street before a confiscation operation, with threats to the personal safety” she said.

«IT IS DIFFICULT FOR WOMEN TO BECOME PARTNERS AND, EVEN MORE, PARTNERS WITH POWER»

www.marcasur.com

VERÓNICA RAFFO «AM IN A NOT-SOTRADITIONAL FIRM» Verónica Raffo, who has held several leadership positions in her profession, reveals some keys to her success. "My experience is different from that of most of the lawyers, because I joined a not-so-traditional firm (Ferrere), where diversity is valued," she said. "Since I joined, there was a female partner, that is, a female role model on the board who helped me grow in my career," she added. Among other positions, Raffo is president of the Organization of Women Entrepreneurs of Uruguay (OMEU) and member of the World Organization of Women Entrepreneurial Leaders (FCEM). She is also actively involved in the Advancement of Women Lawyers project of the Vance Center for International Justice, which promotes the leadership of women lawyers in their countries and across borders. She is considered a reference in matters of entrepreneurship and gender issues and is author of several books.

“IN EUROPE THERE ARE LAWS ON OBLIGATORY QUOTAS OF WOMEN'S PARTICIPATION IN PRIVATE COMPANIES” AMBITION WITHOUT BORDERS Some lawyers look beyond the frontiers, as if wanting to conquer the world. “I have Latin friends with high positions in the United States. I myself have a position which was not easy for me to reach. My case is particular because I am Venezuelan, but I also worked in Spain and in the United States. Companies that want a global opinion, with views from different markets come to me” said Daniela Rojas, Special Foreign Counsel of Hilborne Hawkin, Calfornia, USA. Rojas considers that the Latin professional has greater opportunities to win space abroad when she overcomes her internal barriers “to belittle yourself for belonging to a different culture” and nourishes her education on a constant basis. “To know a third language is highly valued in this increasingly globalized business world” she stated. She recognizes that men have an easier path to become partners, but there are more women trying to make it, guided by mentors on how to manage corporate portfolios.

ELIZABETH KASZNAR «MY GOAL WAS TO ACHIEVE AN INTEGRAL VISION» Elisabeth Kasznar is one of the most influential women in the legal field in Brazil. She began studying at the Faculty of Law at 17 and immediately served in various disciplines: family law, inheritance, civil and commercial law. "I also worked with the Court, to understand how the public power worked. My idea was to have different visions of the profession, "she said. She pointed out that the development of community work was important because it helped her to assume leadership positions throughout her career. Kasznar was president of the Brazilian Association of Intellectual Property (ABPI, 2014-2015) and president of the Brazilian group of the International Association for the Protection of Intellectual Property (AIPPI, 2014-2015), among other positions. She is also author of several books in her area and academic coordinator of the Specialization in Intellectual Property of the Superior School of Advocacy (ESA) in her country.

MIXED IS BETTER “Women lawyers should have higher representation in firms not only because of a moral or ethical issue, but for business reasons. Mixed gender boards are more creative and they provide different views to the client. In fact, the most profitable companies of Fortune 500 have mixed boards, says Raffo. What do women contribute? Female lawyers questioned agreed, in general terms, that women tend to be more inclusive and develop a better view of the lowest levels of organizations and the community, from a social responsibility point of view. Raffo points out that this controversial issue is broader, since “it is not only about gender discrimination, but about the small space that exists for young people as well or for those who do not come from certain socio-economic strata”.

www.marcasur.com

WHAT ADVICE WOULD YOU GIVE LAWYERS WHO WISH TO BECOME LEADERS? “To look for a mentor or a coach; it may be male or female. If it is female, the advantage is that she can teach, with examples or practical advice, how she managed to tie in with an essentially male world” (V. Raffo).

QUOTA IN SIGHT The reality of the low participation of women in leading positions is not limited to legal firms, but to many areas of economic activity. “In the Parliament a little bit more of female participation was achieved, because there is a legal quota that requires the presence of an established percentage of women”, observed Raffo. A quota system entailing companies to have women in their boards, would help to reach a balance. “It wouldn't be a solution to the problem but it would bring favorable changes. In European countries there are laws on quotas regarding the boards of private companies; not so in the United States or Latin America”, she said. The spokespeople consider that the challenge of legal firms is to rethink their business formats, since the very long working hours and the very little flexibility that currently characterize them, do not match the demands of the market and of the clients.

“In order to carry the work to its maximum expression one must have passion, look for big challenges and leave the comfort zones” (E.Kasznar). “To work in a multi-sectoral way helps to have a more comprehensive view of the profession. It is good to transform the profession into multipurpose, multidisciplinary” (E. Kasznar). “Do not just focus on just trying to be the best from the technical point of view, but on generating contacts, networking. You must achieve a more commercial look, of teamwork, of empathy, with varied interests” (V. Raffo). “If we are not going to have a drink after work, because our idiosyncrasy is different from that of men, let us think of breakfast or a coffee in the afternoon” (V.Raffo). “Try to progress professionally, but not at the expense of your personal or family life. The concept of resigning aspects to develop a career is antique. Nowadays integrality is valued. It is important to enrich oneself in several aspects; that also benefits the profession” (V.Raffo). “It is important to open up to different cultures, not be afraid to give a talk at a conference, make yourselves known, not to think that because we are Latins we are at disadvantage” (D.Rojas)

DANIELA ROJAS «I WORKED IN LATIN AMERICA, EUROPE AND THE UNITED STATES» Daniela Rojas completed her studies as a lawyer in Venezuela and has two L.L.M (Masters in Laws) in Intellectual Property, one from the University of Alicante, Spain, and another from the Benjamin N. Cardozo Law School, New York. Before becoming the head of the trademark team at Hilborne Hawkin in California, she worked for Bardehle Pagenberg Dos Altemburg (Alicante). She also studied at the WIPO Academy in Geneva and carried out an IP course with the Patent and Trademark Office of Japan, sponsored by the ETH of Switzerland. She also worked as a senior lawyer at the firm Antequera Parilli & Rodríguez and then as an International IP Specialist, managing the portfolio of Payless ShoeSource (before Collective Brands, Inc.) worldwide. My training and experience in several countries has helped climb positions. I always focus on what I can contribute, not on my lacks; everyone has them. M

By Fabiana Culshaw www.marcasur.com

Good wishes for the 20th anniversary

“I have always said this and I insist: they have done a super job. Besides, they have known how to become part of the intellectual property market, not only the Latin American market, but also in the world. Continue doing what you have been doing, don't lose that personal side, very Latin, very homey, that fills us all. And congratulations to my dear don Juan because you have done a great job”

“The magazine is a success, there is no one casting a shadow on you, it is a great challenge and now the challenge is to turn 20 years more”. Adolfo Ocejo. 4Belum, Mexico

Eduardo Kleinberg. Basham, Ringe y Correa S. C., Mexico

C = 50 M = 10 Y= 5 K = 30

“I enjoy every issue of Marcasur. Some things have changed from those issues of 20, 15 and 10 years ago, but the essence is still the same: it is still the magazine of reference. The section “Professionals in their free time”, I wouldn't change it for nothing! Thank you for still publishing valuable articles, the tables with statistics from each country, the list of all the congresses and seminars, a summary of what has happened in the main events (What happened and what will come), the space created for publishing articles by third parties (The word is yours)… Thank you! Marissa Lasso de la Vega. Alfaro, Ferrer & Ramírez, Panama

100

"Marcasur allows us to keep informed of what is happening in the field of intellectual property in the continent. There is no better tool to know of the participation of our colleagues in international congresses, as well as the practice in the area. My favorite articles are undoubtedly those related to the resolution of IP cases worldwide. Marcasur has had an extraordinary evolution, and that is why it is the only magazine of its kind. It has transcended beyond the continent » Gilberto Sánchez. SPECyF, Sánchez Pedraza Escalante Coto y Figueroa, Mexico

www.marcasur.com

WHAT DO YOUNG In the past, talented young people aspired to work in the best legal studies in search of prestige and training. Today many of them find these law firms boring, classist and without great challenges. This is the openly opinion of Paula Molinari, psychologist and director of Whalecom from Argentina, organizational development consultant. «The problem is similar in the professional services companies across the region, and not just in law firms. It is not enough to offer the prestige of a corporative mark of any kind. It is necessary to update the business models to make jobs attractive for today's young people», she recommended. In her opinion, young lawyer's commitment to the firms is not as deep as in previous generations. Many junior lawyers work with the mere objective of learning

as much as they can, but always with the idea of leaving to more flexible organizations where their ideas can be considered, or with the aim of opening their own firms. «Although we cannot generalize, the conservative structures of the law firms and their traditional working systems are causing more personnel rotation. Consequently, this brings great dangers in the future leadership. Who is going to assure the firms continuity without the presence of key members of new generations? », asks Molinari.

THE BUSINESS MODEL Depending on the area of work, the modern organizations have flattened their structures and have made their working styles more flexible, trying to retain most of their young professionals.

PSYCHOLOGIST PAULA MOLINARI STATES THAT NEW PROFESSIONALS REQUEST MORE FLEXIBLE WORK MODELS, THEY WANT TO COMMUNICATE WITH MORE FREEDOM WITH PARTNERS AND SENIOR LAWYERS AND PARTICIPATE IN THE DECISION-MAKING

104

«The problem is that the business model of most firms is based on work hours and on billable hour to the client. This way of work is no longer compatible with the world that is moving forward along the concept of well-being and life quality from an integral point of view», observed Molinari. According to her experience, there are many questions to the business model of law firms and the ones that have been able to change are not the big companies but the small ones that charge the client on a project basis or budgets specific works. The learning concept has also evolved. «To learn doesn't mean to accumulate hours in an organization but to have challenges and participation. The way the work of professionals is evaluated is also being questioned, because generally the most valuable lawyer is the one that works a large quantity of hours when, other aspects exist, such as the qualitative nature, to take into consideration», said Molinari.

www.marcasur.com

PEOPLE WANT? «Another reason that shoos young people away is the distance that usually exists between partners and juniors, where juniors execute repetitive tasks, like going to Tribunals to follow cases, which is not motivating for them at all», said. «This situation causes anger and, when young people talk about this among them, we observe that they make the decision of resigning together. That means that, not only one quits, but they tend to quit in groups, so law firms lose the investment made on the personnel, in terms of training», she added.

TOWARDS THE SPECIALIZATION Many young lawyers that resign from big firms, create their own firms, with no more than eight or ten professionals. «They assist clients themselves, they do all type of tasks, they do not charge per hour work but for projects or assignments and they keep motivated in horizontal decision-making teams. So far, this phenomenon is timid in the Latin America markets, but it is a trend», Molinari said. The , psychologist considers that, from

these kinds of firms, handmade and small, it is more likely that clients receive immediate answers as well more specialization and innovation. «In the future, there will be a world of more divided professional services, small boutique firms that will become experts on specific subjects and activity fields», she emphasized. It is estimated that, in traditional law firms, generation replacements that remain will also “push” internal changes in their organizations. «There are several partners, of about 45 years old, that will be the ones to start with the changes but, as long as they don't have injuries in the financial flow, they will continue with the old model», she said. Molinari considers that law firms should change the business model, «starting with charging by project and not on an hour basis», she insisted. But that is not enough. They should also generate job positions not based on schedules and traditional offices, but on goals to reach. The remote work and the flexibility are very much appreciated by the new generations. «The personnel recruiting

“YOUNG PEOPLE LOOK FOR MORE HORIZONTAL AND FLEXIBLE ORGANIZATIONS” systems, performance evaluations and career plans should be redesigned based on the new realities», she added. In her opinion, law firms that move forward will flatten their structures and their decision systems will no longer be in charge only of the leadership but new spaces will be created where professionals of different areas will be part of the strategic subjects for the organization and will feel more involved. This doesn't mean to ignore the experience of the older ones, but to have everyone involved, regardless of their position in the firm. The phycologist recommends that the business culture be more in accordance with the young people of today, who were born in highly interactive environments and with technologies open to the world. «I think that law firms should evolve to non-classist' structures, where everyone integrates from the

«WORK CHALLENGES ARE IMPORTANT FOR THE NEW GENERATIONS» www.marcasur.com

105

“THE PROBLEM IS THAT THE BUSINESS MODEL OF MOST OF THE FIRMS IS BASED ON BILLABLE HOURS TO THE CLIENT”

YOUNG PEOPLE TODAY… Of varied interests, active and somewhat dispersed, today's young people value many facets of life beyond work. The concept of responsibility and work fidelity that they manage is not about staying many years in a same company, or work more hours than usual (like their predecessor used to do), but to contribute ideas not only in the offices but also remotely, and in search for quick solutions. To participate is in the “DNA” of the new generations, used to the interaction in real time that information technologies allow, that don't distinguish any type of rank. They are highly technological, vital, competitive and, paradoxically, collaborative at the same time. They usually solve their work issues through networking. They are not willing to wait years to be promoted. If they see that that can happen, they . change jobs. They may lack some depth in their analysis and easily change from one subject to another (as a mental zapping), so coaches usually address those aspects to help them focus.

diversity », she said. The challenge of big law firms is to redefine their business models and organizational structures, to include more young professionals in the decision making and to develop proposals of value for the employees, where the variety of the work, the creativity and the challenges becomes relevant. Some organizations are already working on it and will be become leaders in their fields; most of them are still in that process with hard work and vision. And others, unfortunately, will stay back on the road. Everything indicates that history will tell. M

“SMALL FIRMS CHARGE BY PROJECTS OR SPECIFIC WORKS.”

«THERE WILL BE MORE SPECIALIZED BOUTIQUE FIRMS IN THE FUTURE»

Psychologist Paula Molinari is founder and director of Whalecom in Argentina, a leading consultant in change management. She directs Manager Development Programs. Among her clients, we stand out Coca-Cola, IBM, Peugeot, Standard Bank. She is currently a member of the Strategic Council of the Ministry of Modernization in Argentina.

By Fabiana Culshaw 106

www.marcasur.com

We donâ&#x20AC;&#x2122;t just practice Mexican IP Law.

We help shape it.

In an uncertain legal environment, we are one law firm that is not content simply to accept the status quo. We work constantly to influence the evolving body of Mexicoâ&#x20AC;&#x2122;s intellectual property laws, with the goal of ultimately bringing them in line with international standards. While we continue to make great strides in this regard, clients from all over the world rely on us to prosecute, manage, and defend their IP portfolios under the laws that exist today. In other words, we work effectively within the system, even as we seek to change it. w w w. o l i v a r e s . c o m . m x

Te l : + 5 2 5 5 5 3 2 2 3 0 0 0

olivlaw@olivares.com.mx

En la pantalla, Francis Gurry, director general de WIPO.

www.marcasur.com

OCTUBRE / DICIEMBRE 2 0 1 4

110

www.marcasur.com

MARCASUR I 20 AÃ&#x2018;OS 2 0 1 6

111

112

www.marcasur.com

MOFFAT & CO THE CANADIAN LIAISON WITH LATIN AMERICA

Partners Eduardo Fonseca and Jim Palmer

Moffat & Co., and its sister law firm Macera & Jarzyna LLP, are located in Ottawa Canada. We are well established firms of patent and trademark agents, lawyers and intellectual property specialists providing a full range of services dedicated to the registration, protection and enforcement of all aspects of intellectual property rights. Moffat & Co. is committed to assisting Latin American IP professionals and their clients. We strive to blend our understanding of the Latin America culture with our expertise in Canadian intellectual property practices to better serve our Latin American clients. The main liaison with Latin America is Eduardo Fonseca, a partner of Moffat & Co., who joined the team in 2006. Eduardo is a Patent and Trademark Agent in

www.marcasur.com

Brazil and a Patent Agent in Canada. While in SĂŁo Paulo, Brazil, Eduardo was a member of the worldwide team responsible for protection of the intellectual property development, of the RhĂ´nePoulenc Group managing the patent prosecution of all Latin American files. Fluent in English, Portuguese and Spanish, Eduardo spends part of the year in South America bringing the latest updates, sharing his experience and providing a lot of support to his colleagues in the region. His Latin American heritage and work experience allows him to bring a unique perspective to clients interested in expanding their IP rights into North America. Jim Palmer is also one of our liaisons. Jim is a partner of Moffat & Co., with 34 years of work experience in all areas of

intellectual property practice. His area of specialty is trade-marks, both domestic and foreign practices and prosecution. Jim is a Past-President of the Intellectual Property Institute of Canada that represents over 1,700 professionals from Canada that is committed to the protection and promotion of intellectual property in Canada. Jim has a strong interest in Latin America and is well known throughout the region, constantly travelling and spending time in the Latin America. Moffat & Co. professionals are also present in a number of important events and meetings in the region. www.moffatco.com

113

REDEFINING LEGAL SERVICES MARCASUR turned twenty and AZ (Albagli Zaliasnik) 25 years. Many things have changed during this period, especially our clients' requirements and we have committed to begin the next 25 year facing the future. That is why we started this new stage from a different perspective. We believe that the paradigm of the practice areas, the needs from the lawyers point of view, and not from the clients, is no is no longer useful. Today we must look from the clients, who require a global service that allows them to act foreseeing all the edges, with an important presence of compliance in the decisions. Legal risk management is our priority, because it is the priority in today's world. This is why we have redefined the legal services and today we consider them from the client's point of view: start up, family business â&#x20AC;&#x201C; understanding that it has no internal legal management and the firm becomes oneor a large corporation that has a legal department but requires a specialized right hand. This is how we have started this new stage, not only celebrating but also reorganizing our legal services according to our clients needs, since each one requires different perspectives and solutions but embracing a global vision of the law. We firmly believe that the client seeks a whole opinion from its lawyer, capable of seeing the complete problem and not just mechanically register a trademark, for example. The IP service as a basic commodity will disappear, especially with the online services. Today, more

www.marcasur.com

than ever, it is important to deliver value added advice. At the same time, nowadays we understand the importance of the time of response and information security and, for that reason, we also accompany this anniversary with the modernization of our data systems in all areas and our website, with the objective of being abreast of our clients in the advances they demand.

By Ariela AgosĂn Partner at AZ - Albagli Zaliasnik Chile She is one of the leaders in the Intellectual Property Group of Albagli Zoliasnik. Lawyer, Master in Laws and Diplomate in Criminal Procedure Reform. Recognized as one of the most outstanding lawyers of Chile on intellectual property by the Chambers and Partners ranking in 2012.

Finally, none of this would make sense without our human team, which is our number one capital and the lawyers, who have also changed in these two decades. The new generation wants to integrate their professional life and personal life, achieve a balance which allows them to progress in their career, study, travel, play sports, have hobbies and enjoy their family. They look for balance and, if you are not able to give that to them, you will lose talents. For this reason, one of our approaches today is to attract and retain talents, understanding the new times. Therefore, we look at this anniversary as a challenge to begin the next twenty-five years renewed in all areas, understanding that the world has changed and that we must move forward with it.

115

LAW

THE BPTO'S NEW APPROACH ON DISCLAIMERS – A STEP FORWARD OR A DISGUISE TO A PROBLEM THE BRAZILIAN PATENT AND TRADEMARK OFFICE (BPTO) ENACTED ON FEBRUARY 18, 2016, ITS RESOLUTION 161/16, WHICH ESTABLISHED NEW GUIDELINES FOR THE ISSUANCE OF TRADEMARK DISCLAIMERS. These guidelines briefly stated that instead of providing individual disclaimers tailored to each specific case, all certificates of registration would simply bear a general remark, stating that portions of a trademark that cannot achieve exclusivity, for a series of reasons, are to be considered disclaimed. Resolution 161/16 was then overruled by Resolution 166/16, of May 30, 2016, which basically maintained the same rules, with the exceptions that it established a more concise text for the general disclaimer and determined that the new rules would not apply to any trademark granted with a disclaimer prior to the enactment of Resolution 166/16. The text of the general disclaimer established in Resolution 166/16 is the following: “The protection afforded by the present trademark registration is limited by what 116

is foreseen in Section 124, II, VI, VIII, XVIII and XXI of Law 9.279 of May 14, 1996”. Section 124 of Law 9.279 states that: “The following are not registrable as trademarks: II - an isolated letter, numeral and date, unless displayed in a sufficiently distinctive form;… VI - products or services they identify, or those commonly used to indicate a characteristic of the products or services regarding their nature, nationality, weight, value, quality and time of production or rendering of a service, unless displayed in a sufficiently distinctive form;… VIII - colors and their names, unless displayed or combined in a unique and distinctive manner;… XVIII - technical terms used in industry, science and art that are related to the products or services they

identify;… XXI - the necessary, common or usual form of a product or packaging, or also a form that cannot be dissociated from a technical effect. The BPTO makes it clear in Resolution 166/16 that this change in regulations aims at facilitating the rendering of decisions and the understanding of each case. Well, it appears that the results will be precisely the opposite, and that practitioners and trademark owners alike will soon be facing many situations where the limits of rights will be completely unclear. Even though an improvement in the BPTO´s pace of examination of trademark applications is not only desirable, but in fact necessary, measures adapted to this end have to be carefully considered, otherwise the poor quality of www.marcasur.com

decisions will entail great uncertainty and an enormous amount of pleads at the administrative and judicial spheres. The BPTO has many times before changed their internal rules on the issuance of disclaimers, there including alterations on the kinds of disclaimers that could be issued, and this historical inconsistency can be clearly felt when interacting with the BPTO and its database. In fact, disclaimers have been rendered in a very inconstant way over the years, and it is easy to understand the BPTO's focus and efforts to create clearer regulations in this respect. Nevertheless, the BPTO cannot fail to consider that disclaimers serve many different purposes, such as imposing a variety of limits, ascertaining freedom of use to competitors over elements that are not exclusive etc. Therefore, for the time being we do not see how the BPTO could opt for no longer providing guidance to those who depend on them to analyze and assert trademark rights, simply choosing not to provide decisions that effectively determine the scope of one's trademark rights. The BPTO must never forget that, ultimately, they play the part of ruling upon matters that have severe economic and social effects. Indeed, the doorway to investments in any country is the possibility of obtaining protection for one's rights, there including intellectual property rights. By creating uncertainty, the BPTO takes several steps behind when it comes to helping Brazil's growth and economy, and, although economic insecurity is not new to those who venture into Brazilian gigantic market, venturing into this already confusing economy without assurance of what kind of rights one actually has when it is time to face competitors, counterfeiters and other peculiarities of our territory, deeply worries investors. Fortunately, though, Resolution no. 166/16 at least provides that these new rules will not be applicable to any disclaimers imposed prior to the coming into force of the Resolution no. 166/16, differently from what was foreseen in the overruled Resolution 161/16. This means to say that disclaimers on registrations and applications granted prior to June 01, 2016, are respected and maintained.

www.marcasur.com

THE BPTO'S NEW APPROACH ON DISCLAIMERS – A STEP FORWARD OR A DISGUISE TO A PROBLEM? This notwithstanding, the new decisions rendered will basically contain no clear understanding of the scope of protection of the registration, leaving it open for interpretation what disclaimers could possibly fit into each particular case. Therefore, although it is vital that the BPTO finds new rules to guide the issue of disclaimers, it is difficult to imagine that a single generic formula could possibly be successfully applied to all trademarks and situations. Although since the enactment of Resolution 166/16, on June 01, 2016, the general disclaimer is already being applied for by the BPTO, the ideal would be for the analysis to continue to be made on a case by case basis, as it has always been, or simply ceased, what is far from being ideal and acceptable at this instance. The limitations imposed on each case, when needed, must be clearly communicated to society in general, as it happens with the other elements that define each trademark registration, such as the owner's name or the list of products. It is information that is as necessary to society in general as any other related to the registered trademark, and even more to the trademark owners themselves. As a matter of fact, with these new rules, the BPTO basically denies transparency and full comprehension of its acts, going against the very words used in its Resolution 166/16, which states (freely translated) that “WHEREAS there is a necessity to confer uniformity of understanding, transparency, celerity, efficiency and security in the technical decisions rendered in the examination of trademark applications,”. Many of the words used by the BPTO in the above reproduced text represent characteristics that are missing in this new format of disclaiming trademarks. Efficiency cannot be achieved when you have to further discuss matters to obscurity in a decision, at the same time that transparency and doubtful comprehension are not even possible, and security is an asset that vanished almost instantaneously. Moreover, prior to Resolution 166/16, appeals were available when trademarks

were granted with a disclaimer, for this was regarded as a “partial rejection”. Now the fight has to be against the imposition of a general disclaimer. The imposed general disclaimer text is published at the beginning of the portion of the official gazette that contains all granting decisions, instead of being published in each granting decision alone, so that it remains clear its generic applicability to all granted cases. This is especially relevant, as the amount of appeals against disclaimers that remain pending before the BPTO is substantial, and the new rules direct impact the examination of these appeals, which is being done in the light of the new rules that a general disclaimer is to be imposed. Sadly, it appears that the BPTO has opted for no longer addressing every issue that needs to be addressed while examining a trademark application, and we can only hope that these guidelines will be reconsidered at some point, so that the BPTO can restart to provide those who seek trademark protection with a clear light over the limits, warranties and rights that derive from a registration. M By Marcelo Müller

Senior Partner and Head of the Trademark Department of Luiz Leonardos & Advogados (LLIP) Attorneys at Law. Specialist in the field of agreements, trademarks, company names, domain names, computer programs, unfair competition, copyright and internet.

117

IP IN MEXICO

KEY WORD : INNOVATION When we talk about 20 years we wonder if there have been changes in the IP field. Gardel's nostalgic phrase says that â&#x20AC;&#x153;20 years are nothingâ&#x20AC;? and, indeed, while it is true that these two decades are a blink of an eye, the technological advance has revolutionized the process of creation and consumption in all parameters. The evolution that technology has had in the last two decades is greater than the technological advance from its beginnings to the twentieth century. To talk about the state of IP in the last 20 years is to talk about changes in the economy, in international trade treaties, in legislative adjustments and, of course, technology and innovation. IP is, lets say, even in the soup. In the development of businesses and commercial alliances, IP rights constitute one of the relevant limits that exist for a healthy global trade. They have a preponderant role in generating competitive advantages to the owner of a business that supports or impulses a product with its brand, which makes the market world turn. However, in terms of the scope of protection that IP offers to technology, fate has attained it. How to protect technological innovations that are incorporated and applied faster and faster to our everyday life? Let see the watershed in innovation before and after internet. Innovation, from the last decade is based on disruption. Until before the end of the 20th century, the great milestone was to apply science to technology. IP legislations are reaching a point where they need to be modified to fit in and try to keep pace with technological progress

that will be more accelerated. The IP regulatory system must begin an innovation process to find a way to protect inventions that will no longer fit the legal framework, particularly software programs, whose solutions to technological problems in the good of society is getting greater and more abundant, and to date there is no better protection than copyright or to protect them as a computer-implemented invention, figures in which there are a multitude of real exceptions and limitations. How to protect authorship of creations or inventions in a world where open collaboration is the trend? Faced with this situation, Mexico has a great task. As a country it has risen to the train of innovation. Modifications and new legislations that promote the generation of technology through science and its technical application, in addition to the many international trade treaties to which it has subscribed, have created an optimum platform that opens the door to become a country that goes beyond. That uses the talent of his ingenious inventors, and capitalize on technological transactions that promote the development of business in the country and in the same way, that also promote the generation of resources via competition in the free market. The task of Mexico is to make innovation its synonym. Innovation is your future.

Nuria Becerril and Fernando Becerril Becerril, Coca & Becerril, S.C.

www.marcasur.com

119

120

www.marcasur.com

COLUMN | KIDDING BUT SERIOUSLY

broma

serio A STORY TOLD 20 YEARS LATER

MS has turned into one of the largest digital communication companies on commercial topics of Latin America.

Juan Antonio Pittaluga Today, August 2036, is the 40th anniversary of the founding of our digital and robotized MS communication company. I remind you that in its beginnings it was called Marcasur and it had been founded by the Uruguayan lawyer Juan Antonio Pittaluga to inform about issues of interest to professionals specialized in intellectual property in Latin America, that went beyond the academic field; for example, photos of events, travel articles, lawyers in their free time and others were published. In its early years it was a fourpage, two-colored brochure. Ten years after its foundation, in 2006 MS â&#x20AC;&#x201C; I remind you, formerly Marcasurhad already turned into a full colored magazine, very popular in Latin America that was financially sustained thanks to the advertising support of the law firms. In the 2012, the world was growing frantically to the digital rhythm and Marcasur followed, as expected, this new world. MS had its printed magazine, but also began to be published digitally; every week and also sent information digitally to its readers, it had its website, it got involved with the social networks that went frenzy at the time, such as Facebook and Twitter, names that don't mean anything for you and have been replaced for Faxinves, Truijer and others. As an anecdote, twenty years ago, this is in 2016, there was a monopoly, in many cities of the world, of public transport called taxis, today almost inexistent. And the cars without a driver, driven by robots were in a stage of experimentation. www.marcasur.com

In those years, 2016, Marcasur also began to venture into what were called videos, which today are known as ... vi clips ... and little by little this area was improved and became, in 2021, the favorite among its followers and informants. As a celebration of Marcasur's 20th anniversary, Marcasur created, what was called back then, an application, today called AAA, with which its followers began to have an interactive participation which, in those days, was very innovative. 25 years after its foundation, this was in 2021, Marcasur was totally digital, interactive, and its informants had lost the fear of the new modalities and began to try other forms of advertising in which the application AAA, the ... vi clips ... â&#x20AC;&#x201C;back then videos- and the formerly called social networks (now nets fintas) were the stars and paper was beginning to be history. We must remember that in 2016 Marcasur had the support of the main associations specialized in IP. Today, 20 years later, the only association that survived from that time, is ACM, ASOCIACION COMERCIAL MARCARIA, formerly known as INTA. In 2016, the IP activity began to decline, especially registries, which led Marcasur to move towards more commercial aspects than legal, in order to attract new readers. This resulted a success, since IP activity began to disappear and today it is done by robots and software without human intervention.

In the late 2020's large law firms began to become huge multinational and multidisciplinary service companies, whose owners are anonymous funds providing their professional services digitally, through highly sophisticated software and robots, and are important informants. It is said that in the year 2050 the offices will only have one man and a dog. The dog so that no one touches the robots, and the man to feed the dog. Almost reaching 30 years of its foundation, in 2026, Marcasur, with its founder Juan Antonio Pittaluga already retired, was purchased by its current owner Lu, Hu & Chin, of Vietnamese origin, which today is one of the three largest companies in the world of digital communication and services via robots, owned by an Asian fund. Marcasur changed its name to MS, received a large capital investment and became one of the largest digital communications companies of commercial topics in Latin America. Today in MS there are ten journalists and a dozen highly sophisticated robots that provide communication services. Suddenly, I hear a female voice that, touching my shoulder, says: "Mister, wake up, we are about to land in minutes ..." I open my eyes, smile, try to straighten up my seat, I can't find the button, she helps me, I go to the bathroom, I ask for a cup of coffee and I remember, with the cup in my hands, a movie of robots made in Asia that I was watching before falling asleep. M

121

INTERVIEW MARCASUR TALKED WITH ENGINEER JOSÉ LUIS CORDEIRO, FOUNDING FACULTY AND ENERGY ADVISOR AT UNIVERSITY OF THE SINGULARITY NASA IN SILICON VALLEY, CHAIR OF THE MILLENNIUM PROJECT, AND VISITING RESEARCH FELLOW AT THE INSTITUTE OF DEVELOPING ECONOMIES IN TOKYO.

«INVENTIONS WILL BE A TSUNAMI» FROM GENETIC MODIFICATIONS THAT WILL EXTEND THE LIFE ALMOST TO ETERNITY TO TRIPS TO MARS AS IF IT WERE "AROUND THE CORNER", SCIENTISTS CHALLENGE THE FUTURE WITH AMAZING PROJECTS THAT ARE ALREADY IN PROGRESS

122

www.marcasur.com

—Exactly. For example, CRISPR has been developed, a technique that allows to write and modify genomes. There is a bio patent war between the Massachusetts Institute of Technology (MIT) and the California University on the rights of this invention. The truth is that this is a radical advance: they will be able to cure genetic diseases, control cancer, change parts of genes or chromosomes, modify physical characteristics such as eye color, and even live much longer. Scientists are betting on eternity. —Will there be space bases on Mars?

—Space companies are dedicated to improving spaceships, is that correct? —There are two companies that are achieving that rockets land on Earth intact, because they usually come back badly damaged or they get lost in space. These include: SpaceX (Space Exploration Technologies Corporation), of Elon Musk, and Blue Origin, of Amazon creator Jeff Benson. The reuse of rockets will save millions of dollars to the space sector and because of this there will be a huge growth in the space aspect in the near future. In the world's leading research centers fantastic inventions in telecommunications, computer, biotechnology and space area are being developed. In the next two decades there will be more technological changes than in the last two thousand years. —In your opinion, which have been the best human inventions in the last twenty years? www.marcasur.com

—Regarding communications, the creation of the World Wide Web (www), the internet, has revolutionized the transmission of knowledge. Despite it is considered an invention from the early nineties, it was decisive later in further developments, such as the communication protocols, the fourth and fifth generations of mobile phones, the holograms. Virtual reality inventions also stand out. I assisted a Telefonica's event, in Madrid, where Microsoft showed its hologramaportacion. This means that we will be able to communicate with anyone around the world who will appear before our eyes as a hologram. This invention is going to revolutionize the telecommunication, transport and tourism industries. Likewise, reading devices with mental waves are beginning to appear that will allow to read minds. Everything related to reading brain waves is super advanced and appeared some years ago. —The biotechnology is not far behind....

—There are eight proposals to establish space bases on Mars and on the Moon, including Space X (a company that was created specifically for the purpose of going to Mars), Virgin Galactic (owned by Richard Branson, who plans to offer orbital flights) and Mars One (of Bas Lansdorp, a Dutch researcher who intends to establish permanent human colony on that planet by 2023). In the case of Mars One, trips to Mars will be paid with the publicity of reality-shows of those space explorations. It is estimated that for the first phase of Martian travel, 6 billion dollars will be required, which is less than the cost of an Olympics or a Soccer World Cup. At some point, it will be viable to live on other planets and that is already beginning with these projects. Of course, in addition to the private aerospace companies, US Government with the NASA, China and Russia also plan to go to Mars and the Moon, but it is more interesting to go to Mars. —Has ASIMO been improved? —The development of robots that walk on two legs is not twenty years old. The famous ASIMO (Advanced Step in Innovative Mobility), presented by the Japanese Company Honda, was created in 2000 with the intention of helping people who lack physical mobility. Now robots are more humanoids, with further skills. Although all this is a technology tsunami, it is only the beginning, the tip of the iceberg of what is coming 123

COUNTRIES AT THE VANGUARD The US and Eastern Asian countries have the greatest number of patents of the world. Japan, Korea and China patent levels are surpassing those of the western world. The US is still the planetary engine of inventions but other countries have emerged with sophisticated points of views, such as Israel and Finland. In Korea, Samsung is working in biotechnology, with emphasis on cloning. Regarding automotive, Hyundai and Kia stand out. «After Japan, South Korea is the most advanced country in humanoid robotics», said Cordeiro. China has the Beijing Genomics Institute, one of the largest gene sequencing centers in the world. «They are sequencing the genomes of geniuses, to detect which one makes the most intelligent people », explained the professor. They are also cloning cattle and developing solar, automotive and space energy. «Israel is the Star Top Nation, after Silicon Valley», said Cordeiro. There are great developments there regarding safety, robotic, solar energy, biotechnology (stem cells) and agriculture. For example, the professor remembers that during the conflict between Armenia and Azerbaijan (2015) drones created in Israel were used. «At that moment, actor Christopher Reeves, famous for his characterization of Superman, received a treatment of stem cells in Israel to treat his paraplegia», he added. Finland is considered one of the countries with the best education system in the world. «Children are encouraged to think outside the box, so they can invent. Rovio Entertainment (which created the videogame series called Angri Birds) and Nokia are two examples of innovative Finn companies», he said.

124

—What is happening with nanotechnology? —It keeps progressing forward. In fact, in the European Union two years ago, two large projects, received 1000 million dollars each: The Human Brain Project and the nanotechnology, ie. the manipulation of matter at atomic and molecule levels. With this kind of technology we will do everything with precision, with no excess or loss of matter; it is the design to perfection. There won't be waste in the future but raw material in the wrong place. With nanotechnology we are going to put it in the right place. —Will nanotechnology leave 3D technology behind? —3D printers are in a previous phase than nanotechnology, because they work at a cellular level, but it tends to go more and more to the micro, atoms nanotechnology. The good news is that, from human cells, organs such as the trachea and the bladder are already being printed. There are many experiments with the skin 3D printing. We will be able to regenerate skin with 3D printers. —I understand that your students in Silicon Valley presented a prototype of a printer to the NASA which is being tested in space…

—Exactly. The Singularity University, founded and funded by NASA and Google, is a breed of ideas that belong to the Silicon Valley system. There you will find Facebook, YouTube, Google, Genentech, Cisco System and many other big names of the investigation field. Three years ago, some of my students from this university presented to NASA the first 3D space printer and put it to test. This kind of device is complicated when there is no gravity. There are always new projects requested by NASA or we present prototypes to the organization as a development contribution. —How much will solar energy replace other energy sources? —It is estimated that the main source of energy will be the solar, although the eolian or geometric may prevail in specific areas with many winds or volcanos, respectively. However, the «great elephant» is the sun. The Earth receives in solar energy ten thousand times more than what humanity consumes. Solar panels appeared, efficient and cheap. And since 2015, there have been more power generation facilities that come from solar energy than from natural gas, coal or any fossil fuel plants. Oil will begin a chronicle of a death foretold; it never rise more than 50 dollars per barrel. www.marcasur.com

—How will the future be? —Constant connection to the cloud, all mankind knowledge available, for free, at high speed and in broadband. Probably, in five years no one will say «I don't know», because it will be very easy have the information. There will be no limits to knowledge. Later, we will almost reach telepathy, will be able to communicate from brain to brain and live indefinitely because we will be able to cure all the diseases by 2045, when technological singularity occurs. —What does technological singularity mean? —It is when artificial intelligence reaches or surpasses human intelligence. We will increase our mental functions and physical capacities, with the use of cybernetic devices in our organism that will be potentiated in comparison to human members. This year the first Cyborgs Olympics will be held in Brazil, with disabled people who have bionic arms or legs. There's no reason to be afraid of the technology applied in our organism; that is not bad, it's better for humanity. —How do you imagine the houses, companies and the professions in twenty years from now?

www.marcasur.com

—With artificial intelligence, a lot of robotic, everything recyclable. The cities of the future will be clean and ecologic. In twenty years, practically all vehicles will be electric, with energy from solar panels and hydrogen. From a business point of view, we are entering a world almost of science fiction. Human beings will do less traditional jobs, because all repetitive work will be automatized and new jobs and professions will appear, unknown until now, although some tendencies can already be seen. For example, as we are going to live longer, professions related to health and bionic medicine will be of fundamental importance. We will cure aging in twenty or thirty years and this will change humanity. Education will also be important, because we will be constantly innovating. Another interesting professional area will be entertainment, as we project we will have more free time in the future

and there will be trips to Mars and to the Moon. Imagine spending your honeymoon on Mars … —What negative aspects will these innovations have? —Technologies can be used for good or bad. Privacy issues, space cyber security as well as technological wars will be compromised. Today drones are being used to monitor territories and robot soldiers will be designed. Nanotechnology and biotechnology weapons can be made, like new viruses. Forget about aids, sika or dengue…many artificial diseases worse than the ones that already exist can be artificially created with this biotechnology. But, cures will be quickly discovered, or ways of prevention or counterattack. I always believe that good triumphs over evil. M Por Fabiana Culshaw

125

www.berke.com.py

Asunción - Paraguay

Key Partners Hugo T. Berkemeyer Managing Partner hugo.tberkemeyer@berke.com.py

Marta Berkemeyer Head IP Practice Marta.Berkemeyer@berke.com.py

BERKEMEYER ATTORNEYS AND COUNSELORS is currently working with key players from all industry sectors, not only the most important local companies, including Fortune 500 companies. Clients agree that the services meet their standards both in excellence and cost consciousness. After 65 years in the market, Berkemeyer has transformed from an IP boutique to a full service ﬁrm with specialized lawyers in all areas of law, providing an ongoing legal support. The ﬁrm's IP practice, which is consistently topped ranked by legal directories globally, includes registration of trademarks, domain names, patents and designs, copyrights, licensing, franchising, enforcement and IP litigation, and coordinating steps nationally and internationally. Berkemeyer has a most notable record in international

Irene Angulo Head of Trademark Dept. Irene.Angulo@berke.com.py

transactions and M&A, having counseled foreign clients in some of the largest deals in the country. The ﬁrm's lawyers are experienced in a broad range of business and industry sectors, including real estate, energy and natural resources, providing expert support in regulatory issues, as well as tax, environment,

Barbara Dollstadt

immigration and labor matters. Recent incorporation of key

Head of the Litigation Dept.

experienced partners in the ﬁeld of energy and infrastructure as

Barbara.Dollstadt@berke.com.py

well as tax has made the ﬁrm extremely representative in those sectors. Berkemeyer´s diverse expertise enables the ﬁrm to provide a one-stop practice for clients who need exceptional legal services in a broad range of areas.

Jaqueline Querciola Head of the International Dept. Jaqueline.Querciola@berke.com.py

We pride ourselves on our ability to meet clients' needs directly, providing professional and practical advice through teamwork and collaboration to render a high-quality service in a thorough yet timely manner. Most of our lawyers are multilingual, facilitating eﬃcient and expeditious communication up to the international standards of everyday business.

Cristóbal González Head of the Patents Dept. Cristobal.Gonzalez@berke.com.py

Remembering These images are for nostalgia, joy, emotion... Perhaps the most difficult task of MARCASUR for this 20th Anniversary edition: the selection of photos of our trajectory, of our colleagues, of our friends. As always, choosing is ungrateful, we would have wanted to publish all of them... but the proposal of this tour together is to enjoy at least one image per year. Let's raise the glasses and thanks for being with us!

1997

Andrés Echeverría (Chile), Sergio Amenabar (Chile), Ramón Benedetti (Panamá) and Juan Pittaluga (Uruguay)

1998

Max Montero (Chile), Héctor Alvarez (Peru) and Rodrigo Velasco (Chile). International Bar Association (IBA) in Rio de Janeiro 128

www.marcasur.com

1999

Roberto Vieira de Mello and wife, Peter Siemsen, Ricardo Vieira de Mello

2000

Carlos Terra (Venezuela) playing guitar, José Carlos Tinoco Soares (Brazil) singing and Martha Dudas (Brazil) enjoying the music

2001

2002 Juan Enrique Puga (Chile), Enriqueta Carcelen (Peru), Luz Motebruno (Chile), Fernando Triana (Colombia), Gonzalo Fernández Secco (Uruguay). In ASIPI's regional seminar, Montevideo-Uruguay

Lilian Ruth Zelaya (El Salvador), Morena Zavaleta (El Salvador), Marissa Lasso de la Vega (Panama), Victoria Pereira (Uruguay) and Ana Cristina Arroyave (Costa Rica) www.marcasur.com

MARCASUR I 20 AÑOS 2 0 1 6

129

2003

Caroline Casseli (Paraguay), Marta Berkemeyer (Paraguay), Carola yand Max Villaseca (Chile). At INTA Amsterdam

2004

2005

The first joint conference INTA-ASIPI in Buenos Aires 2003. Manuel Soto, Adolfo Ocejo and the brothers Gilberto and Héctor de Hoyos Koloffon

Hugo Mersan (Paraguay), Martín Michaus (Mexico) and Turema Ramírez Ortiz (Mexico). In Rio de Janeiro. Congress organized by the Ministry of Justice together with Interpol, WIPO, Global Business Leaders Alliance Against Counterfeiting, ABPI and INTA 130

www.marcasur.com

ASIPI Punta del Este 2005, soccer winning team. At the top: Justin Young (USA), Jorge Allende (Peru), Martín Michaus (Mexico), Víctor Abente (Paraguay), Marcello do Nascimento (Brazil), Danilo Rodríguez Villamil (El Salvador). At the bottom: Martín Pittaluga (Uruguay), Milton Leao Barcellos (Brazil), Juan Vanrell (Uruguay) and Alberto Guerra (Brazil)

2006

2007 2008

Carlos and Verónica Uhthoff (Uhthoff, Gómez Vega & Uhthoff, Mexico) together with María Messina and Allan Pilson (Ladas & Parrys LLP, USA). In ASIPI Cartagena.

2009

Edy Guadalupe Portal (Portal & Asociados, El Salvador) and Claudia Serritelli (Estudio Chaloupka, Argentina) enjoying the beautiful day. In the INTA Leadership Meeting in Orlando, Florida, USA

Ricardo and Tito Mejía (Bufete Mejía, Honduras) and Susana del Cerro (Pittaluga Abogados, Uruguay) after visiting the Space Needle. INTA in Seattle www.marcasur.com

131

2010

Francisco Espinosa, Carolina Martínez (Francisco Espinosa Bellido, Peru, Enrique Cheang (E.C.V & Asociados, Venezuela), Felipe Castillo (Castillo Grau & Asociados, Colombia) & Luis Moreno (Moreno Baldivieso, Bolivia). ASIPI Peru

Perla Koziner (Bufete Aguirre, Bolivia), Beatriz Ayala (Ayala & López Abogados, Venezuela), Paula Clancy (Paula Clancy Professional Corporation, Canada), Loreto Bresky (Alessandri & Compañía, Chile) Joana de Mattos Siqueira (Montaury Pimenta, Machado & Vieira de Mello, Brazil), Michele Katz (Welsh & Katz, USA) & Flor Bermúdez (Arochi, Marroquin Lindner, Mexico). ASIPI Chile

2011 2012

Vanessa Noriega, Luis Guinard (Vallarino, Vallarino & García Maritano, Panama) with Fernando & Patricia Becerril (Becerril, Coca & Becerril, Mexico). INTA Washington

2013

Farah Molino (Fabrega, Molino y Molino, Panama), Pedro Chávez & Gabriela Bodden (E-Proint, Costa Rica). INTA Dallas 132

www.marcasur.com

2014 Barbarita Guzmán (Markven, Venezuela), Yolianna Arosemena (Benedetti & Benedetti, Panama) & Abraham Alegría (Alegría Martínez & Fernández Wong, Mexico). INTA Hong Kong, ready for work

2015

ASIPI México, Irina Terra (E.C.V. & Asociados, Venezuela), Victoria Sena (Sena & Berton Moreno, Argentina), Daniela Rojas (Hilborne Hawkin & Co, USA), Fabiola Dos Santos (FAL Lawyers, Australia), Margarita Romero Rosales (Romero Corral Abogados, Ecuador), Elyssa LeFevre Chayo (Di Blasi, Parente & Associados, Brazil)

2016

Marta Pequeño Manfredini (Ariboni, Fabbri & Schmidt, Brazil), Irene de Sola (De Sola Pate & Brown Abogados, Venezuela) & Pilar Soruco (Orpan, Bolivia), friends forever. ASIPI Cartagena 2015 www.marcasur.com

133

134

www.marcasur.com

“Congratulations to Marcasur for the first twenty years of existence... Coincidentally, my firm is the same age and during this time we were able to see the significant growth that they experienced. I clearly remember how each edition improved in quality and how the number of columns and news increased. We are proud of you and of having been able to accompany you during all these years. May there be many more…”

Greetings for the 20th anniversary

Carlos Terra. ECV & Asociados, Venezuela

"Marcasur is an icon in Latin America in terms of publications. It has been expanding, with interesting information and articles. It is unique, it is the magazine of the Latin Americans towards the world. I sincerely congratulate them.” “Since its beginnings, Marcasur has always been important in my professional life, because it it is a source of international statistics and informs about new developments in our area; it is a link with lawyers and firms in Latin America; it is a source of up-to-date information on events in the area of intellectual property worldwide; it is a mean to promote our firm; a forum to express our opinions with international reach; and it also highlights the best of academic and social intellectual property events. In addition, we have always felt very appreciated by all its members. I hope they keep reinventing themselves, as they always have!”

María del Pilar Troncoso. Troncoso Leroux, Dominican Republic

Adolfo López. Ayala & López Abogados, Venezuela "They've done an amazing job. Today they have a booth at INTA (he refers to INTA's annual meetingwhich took place this year in Orlando), with a very good human group, who films opinions and is always everywhere. They have known how to invest to have the best people, so congratulations, an excellent project.” Mauro Marín. Cikato Abogados, Uruguay “My sincere message of congratulations. I am a personal witness of Marcasur's beginnings, growth and evolution. My message is to keep on going, since it is a job well done.” Wilfrido Fernández. Zacarías & Fernández Abogados, Paraguay

www.marcasur.com

135

136

www.marcasur.com

COVER OF MARCASUR'S 50TH EDITION We remember this emblematic edition of our history, in which we celebrated the 50 issues of Marcasur, corresponding to July-September 2013.

www.marcasur.com

137

MARCASURTRAVELLING

Sharing with a numerous family in New Delhi, India

MY FAVORITE

DESTINATIONS WE CELEBRATE THIS SPECIAL EDITION RECOMMENDING PLACES AROUND THE WORLD THAT WE MOST ENJOYED IN THE LAST TWENTY YEARS.

SHANG KONG, the fusion of Shanghai and Hong Kong. Shangai is ultra technological, spectacular and more Chinese. Hong Kong is more western, adapted to trends and with stunning landscapes. DUBAI, the incredible and multimillionaire invention of a ultramodern city built in the middle of INDIA, another country, almost a continent. There, we learned about humbleness, happiness, acceptance, gratitude, spirituality, poverty, religion, coexistenceâ&#x20AC;Śin a world full of people, colors, hunger, animals, cars, motorcycles and

138

total chaos. And where there is also great wealth, the best hotels, almost royal services and incredible food. Visit New Delhi, Rajasthan, with the royal cities of Agra, Udaipur, Jaipur, south, authentic India, with the crude and seductive Mumbai, the ancient, modernized and wealthy Hyderabad. The arrival at Benares, the most sacred city of Ganges, the entrance to the river and the bathe in it, in search of the purification and elevation of the spirit.

www.marcasur.com

Moving deep into the sands of Morocco

KATMANDU, its temples and spirituality dazzles you.

ESTAMBUL, the mosques and the palaces of the city of the two continents.

EGYPT, the journey through the Nile, from Luxor to Asuan, the wealth of its cities, its tombs, the incredible pyramids and the antiquity that surrounds everything.

RUSSIA, with the domes of Moscow, a city with an impressive past and an intense present. The imperial city of St. Petersburg, retained in the past and its unreal but royal palaces of Peterhof, Catherine, Tsรกrskoye Selรณ and Pรกvlovsk.

MARRAKECH AND FEZ, its medinas, riads and markets. The amazing experience of spending the night in the Sahara desert in a small Berber tent with a bonfire, the moon and the stars, a chicken tajine eaten by hand and then sleeping on the sand protected by a kilim. Camel back riding at dawn, crossing the sand dunes that transform their color between yellow and ocher, always avoiding the high temperatures.

www.marcasur.com

CROATIA, the walled city of Dubrovnik, a must-see, hanging over the Adriatic with its narrow streets and alleys, its street lanterns and endless sights towards a boundless horizon. BERLIN, the political and cultural capital of Europe. A city that suffered, destroyed but resurrected to the point of being one of the most modern in the world. Full of strength, life and history, where architecture, tradition and culture make it a must-see.

139

With the complicity of the wind and tide, looking for new places in the world

We toured in group the historic sanctuary Machu Picchu

CORSICA, the entrance to port Bonifacio. Walls of unbelievable heights accompany us and hide the surprising entrance to this port. An ocean channel takes us to the end, accompanied by the wonderful Corsica hanging on both sides. Perhaps the most shocking entry we have made to a port. POSITANO, Capri, the Amalfi Coast. Everything, a delight. LA TOSCANA, an incomparable tour, with fantastic cities such as Siena, Florence, Montepulciano. A romantic, relaxed route with spectacular places and gastronomy (especially the wine!) to enjoy. Villas of the highest level.

140

Placid tour with friends on the Camino de Santiago

THE CAMINO DE SANTIAGO, between mysticism, adventure and challenge. With hundreds of walkers arriving with different objectives, covering longer or shorter distances but all of them with the same destination that unites them: to arrive at the Cathedral of Santiago de Compostela. An unforgettable journey that you always want to do again. CARTAGENA DE INDIAS, Patrimony of Humanity, a delightful colonial city. MACHU PICCHU The total impact, overwhelming and exciting. ATACAMA, another must-see desert.

www.marcasur.com

Four cities Rome, for its antiquity, for the possibility of discovering it by getting lost in it, for its informality. A fun city, cool, that can be walked with no need of taxis, traffic lights or bus. In any case, you do need a motorino. And what about the food! We loved the food. It is also the great center of design and fashion, fabulous to look at or buy.

Paris is Paris: the most beautiful and elegant. Each neighborhood is a small city to visit. It breathes architecture, perspective, trend and design. But especially romanticism: the Seine and its bridges, the avenues with ChampsĂ&#x2030;lysĂŠes at front, the incomparable Tour Eiffel, the luxury of boutiques. As in Rome, the food conquers us again, with thousands of internationally renowned chefs and thousands of brasseries, bistros, coffee bars ... There are also so many opportunities to appreciate art, with fabulous museums and great exhibitions. Paris is unique. New York. What to say? The most cosmopolitan city in the world, pure adrenaline, which never sleeps because it always has something to offer: from operas, ballets, concerts, Broadway with its musicals and the top theater, countless museums and art galleries, incredible auctions, famous chefs in every block, restaurants with all kinds of cuisine, the best designers, the unequalled department stores, Central Park, SoHo, Meatpacking, Chelsea, Brooklyn ... The minutes and the number of visits to enjoy this place are never enough.

San Pablo, the Latin American New York. A gigantic city that takes your breath away. Chaotic but glamorous, with very good museums and incredible national and international cuisine. As for fashion, it is dominated by the very particular Brazilian design: colorful, elegant and modern, invading Rua Oscar Freire and the impressive malls. Famous for being the city with more helicopters in the world. A nearby town that we love going back to.

www.marcasur.com

141

IN THESE 20 YEARS, INTERNET CHANGED THE WAY OF PREPARING AND MAKING OUR TRIPS HOW DO WE ORGANIZE A TRIP? BEFORE

NOW Purchase of flight ticket

Reservations were only made through travel agencie.

Company's websites, through search engines or visit travel agencies.

Hotel accommodation The hotel is contacted through its website or by some of the many search engines. You can view the amenities of the facility, the different types of rooms and read previous guests reviews.

Hotel reservations were made calling the hotel directly or through travel agencies.

Car rental Only through travel agencies.

Today on the web and looking for the best opportunities.

Transportation

Today Uber or similar companies are called.

Taxis and private cars.

Restaurant reservations By Open Table or similar application.

Always by phone.

Payments With traveler checks or cash withdrawal from banks

The cash is withdrawn from the ATMs or paid with card.

Communication Before, it was done by phone from the hotel or public telephones. High rates were paid.

Today cell phones allows to keep contact with no charge, emails, Whatsapp or Skype, among other applications.

Shopping Only during the trip.

Our purchases are waiting for us in our hotel.

Information about what places to visit We used to by travel guides or we would ask people that new the place.

142

We find information on everything we want to know through a great amount of applications.

www.marcasur.com

THE COVER THAT WASN'T USED The editorial work involves deciding which cover will accompany each issue. Of the various designs, many of them end up in a drawer. This is an example of a cover which was very discussed by Marcasur's team. Finally, we decided on the cover that accompanies this special edition which is made with all the covers of the magazine in small size. However, we wanted to share with you this eye, which, as "too disturbing", was finally discarded on this occasion.

MAGAZINE

we are already visualizing the next 20 yearsâ&#x20AC;Ś

144

www.marcasur.com

MARCASUR I 20 AÃ&#x2018;OS 2 0 1 6

145

146