FIRST LATIN AMERICAN INTELLECTUAL PROPERTY MAGAZINE / Nº 57 APRIL-JUNE 2015
Event Guide For Professionals In a Hurry
A Generous Attorney. WilfridoFernández, Chairman of the IBA
Events. ASIPI in Asuncion
Attorneys in their free time. Violinist Victoria Taylor and tennis player José Andrés Fuxet
THIS EDITION IS SUPPORTED BY:
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Editorial
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Marcasur Reports
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Interview. Wilfrido Fernández. Chairman of the International Bar Association
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Events. ASIPI in Asuncion
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Main Article. Event Guide for professionals in a hurry
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AIPPI World Congress preparations. See you in Rio
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Events. AMPPI in Mexico
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Interview. Mercedes Ameglio Mañé. Legal Counsel
Wilfrido Fernández Chairman of the International Bar Association
at the British American tobacco International Limited
Contents
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Attorneys in their free time. Victoria Taylor, from Argentina and José Andrés Fuxet, from Guatemala
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Marcasurtravelling. Creative Cariocas
Main article Event Guide for proffesionals in a hurry www.marcasur.com
Editorial
staff Editor: Juan Pittaluga juan@marcasur.com
Press: Karina González kgonzalez@marcasur.com
Juan Francisco Pittaluga francisco@marcasur.com
Academic department: Dr. Daniel Lamas dlamas@lamasgrimaldi.com.uy
Contributors: Teresa Pereira tere@marcasur.com
Victoria Pereira victoria@pereiramarketing.com
We have dedicated this issue to tell you about things every professional needs to know. To begin with, we offer you a report on IP events organized by different professional associations. Given the number of events, we have limited our scope to those that gather 500 or more people. It is known that nowadays, associations look forward to internationalize their events, which we have already discussed in previous issues (50) and which we will discuss again, but the purpose of this report is not studying the future of associations and their events, but to help professionals with their agenda. We will mention four out of the many events celebrated in March, organized by the Mexican Association for the Protection of Intellectual Property (AMPPI) in Mexico D.F., by the Inter-American Association of Intellectual Property (ASIPI) in Asuncion, by the São Paulo Association of Intellectual Property (ASPI) in São Paulo, and the regional meeting of the Intellectual Property Agents Association, ABAPISUL, in Florianopolis.
Contributors to this issue: Latinestadísticas Lorena Martínez Edgardo Larminy Commercial Department: Mei-lin Che mche@marcasur.com
Subscription Department: Cintia Ferreiro cferreiro@marcasur.com
Design: LP / arte visual Photography: Mei-lin Che
We interviewed Mercedes Ameglio, Uruguayan, to understand Latin American professionals that work in other continents. She has a lot to share with other women; she is a wife, mother and professional.
Communications: Natalia Domingo
Wilfredo Fernandez, from Paraguay, tells us about the International Bar Association, which is celebrating its 75th anniversary.
Correction: Alejandro Coto
We are still on preparations for the coverage of the two big Latin American events to be held this year. The first one is celebrated in October, organized by the Inter-American Intellectual Property Association (AIPPI) and the Brazilian Intellectual Property Association (ABPI) in Rio de Janeiro. The second, organized by the International Trademark Association (INTA) in Panama City, in November. We will publish a special English edition for these events, so that we can show the world, what is IP like in Latin America, as well as our social and economic situation.
Printing: Gráfica Mosca
As usual, we will attend the Annual Meeting of the International Trademark Association in San Diego as press, but we would gladly meet with subscribers and advertisers that wish to do so. M
ndomingo@marcasur.com
MARCASUR Year 19 # 57 April-June 2015 Cont. Echevarriarza 3535 A, 1501 CP 11300 Montevideo, Uruguay Tel: (598) 2628 4604 Fax: (598) 2623 2957 info@marcasur.com
Quarterly publication edited by Editorial MS S.R.L. >Marcasur email
Send us your email to: info@marcasur.com 6
Juan Antonio Pittaluga Editor
ISSN 1688-2121 D.L. 354.155 Comisión del Papel. Publication protected by Decree 218/96
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MARCASUR reports Panama NEW PARTNERS AT AFRA
From left to right Francisco J. Iglesias G., Katherine E. Aparicio G., Roberto F. Harrington A., Alejandro Alemรกn F., Monique Ferrer C., Juan Antonio Alfaro H., Carlos E. Ucar C.
Alfaro, Ferrer & Ramirez, Panamanian law firm, has welcomed new partners. The knowledge and experience that this team has acquired throughout the years strengthens the firm's reputation and commitment to their clients, which has character-
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ized them for the last five decades. AFRA has experience in general practice in areas of corporate law, intellectual property, banking, insurance, telecommunications, international trade, energy, environment, hydrocarbons,
immigration, labor, commercial, litigation and arbitration. Through its subsidiaries, AFRA TRUST and AFRA BVI, the firm also offers corporate and trust services. www.afra.com
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MARCASUR reports Philippi, Prietocarrizosa & Ibero-America Uría is the first ever major Ibero-American law firm, FIRST p r e v i o u s l y P h i l i p p i , Yrarrázaval, Pulido & Brunner (Chile) and Prietocarrizosa (Colombia). In addition to this, the prestigious Spanish firm, Uría Menéndez has joined the new firm. The firm has thirteen areas of practice, including a strong Intellectual Property work team. It also has its own offices in Santiago (Chile), Bogota and Barranquilla (Colombia), in addition to all resources Uría Menéndez has in Europe, Asia and America. This merger responds to the increasing demand for new services resulting from the
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interaction among the Pacific Alliance countries (Chile, Colombia, Mexico and Peru) and the growing interest of European, Asian and North American companies in the Latin American region. This is why the firm is also pursuing markets such as Peru and Mexico.
www.ppulegal.com patmarksco@ppulegal.com
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INTERVIEW // WITH WILFREDO FERNÁNDEZ
A GENEROUS
ATTORNEY
WE INTERVIEWED WILFREDO FERNÁNDEZ, CHAIRMAN OF THE IABA, SO THAT HE COULD TELL US ABOUT THE PRESENT AND FUTURE OF THE ASSOCIATION, WHICH IS CELEBRATING ITS 75TH ANNIVERSARY.
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The first lawyer in the family. He discovered his passion in 1970, while he was in Los Angeles, USA, as an exchange student. “We were lucky enough to have access to the Kruder Aptitude and Vocational Test. This test included both interests and aptitudes of the individual” he recalls. The result was clear and described social sciences — specifically law— as his best choice. “After this moment, I had no doubt that this was what I was supposed to study”. Apart from time spent on his post-graduate studies, he always lived in Asuncion city. Basketball, soccer, swimming and tennis are his hobbies. He was born into a small family; he has one brother only, an engineer, and both of his parents: Wilfrido and Herminia, who always encouraged him to read as much as he could. He has 37 years of experience in the field. Even before he was graduated, he had already worked as part of the tribunal of a civil law court and at another very well known law firm, Troche & De Gasperi, back then one of the most prestigious firms in Asuncion. After graduating from law school, he was lucky enough to have been awarded several scholarships to go study abroad: Washington DC, Frankfurt, and Rome. Once back in Paraguay, December 1980, he became associate partner at Vouga & Olmedo law firm, he then established his own IP law firm, in 1981. He entered the Inter American Bar Association (IABA) 34 years ago as junior partner. He had different responsibilities within the association, until the Council unanimously designated him as vicechairman and finally chairman. IABA chooses new chairman every year; he was president from June 2014 to June 2015. First of all, how would you describe the IABA? The IABA is the institutional version of continental legal practice and it is celebrating its 75th birthday as an entity on 2015, for which a special event will be held surrounding the Bar's annual congress celebration, organized this year in Lima, Peru, from June 30th and July 4th —event to which we extend our invitation to all Marcasur readers, provided
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“TO BE CHOSEN CHAIRMAN CLEARLY MEANS GREAT RESPONSIBILITY AND HONOR.”
that the event welcomes everyone. Chronologically speaking, at the beginning the IABA included bar associations from Canada to Argentina. Afterwards, in 1960, individual membership was created. During the third institutional development period, in 1980, memberships for Law School and other entities related to this area of social sciences were elaborated. Nowadays, the Association has welcomed extra-continental associations such as the General Council of Spanish Bar Associations and the Paris Bar Association. We are currently negotiating with the Portuguese and German Bar Associations, among others, to become institutionally related to our entity. What does it mean to you to be chosen as chairman of the Association? To be chosen chairman clearly means great responsibility and honor. I would like to mention two Paraguayan colleagues who also occupied this position at the IABA, the first of which was Prof. Dr. Sigfrido Gross Brown, deceased, following Dr. Federico Callizo Nicora. We express our respect and admiration to both of them, who dedicated their lives to law, their shared passion. Tell us something about the IABA's story The American Bar Association had the initiative to create the IABA in 1940. It was the second year of World War Two, which obviously had affected America. These were difficult times during which the democratic system and states were being threatened all around the world. With great vision, therefore, the American Bar Association decided to create an entity that included legal professionals from the entire continent. This is the origin of our Association. Individual members are part of National chapters and law schools have, at the same time, their own place within the Association.
Which is the most important event of the Association? Our annual congress is our biggest event, apart from other continuous activities throughout the year. What is the organization of the Association like? The main office in located in Washington where a manager is in charge of the permanent staff. Both individual members and national chapters take part in the Association's Council, which holds meetings twice a year; at the annual meeting which welcomes all members alike and an Executive Committee, with only twelve members, which is constantly in session. At the same time, the Association has its own foundation, in charge of social projects, as well as an International and Comparative Law Academy. Which are the responsibilities of the Association within the market of law professionals? According to bylaws, the objectives of the Association are to institutionally represent the interests of the interAmerican legal practice, as well as to always support the consolidation of States of law in our countries, the independence of Judicial Powers and even the defense of human rights. In addition to this, it also works as a permanent forum for experience and opinion exchanges between members, making networking easier. The IABA has different committees specialized in specific areas (Private International Law Committee, Integration Law Committee, among others) and an important Justice Administration Section. Studying the different areas of Law is also one of the Association's objectives, including comparative law. It also has a special chapter for young attorneys and Law students.
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“NOWADAYS, THE ASSOCIATION HAS WELCOMED EXTRA-CONTINENTAL ASSOCIATIONS.”
Don't you think that, somehow, the market is now “full” of bar associations? It is true that there are several bar associations on a local, regional and global scale. But they all have their own scope. We can call it saturation when there are more than one association pursuing the same purpose. We believe that it is possible to be part of a local bar association, of an Inter American association and of global associations related to law. The International Bar Association, the International Young Bar Association, our Association and the Panamenian Bar Association together held an event in February this year. This is a clear example that Bar Associations can relate institutionally to carry out this kind of event.
How do you see the present and future of the IABA? The Present and Future have, in all aspects of life, challenges. Therefore, the Present and Future of our Association will always depend on successful solutions we find to these challenges. We believe our present and future are very promising, especially because after our 75th anniversary, we can appreciate success and failure along the way, supporting constant institutional development all along. M
“CELEBRATING OUR 75TH ANNIVERSARY, WE CAN APPRECIATE SUCCESS AND FAILURE ALONG THE WAY, SUPPORTING CONSTANT INSTITUTIONAL DEVELOPMENT ALL ALONG.”
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EVENTS // ASIPI ASUNCION
AGRICULTURAL
KNOWLEDGE
At the entrance of the Bourbon Conmebol Convention Hotel in Asunción, Elena Puente (Espino Nieto & Asociados, El Salvador), Elizabeth Monzón Gonzales (Estudio Ramírez & Abogados S. A. C., Peru), Juli Gutiérrez (Estudio Muñiz, Ramírez, Pérez-Taiman & Olaya SCRL, Peru), Morena Zavaleta (Arias & Muñoz, El Salvador), Joana De Mattos Siqueira (Montaury, Pimenta, Machado & Vieira de Mello, Brazil) and Maritza Reategui (Estudio Muñiz, Ramírez, Pérez-Taiman & Olaya SCRL, Peru.)
Harvest was good and over 200 attorneys attended the event at the Sheraton Hotel in Asuncion to listen to experts lecture on “Intellectual Property in Agriculture”.
DURING MARCH 15 AND 17, 2015, THE SEMINAR “INTELLECTUAL PROPERTY IN AGRICULTURE”, ORGANIZED BY THE INTER-AMERICAN INTELLECTUAL PROPERTY ASSOCIATION (ASIPI) TOOK PLACE IN ASUNCION, PARAGUAY, FOCUSING IN ONE OF THE MAIN INDUSTRIES OF THE REGION.
The Inter-American Intellectual Property Association clearly nailed it when choosing the theme of the event. It was clear in all nine panels, that the agricultural topic, so important for regional, and specially local, growth, is strongly 16
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Javier Isern (J. Isern Patentes y Marcas, Spain) and Arturo Pérez Guerrero (Pérez Guerrero, Puerto Rico).
Cecilia Fernández Wagener (Brands Law, Paraguay) and Laura Collada (Dumont Bergman Bider & Co, Mexico).
related to Intellectual Property issues, which the event helped understanding, remembering and updating. Juan Vanrell, chairman of the Association, explained to Marcasur, that the goal of this traditional activity, carried out in March, is, indeed, discussing issues that directly affect the area in which the event is held. During the opening ceremony, José Graça Aranha, Regional Manager of the World Intellectual Property Organization (WIPO), also mentioned the significance of placing agriculture as main character, provided that Intellectual Property is fundamental for the development of patents, plant variety, proof data and biotechnological inventions. Most of invited panelists were technicians experienced in the application of IP rights in the agricultural area. One of the first conclusions drawn from their interventions is that, even though there are different companies working to improve the protection of technological inventions in this industry (such is the case of Bioceres, in Argentina), there are many things to be done down this road, for which more young professionals are needed in the IP area.
Mauricio Fernández (Bufete Soni, Mexico), Santiago Mayora Bascuñana (Mayora IP, Guatemala) and Eduardo Mayora Alvarado (Mayora IP, Guatemala). www.marcasur.com
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During the break,Maite Sosa Arteta (Olmedo Abogados, Paraguay), Enrique Díaz (Goodrich, Riquelme & Asociados, Mexico) and Julia Schmidt (Olmedo Abogados, Paraguay). At the museum,Margarita Romero (Romero Corral Abogados, Ecuador) and Joana De Mattos Siqueira (Montaury, Pimenta, Machado & Vieira de Mello, Brazil).
Víctor Stewart (Abente Stewart, Paraguay), Jose María Vicetto (Izquierdo & Vicetto, Argentina) and Francisco Pérez Gangotena (Pérez Bustamante & Ponce, Ecuador).
Before the meeting,Elizabeth Monzón Gonzales and Abraham Ramírez Villena (Estudio Ramírez & Abogados S. A. C., Peru) and Manuel Soto (Uhthoff, Gómez Vega & Uhthoff S. C., Mexico).
Caroline Casseli (Casseli Law Firm, Paraguay) and Justin R. Young (Dineff Trademark Law Limited, USA). Paraguayan Patricia Abente (Saguier Abente Law Firm) and Elba Rosa Britez Ortiz (Peroni, Sosa Tellechea, Burt & Navaja). 18
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The second conclusion is that Designations of Origin are under continuous development and study. In Paraguay, the honor guest was Stevia, natural sweetener, produced locally and which will be supported to promote its international growth probably by means of a Designation of Origin. Given the commercial and strategic importance that this opportunity means for the country, the local media got interested in “The Ka'a He'e case (Stevia Rebaudiana Bertoni)” to know the possibilities of this product to receive this kind of protection. The kindness with which guests were welcomed was even stronger than the high temperatures of Asuncion city. Everything was taken care of so that this event was one of the best in the region during the last few years. Our congratulations to our Paraguayan colleagues for the organization of this wonderful event. Dr. Hugo Berkemeyer was right when he asked everyone to applaud you. M Elegant, Marcela Cikato (Cikato Lawyers, Uruguay) and Raquel Toñánez Ortiz (Toñánez Ortiz & Asociados, Paraguay).
DE ABOGADOS
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Juan Moure (OlarteMoure, Colombia), Victoria Taylor (Ryan Lussich & Asociados Abogados, Argentina), Wilfrido and Lourdes Fernández (Zacarías & Fernández, Paraguay), Mauricio Patiño (Philippi Prietocarrizosa & Uría S.A.S., Colombia) and Eugenio Torres (Ferraiuoli, Puerto Rico)
José Guy Bendaña (Guy José Bendaña Guerrero & Asoc., Nicaragua) and Jorge Chávarro (Cavelier Abogados, Colombia)
Having fun, Elizabeth Kasznar (ABPI, Brazil) and Janos Fekete.
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Cecilia Abente Stewart (Abente Stewart, Paraguay), María Belén Ievoli (Izquierdo & Vicetto, Argentina), Cristina Hernández Martí (Hernández Martí, Spain), Lorena Mersan Meza (Mersan Abogados, Paraguay) and Irina Terra (E. C. V. & Asociados, Venezuela).
Friends and colleagues, Samuel Pamias (Hoglund & Pamias, USA), Jacqueline Raquel Angulo and Hugo Berkemeyer (Berkemeyer AttorMoreau (Moreau Gonzales & Asociados, Venezuela) and Armando Pinto (Dumont Berg - ney & Counselors, Paraguay), Bourbon Conmebol man Bider & Co, Mexico). Convention Hotel, Asunción.
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MAIN ARTICLE // INTERNATIONAL IP EVENTS
EVENT GUIDE FOR PROFESSIONALS IN A HURRY EVERY YEAR, WE FIND OURSELVES WITH ALL THESE BUSINESS CARDS ON OUR DESKS AND WITH OUR AGENDA FULL OF EVENTS. WHAT REASONS DO WE REALLY HAVE TO ATTEND TO THESE EVENTS? WHAT BENEFITS ARE IN FOR US? WE PRESENT YOU A GUIDE INCLUDING THE MAIN ASSOCIATIONS AND IP EVENTS THAT GATHER MORE THAN 500 ATTENDEES.
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When the world was tangible, IP professionals attended congresses to socialize, create networks and maintain already existing customers. Back then, travelling around the world to attend congresses, seminars and curses happened just few times a year.
The International Trademark Association (INTA) and the Association Internationale pour la Protection de la Propiété Intellectuelle (AIPPI) are two of the most important international organizations worldwide.
A DIFFERENT SCENARIO. Congresses
>AIPPI. The Association Internationale
keep growing in number. Even though communication and information technology updates help staying in touch with clients and therefore meeting face to face is not that necessary, the number of annual events rises every year.
pour la Protection de la Propiété Intellectuelle has 117 years of history, gathering over 9,000 professionals from around the world. Headquarters are located in France and the Board of Directors is made up of representatives from all member countries.
IP attorneys, therefore, need to choose events they will attend throughout the year. At first sight, this decision should depend directly on the interests of the firm regarding the organizing association and its membership. Firms attend this kind of event to promote their services. Professionals may be interested in the academic contents in order to learn and be updated in their field, while others are interested in networking opportunities. “The majority is in between these two” acknowledged someone at the event. A deeper analysis may include activities that occur off record, such as meetings with clients, improvised discussions at the hotel, events that clients organize during the congress among others. Everything, or at least most of it, focuses on questions such as: what do we get from these events?, which are the main features of the associations organizing the events?, how do we decide which event to attend?, which are the events you cannot miss?, how do you measure benefit?, if you had to choose just one of these events, which would it be?
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>INTA. The International Trademark Association gathers commercial trademark owners and professionals. It has 136 years of history and over 6,300 associated companies, which means 29,000 people from 190 different countries. 60% of members are from outside the USA. There are 19 Latin American associated private companies, 644 professional law firms and 2,500 individual members. Headquarters are located in New York. They have too main annual events throughout the year; the Annual Meeting and the Leadership Meeting. Each time, these events are held in different cities of the USA and just few times have they been celebrated abroad. This year, the Annual Meeting will be held in San Diego, California. Between 8,000 and 10,000 attendees from different countries are expected, however, most of them are American. In addition to a diverse and complete academic agenda, this event is known for its intense networking. The Leadership Meeting is held in November, to which only professionals who take part in some committee can attend. Around 1000 professionals go to this event, and this is the first time it will be held outside the USA. inta.org
Main events of the year are the World Congress and the Forum & Executive Committee Meeting, which are celebrated annually, each time in a different city, in any member country. This year, the Forum will take place in Rio de Janeiro and it shall be organized together with the Brazilian Intellectual Property Association. Enrolment to this event is individual and there are 1,500 to 2000 attendees. This is the oldest and more respected association of all; its academic performance is excellent. It is organized in national groups and individual members. National groups gather members from specific countries and have representatives before the AIPPI authorities. During the year, the AIPPI sends questionnaires to associates asking about academic issues, which every country needs to answer together with its team. Issues to be discussed at congresses and annual meetings come from this team work. Once the Association makes new resolutions, each group shall turn to their respective government. These decisions do not always have an effect on national regulations and doing so is very hard task.
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During the last few years, AIPPI has made a bet on Latin America. Choosing Felipe Claro, Chilean, as Chairman is a clear example of this, as well as the fact that this year, the World Congress will be held in Rio de Janeiro. aippi.org The Fédération Internationale des Conseils en Propiété Intellectuelle (FICPI) and the Licensing Executives Society (LES) are also important international organizations.
Diversity of members is an important feature of this organization. lesi.org The Inter American Association of Intellectual Property (ASIPI), the Asian Patent Attorneys Association (APAA), the European Communities Trade Mark Association (ECTA) and the Association of European Trade Mark Owners (MARQUES) are the main regional organizations, some of which are currently pursuing international recognition.
therefore, this event gathers mainly Latin American professionals. Following global tendencies, networking in these events keeps growing. Asipi.org
>APAA. The Asian Patent Attorneys Association has 45 years old. It gathers over 2,300 patent attorneys in the region, including Australia and New Zealand —but not China. The Directorate is made up from representatives from every member country. Its headquarters are located in Tokyo, Japan
>FICPI. Basically, this organization defends professionals all around the world and works to create relationships with trademark and patent offices. Despite its international nature, it has an important European, academic influence. The Association was founded in 1907 and main headquarters are located in Switzerland. It has 5,000 members in more than 80 countries. ficpi.org
>LES. It has over 10,000 members. This society consists of professionals interested in the granting of technological and IP licenses. Members of this society come from a wide range of disciplines and organizations.
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Its main annual event is held each year in a different city within the 17 member countries. This year, the 64th edition of the Council Meeting and the 17th edition of the General Assembly will be celebrated in Okinawa, Japan.
>ASIPI. The Inter American Association of Intellectual Property is 50 years old. It gathers over 1,200 attorneys and agents from more than 46 countries. It is mainly a Latin American Association. The Directorate is made up of representatives from all member countries.
The event gathers 1,000 to 1,300 people, 80% of which are Asian. African, European and American attendees can only observe and cannot become members of the APAA.
The main annual event is the Working Sessions, held each year in November, they also organize a Congress every three years. The annual event is held in a different country each time. This year, Working Sessions XIX will be held in Cartagena, Colombia. Over 700 people go to this event, from which 90% are Latin American. There is no other organization, apart from ASIPI that focuses exclusively on Latin America,
>ECTA. The European Communities Trade Mark Association is Europe. It has 34 years of history. It gathers over 1,400 members from all the European Union. The Board of
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Directors is made up of representatives from all member countries. Headquarters are located in Brussels, Belgium. Its main meeting is an annual conference, celebrated each year in a different country (within the Union). This year, edition 34th of this meeting shall take place in Hamburg, Germany. This event gathers 800 to 1,200 European attendees.
This Association has different events, the most important of which is the Annual Conference, celebrated in September each year. This year, it shall be held in Vienna, Australia. Approximately 700 professionals attend this event, most of which are European. Marques.org The Associação Brasileira da Propriedade Intelectual (ABPI), the American Intellectual Property Law Association (AIPLA), the German Association for the Protection of Intellectual Property (GRUR) and The Institute of Trade Mark Attorneys (ITMA) are other important organizations on national scale.
>MARQUES. This is a European Association, aimed at attorneys that work for companies of the region. The Association was created in 1987 and has its headquarters in the United Kingdom. It has organizational membership. It currently has over 600 member organizations divided among trademark owners and law firms that represent owners of trademarks, from over 84 countries.
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Its main event is the International Congress of Intellectual Property, held in August; this year celebrates its 35th edition. From all 700 attendees, 80% are Brazilian, although growing interest in the local market has increased the number of foreign participants. There is a clear participation of the private sector, as well as from authorities of the public sector. Even though corporate support has decreased, it is rising again on a significant way. This event used to be held all across Brazil but it is currently celebrated in São Paulo and Rio de Janeiro, provided that many of the attendees come from these two cities. Issues discussed are mainly local and language is an obstacle when it comes to lectures, even when simultaneous interpretation is provided. The Association is very important in Brazil; its main features are high academic level and updated topics. A particular feature of these events is audiences at panels. Academic excellence comes before networking.
>ABPI. The Associação Brasileira da Propriedade Intelectual has 51 years old. It gathers companies, law firms, as well as Brazilian and foreign Industrial Property agents. Its headquarters are located in São Paulo and Rio de Janeiro.
>AIPLA. No other organization is as active or respected as much as the American Intellectual Property Law Association
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regarding advocacy issues and activities. It started focused on patent cases and has extended to trademarks. It coexists in the American market with the INTA. It has approximately 16,000 members, over 45 committees and a 25 people staff. Most members come from the USA, but they also welcome foreign attorneys and patent agents, as well as other professionals and law students. Nowadays, approximately 14,000 members are American and 2,000 are from other countries. The Association has a Administrative Council of twelve members designated every three years and seven officers that are designated every year. They make their best to have a diverse Board of directors, including men and women, minorities, members that work both in private and corporate environments, and who focus on patents, trademarks, copyrights and other IP related areas. There are ten different Administrative Council meetings throughout the year, and the Association usually organizes three important meetings per year. The Annual Meeting is held in Washington D.C. in October and is the biggest one: 1,500 to 2,000 attendees approximately. The Winter Meeting is usually celebrated in late January in the West or East coast of the USA. Finally, the Spring Meeting is celebrated in different cities within the USA, in May. All meetings welcome anyone.
In Europe, on national scale, you can find:
GRUR. The German Association for the protection of Intellectual Property was created in 1891 and is the biggest and oldest German Association that deals with IP and copyright. Among its currently 5,000 members there are lawyers that specialize on national and foreign patents, judges, intellectuals, professors, business men and authorities of trademarks, German and European patents and authorities in charge of the protection of IP international organisms. Apart from other events, the Association organizes an Annual Meeting with approximately 700 guests from thirty different countries. Its Annual Meeting will be held in September 23 to 26 in Friburgo, Germany. Grur.org
for trademarks and design professionals, mainly in the United Kingdom, but also abroad. The Institute is in charge of promoting, educating and supporting law professionals, pursuing good academic level and continuous learning. It also promotes the importance of Intellectual Property and trademarks, as well as designs, for the wellbeing of big and small companies. It has a wide range of annual events for members, encouraging exchange of ideas and discussions over interesting issues for the profession. It has approximately 1,600 members. The ITMA Spring Conference will be held on March 18 and 19 in London. M Itma.org.uk
>ITMA. The Institute Of Trade Mark Attorneys was created in 1934 and provides security and protection for
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AIPPI WORLD CONGRESS
SEE YOU
IN RIO THIS IS THE SECOND TIME RIO DE JANEIRO IS PREPARING TO HOST THE WORLD CONGRESS OF THE ASSOCIATION INTERNATIONALE POUR LA PROTECTION DE LA PROPIÉTÉ INTELLECTUELLE, FROM OCTOBER 10 TO 14TH. WE INTERVIEWED LUIZ HENRIQUE O. DO AMARAL, CHAIRMAN OF THE ORGANIZING COMMITTEE, SO THAT HE COULD TELL US ABOUT PREPARATIONS FOR THIS EVENT, WHICH IS EXPECTED TO WELCOME NEAR TO THREE THOUSAND PEOPLE. THE ORIGIN. Rio de Janeiro has the facilities and a big hotel network to host an event of this dimension. The success of any conference or convention is granted when celebrated in this incredible city. For example, in 1998, the AIPPI World Congress was held in Rio, as well as the Football World Cup last year and the Olympic Games on 2016. All of this has contributed to the Congress being held in Rio. ON YOUR MARKS. Brazilian AIPPI members are as well part of the Brazilian IP Association (ABPI), therefore, the ABPI represents the Local Group. The Executive Committee of the AIPPI and the ABPI has created an organizing committee. The organization usually meets with AIPPI representatives in Rio.
THE AGENDA. The AIPPI program committee, in accordance with the ABPI has defined the academic program of the congress. “We have received over a hundred suggestions from local groups from around the world. The committee has selected those suggestions that refer to issues that currently affect the IP world and shall therefore be interesting for everyone. We shall dedicate one whole day to pharmaceuticals, focused on fundamental issues for pharmaceutical patents and trademarks, agricultural technology, copyright in the digital world, etc. All of this will surely gather the IP community in Rio. 38
SOCIAL EVENTS. Social events are important; they allow professionals to get to know each other. Attendees will take this as an opportunity to go to Rio. “We shall organize a cultural evening with a lot of Brazilian music, at the Copacabana Palace; a party, hosted by Brazilian law firms at the Maracaná stadium; and a gala at the Jockey Club in Rio, in the heart of the South Area.” For Brazilian professionals this event conveys a challenge. “To go beyond surprise is what we are always looking for” says Luiz Henrique O. do Amaral. M
THREE REASONS TO GO 1. EXPAND YOUR KNOWLEDGE REGARDING INTERNATIONAL IP ISSUES AND THEREFORE, INFLUENCE RESOLUTIONS AND DIRECTIONS TO TAKE IN THE POLITICAL AND LEGAL SCENARIO. 2. EXCHANGE EXPERIENCES WITH SOME OF THE MOST RESPECTED MINDS REGARDING DIFFERENT IP AREAS: PATENTS, TRADEMARKS, INDUSTRIAL DESIGNS, COPYRIGHTS AND OTHER. 3. INCREASE NETWORKING WITH IP PROFESSIONALS AND CLIENTS.
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EVENTS // 4th AMPPI INTERNATIONAL MEETING IN MEXICO
MEETING POINT
Author: 2014-2015 Board Engineer Fernando Becerril, president of the organizing committee, was in charge of the organization, together with Eryck Castillo, Eugenio Pérez, Gloria Isla and Vianey Romo. This time, the event was very emotional, provided that the AMPPI celebrated its 50th anniversary, we are deeply grateful for all these years of experience. This international meeting is part of a series of annual events, to which workers of governmental institutions, intellectuals, researchers, professors and representatives of different academic institutions, as well as attorneys from national and international law firms are invited to discuss current IP issues, exchange ideas and socialize.
Fernando Becerril (chairman of the Organizing Committee, Becerril, Coca & Becerril), Maca Rotter (Televisa Consumer Products MX), Michael Lewis (Regional Intellectual Property Attaché for Mexico, Central America and the Caribbean), Arturo José Ancona (holder of the UEIDDAPI (PGR), Manuel Luciano Hallivi (magistrate chairman of the Federal Tribunal of Fiscal and Administrative), Bernardo Herrerías (Chairman at AMPPI), Manuel Guerra (General director of the national Institute of Copright (INDAUTOR), Enriqueta Molina (General Director at SNICS), Mónica Villela Grobet, on behalf of Miguel Ángel Margáin, Jesús María Vásquez (Customs General Administration) and Enrique A. Díaz (Inter-American Association of Intellectual Property)
THE 4TH INTERNATIONAL MEETING, ORGANIZED BY THE MEXICAN ASSOCIATION FOR THE PROTECTION OF INTELECTUAL PROPERTY (AMPPI) AND THE MEXICAN GROUP OF THE INTERNATIONAL ASSOCIATION FOR THE PROTECTION OF INTELECTUAL PROPERTY (AIPPI) WAS HELD ON MARCH 4 TO 6.
This year, speakers from Mexico, USA, Colombia, Venezuela and the European Union participated. There were approx30
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imately 120 attendees. The TFJFA chairman, directors of IMPI, INDAUTOR, Customs, PGR, SNICS, as well as officers from the USA Embassy were present, as well as the European Union Delegations, the Tequilla Regulatory Council and ASIPI. Panels discussing different issues were organized by representatives of the Work Committees and the Education and Promotion Commission. Most popular panels were those discussing advantages and disadvantages of the cloud computing and new challenges for right holders; promotion and protection of
MartĂn Michaus (AMPPI / Basham, Ringe y Correa, S.C.), Gloria G. Isla – Organizing Committee / Tsuru Morales Isla, Abogados, S.C.), Vianey Romo (Committee coordinator at AMPPI / Cervera & Romo de Vivar, S.C.),
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geographical information; damages; copyrights, trademarks, patents and industrial secrecy. Other important panels discussed tendencies for the protection of apps from the industrial design, copyrights and trademarks point of view. Another interesting panel discussed the protection of non-traditional trademarks. Organizers expressed that international meetings are a great opportunity to meet new colleagues, as well as for creating legacy for future academic programs for new generations of the Association. During the closing ceremony, Bernardo HerrerĂas, chairman of the AMPPI, announced the 5th International Meeting scheduled for March 2016: “we know this is no easy challenge, but with the support of our colleagues, we will make of this one of the most important events in Latin America. We hope to have you once again in our next event.â€? M
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INTERVIEW // MERCEDES AMEGLIO MAÑÉ
LEGAL MEANS BUSINESS
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“EVEN THOUGH BAT DEALS WITH A CONTROVERSIAL PRODUCT, IT IS STILL A LEGAL AND STRICTLY REGULATED ONE.”
UNDERSTANDING WHAT THE MARKET VALUES FROM LAW PROFESSIONALS IS NOT ALWAYS EASY, OF COURSE, DESPITE THE FACT THAT IT MAY WORK AS A TOOL TO MEASURE THE DISTANCE FROM CERTAIN GOALS AS ATTORNEYS, COMPANY OR EXTERNAL ASSESSMENT. MERCEDES AMEGLIO MAÑÉ TELLS US ABOUT HER EXPERIENCE IN THE BRITISH AMERICAN TOBACCO INTERNATIONAL LIMITED.
She was raised in Montevideo, together with her parents and older brother. Despite the fact she has a small family, she has a lot of cousins and uncles that complete the family portrait and turned lunches at her grandparents' every weekend a memorable treasure. She was a good student and made the best out of every opportunity she was presented with during that period. As a lawyer, she worked in one of the most prestigious Uruguayan law firms. Six years ago, her husband, Alfredo Young, was informed that he was being transferred to an office in Zurich; this was when they both moved to Europe. Mercedes made her way to her current job at Legal Counsel at the British American Tobacco International Limited (BAT). Meanwhile, they had a son last year, Alfie. Let's start at the beginning, what was it like to move to Zurich? When in June 2009 my husband was informed that he was being transferred to Zurich I was not very happy with the idea of moving. I kept thinking that Switzerland was at the other side of the world, far from my family and friends. More than anything else, I knew that finding a job and making friends would be hard
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given that I did not understand the language of the city where I would be living. What is the city like? Colorful, it has a lake and mountains but at the same time is cosmopolitan; you can find people from all around the world living there, mainly because the city is said to be a financial center for patrimonial management. Also, Switzerland is a country that offers a wide range of outdoor activities. What is it like to be a mom and a professional? Going back to work after the leave was something I never doubted to do, but it was hard anyways. Leaving Alfie when he was only four months was no easy thing to do. Our philosophy regarding the baby is based on the quality time —and not the quantity of time— we spend together. To find the appropriate balance is fundamental and it helps us both to happily return to our jobs.
Tell us about your job at BAT. The office is located in the Canton of Zug, 25 minutes from Zurich. There we manage cigarettes sales for duty frees in all America, Europe and the Middle East. My work is very dynamic and varied. Among other things, my job consists of approving products and advertising campaigns; negotiating and celebrating contracts, weather it is with our providers, distributors or selling points; analyzing legal frameworks and providing the corresponding legal assessment. Which are the main differences between attorneys that work for companies and those who work at law firms? These are very different jobs. I would say that it has a commercial twist. It does not involve writing long memos or legal opinions; on the contrary: the head of a company looks for attorneys that are able to explain things in a simple and brief way, who clearly explain legal risks and consequences, avoiding all sorts of ambiguities. What things do companies value from attorneys? Attorneys are expected to make business easier, not to turn into blockers. When expressing an opinion, an attorney should not base his argument just on legal
“BAT SEES THE LEGAL DEPARTMENT AS A TEAM THAT PROVIDES SOLUTIONS, TO WHICH THEY TURN FREQUENTLY BEFORE TAKING DECISIONS.”
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“ATTORNEYS ARE EXPECTED TO MAKE BUSINESS EASIER, NOT TO TURN INTO BLOCKERS.”
frameworks; he should also take commercial consequences into account. In other words, you have to think as both a lawyer and a business man. What is it like to work abroad? In my opinion, most people that live and work abroad have the goal of succeeding at our profession; this is why we work hard, because otherwise, being far from our family would have no sense. In general, we are well prepared in academic terms; we speak more than one language and have lived in different countries. All of this makes us comfortable working side by side with colleagues with different nationalities and we adapt easily to the work culture of the company. What would the perfect candidate for the BAT be like? We search for open minded professionals that show initiative and at the same time have a critical stand point. Based on your experience, what do international companies value from external council? And which things are frowned upon? We sometimes hire external assessment. We try to avoid getting reports in which the conclusion is 50 = 50, consisting of a mere description of legal arguments. On the contrary, what we need is to be provided
with the legal bases that support a specific option, therefore avoiding ambiguous conclusions. Which particular features does business at BAT has? Even though BAT deals with a controversial product, it is still a legal and strictly regulated one. One of the most important things for maintaining business is the fulfillment of the corresponding local regulations. We are not against the regulation of tobacco; on the contrary, we acknowledge the risks that smoking conveys and are therefore in favor of its regulation. We would like governments to scientifically prove that the regulations they enforce achieves their goal: to protect the health of people.
motto and being recognized within the company because of it. The team is the responsible and I am very proud of it, provided that I am the oldest member. BAT sees the Legal Department as a team that provides solutions, to which they turn frequently before taking decisions. We are recognized as a commercial department that offers alternatives to achieve the goal. M
What is the future of the company like? This company is continuously growing. It has recently launched a brand of electronic cigarettes in the United Kingdom and is currently developing new nicotine inhalation devices in their Research and Development department, which represent the next step towards the creation of an alternative product line. Which would you say has been your biggest achievement within the company? Having “Legal Means Business” as our
“WE SEARCH FOR OPEN MINDED PROFESSIONALS THAT SHOW INITIATIVE.”
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ATTORNEYS IN THEIR FREE TIME
WE INTERVIEWED VICTORIA TAYLOR, FROM ARGENTINA, AND JOSÉ ANDRÉS FUXET, FROM GUATEMALA, ABOUT THEIR HOBBIES.
MADE BY
ATTORNEY VICTORIA TAYLOR (Buenos Aires,
1976) is a lawyer and partner at Ryan Lussich and associates in Buenos Aires. She also plays the violin. Her interest in music comes from her mother. “My mother loved music. She studied in a conservatory and gave guitar lessons at home. I grew up with that scenario and that was how she transmitted that passion to me”. The violin choice came as a surprise. “Anyone would say that It chose me”, she says with a smile on her face. 38
“Two years ago, I went to a concert at the Colón theatre, the symphonic orchestra, directed by Gustavo Dudamel, was playing. I really enjoy these events and I had the natural expectations when it comes to such a great musician, but during this concert I was specially captivated by the sound and image of violins playing together; the different musical layers they create, the spirit that violinists as a group share. The next day I found myself a teacher, a week after that I had my own violin and was taking my first lesson.”
She explains that for playing this instrument you need to be consistent and have patience when it comes to practice. “Progress takes time, but it is worthwhile”. When asked which is the most difficult part, she rapidly says: “everything!” and laughs. “This is a very difficult instrument to learn, very rebel, it goes off key with the weather (or just because), it requires precision when it comes to posture, movement and tension of the hand. You have to constantly take care of the key. www.marcasur.com
What she enjoys the most is playing with others. “I participate of a string group called “12 strings”, created and directed by my teacher. What it feels to be part of an orchestra, that kind of soul that it embodies, is unique.” She describes the violin as a versatile instrument. “You can play all kinds of music with this instrument, from pop to classical music, as well as folklore, rock, etc, weather as main instrument or as part of a group. It has great melodic capacity and it allows making special effects while playing. I also find it beautiful as an object; it is delicate and strong at the same time”. She takes lessons once a week and on Sundays she plays with the string group. “I see myself with the violin for a long time, I really love it. Playing it means facing many challenges, which I deeply enjoy.” This connection of creativity with intellectuality has made her more sensitive and provided her with new perspectives in every aspect. “I believe our profession is mainly providing a service. To do it right, you need to have different points of view, think outside the box and understand what the client is expecting from us, to be able to satisfy that need. This activity helped me develop things such as empathy and creativity, which are also also necessary for becoming better professionals. It also helped me understand that personal motivation is the strongest tool for self improvement and this I bring to my work team every day.”
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JOSÉ ANDRÉS FUXET (Guatemala City, 1975) is a lawyer and public notary, partner at Lexincorp, in Guatemala City. He also plays tennis. He started playing tennis when he was eight years old; his grandparents and other relative used to practice this sport “I have it in my blood” he claims. Nevertheless, it was not until he was fourteen that he started entering competitions, and even though he did not succeed at his attempt to win at tournaments, he worked hard each day to win. “With time, I reached my best, not professional” he admits. He managed to win several internal tournaments at the Hercules Club in Guatemala and other clubs also, as well as some regional competitions. While he was studying in Washington DC he was lucky enough to be part of the Maryland winning team, which competed at a regional tournament. “Participating in that tournament was a great achievement, especially because of the revalry between clubs. Back then, my team lost at the final and even though we did not get to the national competition it was an awesome experience. Once back in Guatemala, I participated in several tournaments and I managed to obtain first place three years in a row at an open individual tournament.”
while in the court or outside the court. This is a sport for gentlemen, to socialize with friends. Personally, I believe this activity helps you to be mature, disciplined, to be in good health body and mind wise.” This sport has had positive effects on his profession. “With tennis, I have experienced feelings and emotions that I have cherished all my life”. His favorite tennis player is Roger Federer. “He has written history. Every time I see him playing, he shows me how beautiful is this sport. He is a gentleman and a figure of tennis.” A confession: “The first time I entered a tournament, at the age of ten, I was fourth. The thing is, the tournament had only four competitors” he says and smiles. M
The most difficult part, clearly, has been achieving different goals he set himself “to be able to progress you need to work hard. You need to enjoy every moment
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MARCASUR TRAVELLING
CREATIVE
RIO DE JANEIRO, HOST OF THE NEXT CONGRESS OF THE INTERNATIONAL ASSOCIATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY, IS ONE OF THE MOST VISITED DESTINATIONS IN THE WORLD. WITH SO MANY CHARMS TO DISCOVER, NOTHING BETTER THAN TWO LOCALS TELLING US HOW TO EXPERIENCE THE CIDADE MARAVILHOSA. Joana de Mattos Siqueira In between the FIFA World Cup and the Olympic Games, this year, Rio de Janeiro, the cidade maravilhosa, celebrates its 450 anniversary and will welcome hundreds of IP attorneys for the AIPPI and ABPI Congress. I find it hard to be brief when writing about Rio, my hometown, for I would like everyone to get to know it as I do: starting my morning at the Ipanema beach and then taking a bath in Arpoador. Yes, Ipanema and Leblon are favorites, gastronomic centers, fashion and social life in the South Area as well, but I decided to share with you other secrets, located in other areas which are also in many of our postcards. Nothing compares to having breakfast at La Bicyclette, more specifically, at the one located in the Botanic Garden, so 40
that you can appreciate some of our tropical flora and our national history. Located in the same neighborhood, meat lovers will find the traditional Rubayat, which is in between the Jockey Club courts and under the Cristo Redentor. How could I not mention the Lagoa Rodrigo de Freitas, where you can have lunch or a drink with a beautiful view. If you already know Rio, or is planning to come and stay long enough to go around the city calmly, you should find the time to go around Santa Teresa, the bohemian neighborhood. You should not miss the opportunity to have lunch at the AprazĂvel restaurant, surrounded by trees. If you stay in the Barra da Tijuca area (where the AIPPI-ABPI Congress will be held) you should not miss the Village www.marcasur.com
CARIOCAS
Mall, the newest and most elegant mall in Rio. You should also enjoy the different gastronomic options in the neighborhood, among which you can find the subsidiary of the famous Fasano, Gero restaurant. I would not let any tourist leave Rio without tasting our delicious natural juices and fresh sandwiches (how about some açaí?): my favorite are Balada Mix, Bibi Sucos y Polis Sucos. Our spirit is all there! You already decided to escape from Rio? Words cannot describe how much I love Búzios and its numerous beaches, only two hours away by car. If you go, you should visit the Rocka restaurant, located in Praia Brava; this information is worth gold, given that you may be suggested other good restaurants in the area, but not this one. When it comes to hotels in Búzios, this is my brief list: Vila d'Este, Casas Brancas and Insólito.
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Another option to relax and breath fresh air, is going all the way to the mountain region, where you should go to Petrópolis city (an hour by car from Rio) and stay at the Quinta da Paz Hotel, with nothing to do but relax and discover that locals also like to enjoy the “fresh” air of this part of the State.
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Mario Soerensen Garcia
The responsibilities that an attorney living in Rio de Janeiro and dedicated to Industrial Property may have are not so different from those others that live abroad have. But some say that in Rio, you can combine different life aspects and find equilibrium. I live opposite to Ipanema beach, a few steps from the sea. I wake up at 6:00 and after answering mails, at 7:30 is the time for practicing some physical activity: running, riding a bike, swimming, fishing (specially during the calamari season), paddling or even, if the weather allows me to, surfing, sailing, wakeboarding or windsurfing. As you see, Rio offers a wide range of activities to have fun in the sea, or even outside. When it comes to water sports, you need to buy or rent the corresponding outfits. Those who dare can go paragliding from Ipanema to Barra. Those who do not dare can enjoy walking on the beach. Everyone can have fun here. But culture is also something that characterizes Rio, I suggest tourists to go to museums, dancing shows, musicals and art expositions, among other activities. You have a wide range of options, choose according to your interests and enjoy. You should also take walks around the city.
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Niteroi Contemporary Art Museum
Rio is for everyone, it has touristic attractions all around. Most famous places to visit are Pan de Az煤car and Cristo del Corcovado. I also recommend for you to ask the Hotel manager to organize a tour in the rainforests surrounding the city. But also go for a ride on your own and move around. For example, you should go to the Barra area, where the AIPPI activity shall be held and half an hour away from Ipanema by car. There is a lot to do on your own! M Bonifacio, C贸rcega
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THIS EDITION IS SUPPORTED BY: