FIRST LATIN AMERICAN INTELLECTUAL PROPERTY MAGAZINE / Nยบ 61 APRIL-JUNE 2016
MAGAZINE
Latin America at INTA Six Latin American share their experience as volunteers
With open arms IBA Regional Conference in Rio de Janeiro
Tim Girven Interview to editor of Legal 500 Latin America
THIS EDITION IS SUPPORTED BY:
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Events Biennial IBA Latin American Regional Forum in Rio de Janeiro
Contents
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Editorial
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Statistics. Patents: Latin America vs global applications
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Marcasur Reports
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Interview. Tim Girven, editor of Legal 500 Latin America
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Main article. Latin America at INTA. Six Latin Americans share their experience as volunteers.
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Events. Biennial IBA Latin American Regional Forum in Rio de Janeiro
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Events. Seminar on Anti-Counterfeiting of ASIPI in Aruba
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Events. 5th International AMPPI Meeting
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Interview. Pilar Troncoso, ASIPI President
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Column. By Victoria Pereira (Pereira Marketing)
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Attorneys in their free time. Julian Vadillo, from Mexico and Joseph Morales, form Colombia
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Marcasurtravelling
Interview Pilar Troncoso, president of ASIPI
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Editorial
staff Editor: Juan Pittaluga juan@marcasur.com
In this new issue —the first one during our twentieth anniversary— we present you with interviews to Latin American professionals who are voluntarily working at different committees and commissions of the International Trademark Association. They explain their work and vision regarding the Association's plans for IP in Latin America.
Press: Karina González kgonzalez@marcasur.com
Juan Francisco Pittaluga francisco@marcasur.com
Wina Arambule warambule@marcasur.com
Academic department: Dr. Daniel Lamas dlamas@lamasgrimaldi.com.uy
Contributors: Teresa Pereira
We also covered the International Bar Association Regional Forum, which took place in Rio de Janeiro, during which we did some interviews —available in our website, in the “Marcasur Clips” section.
tere@marcasur.com
Victoria Pereira victoria@pereiramarketing.com
Commercial Department: Mei-lin Che
We also report on the Inter American Industrial Property Seminar in Aruba, this beautiful island which is now to be part of an important economic development process. We also tell you all about the prestigious event held by the Mexican Intellectual Property Association, in Mexico City. In addition to this, we include an interview with Tim Girven, editor of the Legal 500 Latin America, who explains everything about this prestigious ranking company. Finally, to celebrate our anniversary, we will publish an extraordinary issue and we invite you to be part of it. We will also launch an app for our readers. M
mche@marcasur.com
Subscription Department: Cintia Ferreiro cferreiro@marcasur.com
Design: LP / arte visual
Communications: Natalia Domingo ndomingo@marcasur.com
Correction: Alejandro Coto Printing: Gráfica Mosca
Juan Antonio Pittaluga Editor
MARCASUR Year 20 nº 61 April-June 2016 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 e-mail
ISSN 1688-2121 D.L. 354.155 Comisión del Papel. Publication protected by Decree 218/96
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STATISTICS
Patents:
LATIN AMERICA VS GLOBAL FILINGS
GLOBAL PATENT GROWTH According to the 2015 edition of the World Intellectual Property Indicators —WIPO's annual report on the latest trends in IP activity worldwide, patent applications in 2014 increased 4.5% comparing with 2013. From all 2.7 million patent applications filed during 2014, 62,201 were filed in Latin America. The total number of filings from all twenty countries in our region represent just 0.23% of the global total. According to WIPO, China, with the biggest population in the world (1369 8
LATIN AMERICA IS RESPONSIBLE FOR ONLY 0.23% OF ALL PATENTS APPLICATIONS FILED DURING 2014. DESPITE THE FACT THAT GROWTH IS THE GLOBAL TREND, OUR REGION FELL 1.27%, UNLIKE CHINA, ITS MAIN COMMERCIAL ALLY AND WORLD LEADER IN PATENT APPLICATIONS.
million inhabitants by 2015) and with the second biggest economy in the globe —with a Gross Domestic Product (GDP) of 12,032,111 million dollars— was the main responsible for global filing increase during 2014. China reached a number of 928,177 filings during 2014 (12.5% growth), outstripping the combined total of its next-closest followers, USA (578,802) and Japan (325,989), the former with an
1.3% growth and the latter with a 0.7% decrease. Following the Republic of Korea (210,292) and the European Patent Office (152,662), made up of 38 different nations (see graphic 1). If the current trend continues, China's State Intellectual Property Office (SIPO) is set to become the first office to receive a million applications in a single year. www.marcasur.com
GRAPHIC N°1. GLOBAL PATENT APPLICATIONS FILED IN 2014
0,23 %
2,7
of global patent applications were filed in Latin America
Some 2.7 million patent applications were filed in 2014.
4,5 % Global patent applications in 2014 increased 4.5% comparing to 2013.
PATENT APPLICATIONS FILED IN LATIN AMERICA 20 Latin American countries reached a total number of 62,201 filings in 2014, 1.27% less than the previous year (62,999) (se graphics 2 and 3). This decrease —the first since 2010— was influenced by the regional deceleration that filings have suffered, which went from a 5.99% growth (2011-2012), to a 1.17% (2012-2013). Paraguay (-31.40%) www.marcasur.com
-1,27 % decrease was registered in Latin American patent applications filed during 2014.
was the most affected country during 2014, following Uruguay (-26.20%), Bolivia (-24.63%), Venezuela (20.26%), Cuba (-11.76%), Guatemala (-7.74%), Costa Rica (-5.80%), Dominican Republic (-3.37%), Argentina (-1.89%), and Brazil (1.75%) (see table 1). Filings in Costa Rica, Dominican Republic and Cuba have been decreasing since 2011. According to WIPO, the Brazilian IP office is one
of the ten most important offices in the world, it grew strong up until 2014, when it started decreasing. Brazil and Mexico, most populated nations in the region, had the greater number of filings: 46,477. In Brazil, 84.64% of applications were filed by foreign applicants, while in Mexico, this number reached 92.27%. Countries that did better during 2014 are Panama (229.89%), Haiti (90.91%), Ecuador (60.41%), 9
Nicaragua (14.96%), Honduras (12.90%), Colombia (6.20%), Mexico (4.47%), El Salvador (2.19%), Peru (1.66%) and Chile (1.07%). Between Panama and Chile —first and last in this ranking— there is a 2.38% difference. For Panama, 2014 was a comeback: it had been decreasing since 2011; 95.47% of patent filings in 2014 were issued by foreign applicants. Only Peru and Chile have grown continuously since 2011.
GRAPHIC N°2 ANNUAL GROWTH/DECREASE OF FILINGS IN LATIN AMERICA (2010-2014)
PATENT APPLICATIONS FILED IN LATIN AMERICA UNDER THE PATENT COOPERATION TREATY (PCT) Latin American patent applications filed under the PCT have grown 2.97% during 2014 (see graphic 4). Growth was grater during 2011 (14.31%) and 2012 (6.33%) and given that fluctuation was sustained, it is not possible do define which year was better or worst in the 2010-2014 period. From all nine studied countries, five increased their filings between Was the country where filings grew the most. 11.27% (Honduras) and 0.30% (Brazil), while four decreased their filings between -1.44% (Chile) and 9.42% (Guatemala) (see table 2). Honduras had been suffering drops since 2012 but recovered in 2014 and is currently ranked first with 11.27%, following Mexico (8.80%), Colombia (7.63%), Peru (1.87%) and Brazil (0.30%).
Even though Brazil was the country that less increased their filings during 2014, it is the only one that has been growing ever since 2010. Main applicants under the PCT in 2014 —in countries where filings have grown— are Whirpool S.A. (Brazil), the National Autonomous University of Mexico (Mexico), Ecopetrol (Colombia) and Pontifical Catholic University of Peru (Peru).
Panama (229,89 %)
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Brazil NO OTHER COUNTRY HAS GROWN CONSTANTLY DURING 2010-2014
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GRAPHIC N°3 VARIATIONS IN PATENT APPLICATIONS FILED IN LATIN AMERICA (2010-2014)
GRAPHIC N°4 ANNUAL GROWTH/DECREASE OF PATENT APPLICATIONS FILED IN LATIN AMERICA UNDER THE PCT (2010-2014)
88,24 % of patent applications filed in Latin America during 2014 were issued by foreign applicants.
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99,44% of patent applications filed under the PCT in Latin America during 2014 were issued by foreign applicants.
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TABLE 1. PATENT APPLICATIONS FILED IN LATIN AMERICA DURING 2014
Note: N/d: No statistical data
TABLE 2. PATENT APPLICATIONS FILED IN LATIN AMERICA UNDER THE PATENT COOPERATION TREATY (2010-2014)
Note: The PCT does not apply in Argentina, Bolivia, Cuba, El Salvador, Haiti, Paraguay, Nicaragua, Uruguay and Venezuela. N/d: No statistical data
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ABRIL / JUNIO 2 0 1 6
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MARCASUR reports PERU 75 YEARS, THREE GENERATIONS, ONE MISSION Francisco Espinosa Reboa, Francisco Espinosa Bellido and Carolina Martínez Hoepelman
First row: Ana C. Sotelo, Francisco Espinosa Reboa, Francisco Espinosa Bellido, Carolina Martínez Hoepelman, Barbra Zegarra M.; second row: Mario Vílchez, Hiromi Hamada, Piere Abanto O., Roberto Robles and Adriana Reyes.
Espinosa Belllido Abogados is celebrating its 75 anniversary of industrial property tradition. Francisco Espinosa Sanchez was the first of his family to work in the industrial property area, working as corporative attorney for Abbott Laboratories since 1941. The family has been working in the industrial property area since then, providing council and creating a lawful client portfolio. Dr. Francisco Espinosa Bellido has been a recognized expert in the area for over 45 years, and has played a major role in the national legal activity. He was also first vice-president of ASIPI.
Tradition currently continues with Francisco Espinosa Reboa, grandson of the founder of the firm, LLM in Intellectual Property by Franklin Pierce Law center currently University of New Hampshire; Managing Partner of the firm, he supervises all services. Family tradition has expanded and completed with Dr. Carolina Martinez Hoepelman, daughter in law of main partner, LL.M. in International, European and French Business Law from the University Paris 2, Patheon-Assas, Paris, France. She is Attorney in Charge of the Patents Department.
Corporate image and website of the firm have been updated: ‹www.espinosabellido.com›. Espinosa Bellido Abogados associates partners and work team thank all industrial property friends and clients who have been with us all along.
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INTERVIEW // WITH TIM GIRVEN
THE ORIGIN The Legal 500 was pioneer as legal guide in England and is currently one of the most respected rankings worldwide. Tim Girven, editor for Latin America, has been in the legal area for over a decade and has been leading the regional project for the last five years. He explains right from the start that he is entirely independent. “The Legal 500 has never been a pay-to-pay publication, where paying for a profile in the guide has any influence in the result of research or rankings.” According to him, this is confirmed by the fact that law firms which have never paid for a profile have continuously achieved the best positions in the ranking year after year. “Not all law firms agree with our criteria, of course, but I always try to have our
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decisions based on specific data and substantial evidence.”
PROFESIONALS IN CHARGE Who exactly is in charge of classifying law firms? Work team includes around 50 full time researchers for all Legal 500 guides. In addition to this, another 14 or 15 researchers exclusively focus on researching legal in house “an area that is growing as fast as the private practice” he explains. There is a 15 people team for the Latin American guide, including analysts, and attorneys that have worked in England, Spain, Chile, Colombia, Peru, and other countries. Latin America was the last region to be included in Legal 500; it was originally planned to enter the ranking in 2008, but
it was delayed because of financial crisis and was finally included in 2012. The researchers team is located at Fleet Street offices, in London's legal district. They carry out research on every region each year. They make interviews by phone and send (not every year, but frequently enough) researchers to all different markets. “We have both telephone and personal communication” says Tim. The most important part of this process are written reports requested to law firms, where they must describe their team and annual activities, together with contact information of their most important clients, so that Legal 500 can speak directly with them about service provided by the firm. In addition to this, most relevant IP figures are interviewed.
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THE POWER OF
CLASSIFICATION THE LEGAL 500, CHAMBERS, THE LAWYER, LATIN LAWYER, IFLR, WHO'S WHO LEGAL, MARTINDALEHUBBELL, PRACTICAL LAW COMPANY… THERE IS CLEARLY AN INCREASING NUMBER OF PUBLICATIONS AIMED AT CLASSIFYING THE LEGAL WORLD AND CREATING BUSINESS. WE INTERVIEWED TIM GIRVEN, EDITOR OF THE LEGAL 500 LATIN AMERICA TO LEARN ABOUT THE CURRENT SITUATION OF THIS MARKET.
Of course, not all law firms are involved in this process, but most of them are. It is important to make clear that providing written reports is not enough to enter rankings. This helps researchers, for it gives them information of the firms' activities, but being ranked is not granted. “Our purpose is to describe reality as faithfully as possible, not just produce reports on all firms that have provided written information” he claims. “As time goes by, we get to understand the legal market and who are the main characters, both in terms of entire law firms and professionals working at firms, which helps us keeping track of dissolution and incorporation of new important law firms, as well as learning when some start to gain or lose strength in this market.” This philosophy means www.marcasur.com
that requirements for participating do not depend so much on written reports, but mainly in being an efficient and effective law firms. “Any law firm can enter our rankings if there is enough evidence to prove that work has been carried our efficiently and that clients are satisfied with service provided” says Tim.
CHANGING RULES First, we should mention that Legal 500 —unlike its competitors— does not rank professionals, but law firms. From their point of view, if services provided by a single attorney were enough to fulfill demands from corporations and companies, they would hire attorneys instead of corporate law firms. “They would save money!” Tim explains. However, this does not happen. According to Tim, law firms have become
“ANY LAW FIRM CAN ENTER OUR RANKINGS IF THERE IS ENOUGH EVIDENCE TO PROVE THAT WORK HAS BEEN CARRIED OUR EFFICIENTLY AND THAT CLIENTS ARE SATISFIED WITH SERVICE PROVIDED” 19
UPGRADE OR DIE The Legal 500 project started 29 years ago; it claims to be the first legal English guide. “This does not seem to be recognized. The research method involving submission and interviewing partners at firms, as well as their clients, is currently very well known, and was also created here, in Legal 500.” The Legal 500 United Kingdom has been printed since 1988; the EMEA (Europe, Middle East and Africa) since 1991, Asia and the Pacific since 1996, the German Legal 500 has been published in German since 2000, the French issue since 2003, the American version since 2007 and the Latin American issue, in Spanish, since 2012. Other online guides include the Caribbean and Canada. Work speed for this kind of publication is very fast; those who look forward to get away with a piece of the legal market cake should bear this in mind. “In our organization, one publication follows the other. For example, we are currently working on publications for the United Kingdom and Latin America, then comes Germany and Canada, and finally, Asia and the Pacific. In August we will continue on researching EMEA markets and the year will end with interviews for the USA market.” If you are interested, you can learn more about our research calendar in: h t t p : / / w w w. l e g a l 5 0 0 . c o m / a s s e t s / p a g e s / a b o u t - u s / g e t involved.html#deadlines http://www.legal500.com/assets/pages/about-us/get-involved.html.
institutionalized, and at the same time companies tend to have bigger and bigger in house teams, instead of just having outside council. This has become a necessity. “Current legal scenario for business has become too complex. Clients need multidisciplinary and expert council. Therefore, what we deem important is to research, describe and classify service provided by law firms in all legal areas. In which case, ranking professionals seems too problematic (for example, is it better for a young partner to have some years of experience in the public area or to be an in house attorney?). In the worst scenario, it may become just an ego competition. This does not mean we do not mention outstanding professionals in
each law firms, of course we do, but we do not pretend to go any further.” Editorial focus is set upon partners instead of associates, because they are the firm, “but also because in a region where markets are increasingly competitive, announcing young talents to competitors (and to companies that search for in house candidates) is no service.
IN FIRST LINE What is the firm selection process like? To sum up, rankings result from a flexible matrix from at least three factors, which include team strength (size, training, experience, linguistic abilities and specialization), last year's activity (its relevance, complexity and sophistication)
“RANKING PROFESSIONALS SEEMS TOO PROBLEMATIC AND IN THE WORST SCENARIO, IT MAY BECOME JUST AN EGO COMPETITION”
and finally, client's satisfaction (tanking importance of client into account, size of company, amount and complexity of services). There are other secondary but important factors, such as: “the firm might have excellent service in a specific area, but may not (yet) have satisfactory exercise in areas such as environmental law or regulatory law, which is fundamental; or it may have a great transactional team, but have no experience in providing council regarding compliance risks, which —having experienced different corruption scandals in the region— is essential.” They do not take opinions from attorneys in the same market into account: “you never know where comments and observations come from; it is possible that someone is the best friend of someone in another law firm, or in the contrary, that they do not like each other ever since they met in Law School. We do take opinions of attorneys in other jurisdictions into account, provided that their judgement is more technical than clients' opinions (who are more focused on pricing and service standards), and therefore provide additional relevant data.” These are all factors that may influence the ranking. Apart from this, researchers have the responsibility of researching and designing rankings, which they afterwards have to present and defend before their editor. “In case of doubt, an editor shall take a decision together with senior researchers or presenting details of the case to other editors.”
“THE LEGAL 500 HAS NEVER BEEN A PAY-TO-PAY PUBLICATION, WHERE PAYING FOR A PROFILE IN THE GUIDE HAS ANY INFLUENCE IN THE RESULT OF RESEARCH OR RANKINGS.”
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FIRST PERSON
ON THE OTHER SIDE Tim, who was born 50 years ago, in Wimbledon, London, can be described as an intellectual, enterprising and professional man. However, looking closely at his career, you may get the idea that rather than adjusting to circumstances, he knows how to analyze situations and has the courage to dare changing the rules of an up-for-improvement game. Therefore, after learning how other organizations work —first as press analyst and in the legal area afterwards— he believes independence is an important professional asset. “I have no interest in working as editor of a publication where integrity is commercially influenced. This is a matter of professional credibility; I think I would not survive in this area if data under my responsibility is not perceived as liable and true to the market's reality” he explains. He has been focused in Latin America for over a decade. He was a History and Literature student in Spain, where he learned Spanish. He returned to London, where he took a master's degree on Latin American studies and started traveling through Latin America afterwards. In order to learn more about our region, he based his thesis on the Mexican-USA border. Though he is trained to be a historian, taste and tendency led him to be an editor. His hobbies are reading and writing. He also enjoys cycling and swimming, although he explains these two have been left behind during the past few years. He currently lives in Woolwich neighborhood, in London, in a house with garden.
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Main law firms have been prized for this kind of publication. Receiving an award from such prestigious publication is always well received. To be well ranked is great news. For small law firms, just to be ranked is a prize. All in all, there is no doubt that in spite of subjective points of view that may be involved in the ranking process, this is a very realistic picture of the legal market. M
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MAIN ARTICLE // LATIN AMERICA AT INTA
INTA
Iris Quadrio
FROM
LATIN AMÉRICA SIX GREAT LATIN AMERICAN LEADERS ARE VOLUNTARILY WORKING AT INTA. WE INTERVIEWED THEM TO LEARN WHAT CONTRIBUTIONS HAVE LATIN AMERICAN PROFESSIONALS MADE TO THE ASSOCIATION.
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Daniela Rojas
GLOBAL TOWN The main goals of the Association are the protection of clients and the promotion of fair and effective business by the protection of trademarks and intellectual property worldwide. Three thousand one hundred people are voluntarily working on ninety different committees for this purpose. Iris Quadrio, Daniela Rojas, Alicia L l o r e d a , G u s t a v o G i a y, M a r i o Soerensen, Jacobo Cohen and Gerardo Muñoz are part of this group of people, and were interviewed by Marcasur during a working breakfast in Panama City. Gustavo Giay, Argentinean, assures that his main goal is to make INTA fully understand the Latin American problematic. “We are the ones in charge of informing the Directive board about such issues, which should be included in the agenda.” Mario Soerensen, from Brazil, believes it is important that the Association opens up to Latin America. “INTA is very interested in our region, and listens to us” says. “I am Latin American —says Daniela Rojas, from Venezuela; I left my country www.marcasur.com
when I was very young and have both studied and worked in Europe, Japan and USA, and have a global point of view. This is what I am doing at INTA, working to help globalization. They are interested to know what is going on in Latin America, and we are responsible for providing this information.” Alicia Lloreda, from Colombia, adds: “They are looking forward to becoming global, and they are headed that way; they realize that being American is not enough.” She believes that reaching out for Latin America is the plan to achieve better IP protection worldwide. “They want us to agree with their strategy but they also need us. We need to act and prove them to be right to include us in their strategic plan.” According to Mario, the Association needs to learn more about other regions and is willing to listen to foreign opinions. “Ideas tend to be as international as possible and are based in international issues.” Gerardo explains that issues discussed in the Association are of interest to all Latin
American professionals, for which we need to be updated and more importantly, “we should be part of discussed proposals.”
Gustavo Giay, de Argentina Was member of the Board of Directors of the Association (2013-2015), Co-Chair of the Latin America Global Advisory Council.
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Gerardo Muñoz, from Mexico. “I am involved in the organization of the Leadership Meeting Panama and I am also Chair of the Piracy Subcommittee in Latin America. During this event, Francisco, an excellent attorney and friend from Chile, will take over as Chair of this subcommittee. Mario Soerensen, from Brazil. “I began at the Non US Sub-Committee round tables. Afterwards, I took part in the ADR Committee, but given that Brazil had no ADR back then, I asked to be placed somewhere ese. I finally ended up in the Board of directors, which makes me very happy. I can see good results now, two Latin American Professionals in the Board. I am part of the leadership development and have been invited as mentor of the new Board, for the last three years.”
ACHILLES' HEEL
WE ARE CONNECTED
IN SPANISH
We could say the Association's weakness is to have yet a lot to learn about other regions' IP problems. In this scenario, Mario believes the Association's plan is to make all regions feel comfortable enough to ask for their help and work together to solve IP issues. “They are really interested to know what is going on in all regions. But they lack information and this can be detrimental for our region.” A very good example of this interest in Latin America is the fact that they chose Etienne as CEO, explains Alicia. “The Association has given a very important step proving their intentions. This is the first CEO to visit all Spanish-speaking countries. He is also very respectful and avid for knowledge.”
It is clear that, even when the Association has global thinking, they are not conquerors, but rather inclusive —says Mario— they have their original ideas and try to share and search for other partners for this ideas; therefore, they must remain open-minded.” Alicia agrees with Mario in the fact that they do not impose, on the contrary, they are respectful of diversity. “Their intention to become global and reach all regions —not just Latin America— is very clear nowadays. They are opening their minds and making great effort to include everyone. But for this, they need to know how to carry this inclusion out.” Jacobo believes that objectives ought to be respected, understood and discussed. “Once you have entered the Association you respect it, thus creating an explosion of mutual generosity and helping to achieve common welfare. This is what INTA wants.”
Gustavo would like to underline the fact that INTA is planning to open an office in Latin America in the short run. “By doing so, they expect to become a Latin American member” he explains. According to Gerardo, this is the proper platform for unifying IP problems in Latin America. “Yesterday we got to gather three Latin American industrial property icons: Angel Margay, Jose Londoño and Maximiliano Santa Cruz. This was very productive and several interesting issues could be discussed with no limitation whatsoever.” Alicia describes the Association as generous, respectful and open. “I believe the goal is to say to Latin American professionals: 'Look what we have already done in other countries, would you like us to approach your judges, IP agents and authorities to share our opinions on this matter and help?' The more you get
Alicia Lloreda
Jacobo Cohen 24
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Jacobo Cohen, from Argentina. “I am nominated for vice chair of the Link House Committee 2016 and 2017. I have great expectation. We have to take our Latin American voice further and stronger each time. I believe there is a lot to do and this is an interesting committee, different to all others.”
involved in the organization, the more you realize how open they are to everything” she explains. And adds: “You can see where all the money goes”. Gerardo insists and emphasizes the fact that Latin American professionals are in charge of shearing IP issues currently taking place in our region.
THE POWER OF EXECUTION If we talk about making our own way, we, Latin American people, need to learn how to share our work with the world. “In order to get the message through, we need to prove that we can do things right” says Iris. According to Gustavo, Latin American professionals have become sophisticated. “I believe the region benefits from this point of view; this means we have skilled professionals, who can achieve great leadership.”
“The important thing is —says Iris— to underline the fact that INTA is in debt with volunteers like us. This is a very enriching experience and we are working both for personal and professional development.” For Alicia, volunteering becomes pleasant. “You work along with bright people, who enjoy the same topics, who acknowledge to benefit from this kind of work”. Mario adds: “Pay attention to how many Latin American professionals have grown strong within INTA.” Gustavo believes that seeing them working gets the message through. “This seems to help much more than if you just go and say: 'in Latin America we are like this or like that.” In fact, Gerardo adds “Latin America has grown strong within the Association because of the presence of Latin American professionals in it. They used to have
the input of American and European attorneys and have lately acquired the Latin American attorney input. They have focused on the intervention we can have to help them broaden goals of the Association, and this is a good thing.” Daniela recalls how hard it was for the Association to listen to them: “Nowadays, if you decide to get to work and you can make yourself known, you can do it.” Jacob claims the Association to be open and generous. “They have given us our place” he says. According to Iris, excellence is the main objective. “The goal is that you do your best.”
COMPANIES ON TOP INTA has More than 138 years of experience working around the world, and though it has a large number of associated companies, there is still a long way to reach Latin American companies.
Mario Soerensen
Iris Quadrio, form Argentina “I was member of the Board of Directors at INTA (2006-2008) and was also member of the Executive Committee of the Board. Then, I was appointed Vice Chair of the Leadership Committee and member of the Nominating Committee. Afterwards, I was Vice Chair of the International Amicus and now I am Chair of the International Amicus Committee.”
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Gerardo Muñoz
According to Daniela, the Association understands that its members are all trademark owners, leaving Latin American companies behind. “They are trying EvENtos to approach Latin American companies and explain how they —and the Association— would benefit from their participation. There are big multimillionaire companies involved.” Iris explains that Latin American companies lack information regarding INTA's role. In fact, the Association plans to say: “Here I am, these are my services and you might just be interested.” Jacobo claims that representatives of companies are in charge of letting INTA know what is going on. “In MercadoLibre we feel we are socially responsible for letting INTA know what is going on in Latin America and use it as benchmark, just as it is happening in other regions” he says and adds: “In our particular case, this industry is badly regulated and there are a lot of IP problems. We should explain the situation in Latin American and try to take best practices” he explains. Gerardo says that part of their duties as representatives of the
region is to “shares IP problems with LEADERSHIP LESSONS other regions.” Mario explains that They are aware of the fact that there is a Jacobo's presence as legal representative lot of work to do to get to be a global of a company is an example of what has association, this is why they promote EL CóCtEL dE fErraIouLI LLC ya sE Ha vuEL been discussed regarding the long career leadership training all around the world. . y No fuE La Ex of companies such as MercadoLibre, According to Alicia, regional strategic eBay and Alibaba. “It was very difficult consists of getting to know Latin Ameriwithin the Association to understand that can professionals that are willing to take we were all in the same team. The idea of part in the committees and other managinviting attorneys who work in these ing jobs to encourage and organize them companies is bringing us all together to to achieve their goals. share discussions over problems in plat“I have learned how this organization forms: we are saying 'come and share invites people and then train them for your reality'”. leaders.” The Association shares its Alicia agrees: “Jacobo is a very useful main objectives and promotes leaderexample for Latin America, given that he ship training. There will certainly be a will use his experience with the INTA to lot of Latin American professionals help other companies understand how it willing to join. M works and how they would benefit from taking part.” To conclude some issues discussed in the table, Jacobo explains how everyone at MercadoLibre thought INTA took them for enemies, “this was never true, we were against piracy right from the beginning.”
Alicia Lloreda, from Colombia. “When I started in A.R. it was all very American, there were a lot of American attorneys and just 5 of us came from other countries. The committee leader was German, he said: “let's make a global issue committee out of our team” because we were all foreign. We worked so hard, that we all got to be Chairs. I was part of the board from 2009 to 2010 and was then invited to the Search Committee to choose the next CEO for INTA. We worked hard and inter viewed a lot of people before finding Etienne. This was a spectacular experience for me because all our opinions were taken into account, no matter our nationality. I then took part in the Leadership Committee, which is coming to an end. I currently am a program consultant.”
Daniela Rojas, form Venezuela. “I was Co-leader of the Interface Group, which is a subcommittee of the TradeMark Administrators Committee and also Co-leader of the TMA Mentoring Program Pilot Project, Vice-Chair of the Unreal Campaign Committee and member of the 2016 Annual Meeting Project Team. 34
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EVENTS // BIENNAL IBA LATIN AMERICAN REGIONAL FORUM CONFERENCE (LARF)
WITH ARMS WIDE OPEN
Enrique González (UBER, Mexico), Alexandra Del Debbio (Microsoft, Brazil), David Gutiérrez and Neftali Garro (BLP Abogados, Costa Rica)
MORE THAN 650 One of the most important features of the event organized by the Latin American Forum of the IBA was the number of attendees. This was the first time more than 650 people from all around the world attended this event, which is of course of great significance. “We had never had so many attendees” says Horacio Bernardo, the general secretary of the Association. “We are very happy for it” he said to Marcasur. This was a great opportunity to do business and enjoying Brazil. Leader
professionals from each country in the continent were at our disposal and willing to share good practices. “The IBA gives you the opportunity of sharing with recognized attorneys from all over the world” said Ramiro Moreno Baldivieso, form Bolivia, to Marcasur. When discussing the country's situation, the uncertain future of president Dilma Rousseff was the most controversial, along with traffic jams in Rio, which delayed meetings and made it difficult to get to conferences from different hotels.
ONE OF THE MOST IMPORTANT FEATURES OF THE EVENT ORGANIZED BY THE LATIN AMERICAN FORUM OF THE IBA WAS THE NUMBER OF ATTENDEES. THIS WAS THE FIRST TIME MORE THAN 650 PEOPLE FROM ALL AROUND THE WORLD ATTENDED THIS EVENT, WHICH IS OF COURSE OF GREAT SIGNIFICANCE. 38
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Estefanía Elicetche and Luana Narvaja (Peroni Sosa Tellechea Burt & Narvaja) Diego Herrera (Galindo, Arias & López, Panama), Percy Castle (Casahierro Abogados, Peru) andy Mariano Batalla (Batalla Salto Luna, Costa Rica).
Hosts. Ronaldo Veirano (Veirano Advogados, Brazil) and Alberto de Orleans e Bragança (Veirano Advogados, Brazil)
FLAWLESSLY Day one begun with the speech of Emerson Fittipaldi, who was Formula One World Champion twice. This was a very emotional speech, where the Brazilian pilot told everything about his origins and professional career. Afterwards, and for three other days, attorneys attended ten different simultaneous and continuous sessions with seventy speakers and with an innovative program full of legal information. During the opening of the academic program a Plenary Session was held with speakers Alessandra Del Debbio (Assistant General Counsel of Microsoft, Brazil), Enrique Gonzalez (Legal Director Latin America of UBER, Mexico) and Fabiana Regina Siviero (Legal Director of Google, Brazil), who discussed the challenges and opportunities for companies of the so-called 'new economy' undertaking business in the region and the Hosts from Brazilian law firm Trench Rossi e Watanabe Advogados, Mariana Pereira and Gabriela Fisher.
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IBA Founded in 1947, IBA is one of the most important global organizations of law professionals. It is composed of more than 80,000 lawyers and over 190 bar associations and professional societies across the globe. It participates in the development of international law, advocates for human rights and promotes the legal profession in all corners of the countries where it operates. It is grouped into two divisions: Legal Practice and Public and Professional Interest. The Committee of Lawyers Affairs , meanwhile, officiates as a forum for members of the legal profession associations and societies of law.
lack of legislation in setting forth the legal framework under which those business shall operate. The UBER attorney said to Marcasur that court systems are their priority. Microsoft's representative emphasized the expectations the company has on external council. During another session, speakers discussed dream teams and the everincreasing demand for higher quality, faster and better services from law firms, which can only be delivered by a team of professionals. How do we put together dream teams? Which is the role of diversity in the creation of these teams? Were some of the questions discussed. All in all, there is no recipe. Even when there is no sure path to success, law firms which work along with experienced, as well as young attorneys, both male and female, have the grater chances. Another features to take into account is to offer growth
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Vanessa Oqueli (García Bodán, Honduras), Enrique Möller (Integra Möller Legal, Guatemala) and Ana Trigas (Latin Counsel, Spain)
Argentine Jimena Vega Olmos (Pérez Alati, Grondona, Benites, Arntsen & Martínez de Hoz (h), Argentina) and Spaniard Ruben Ferrer (Gómez, Acembo y Pombo, USA)
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Ready to go. From left to right: Eric D. Kuhn (Becker, Glynn, Muffly, Chassin & Hosinski, USA), Ramiro Moreno Baldivieso (Moreno Baldivieso, Bolivia), Luis Fernando Moreno (Moreno Baldivieso, Bolivia), Leonardo Melos and Jonas Bergstein (Bergstein Abogados, Uruguay) and AndrĂŠs Moreno (Moreno Baldivieso, Bolivia).
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opportunities and speaking different languages. “The last panel was very important for attendees” said co-chair Ronaldo Veirano. The three most important tips to any managing partner were drawn from the real working lives of general counsels of Multilatinas and of other multinational companies. “We gathered five legal directors from three foreign companies working in Brazil and two from Brazilian companies, who shared very interesting information regarding what is expected from legal advisors” added Veirano. Participants were: Fernando Calia (Vice-President Legal and Government Affairs Brazil and South Cone, PepsiCo), Magda Kiehl (General Counsel, Compliance and Risks South America, Accor), Leila Melo (General Counsel, Itau Unibanco) and Roberto Paes (General Counsel Americas, TetraPak, Vale). To sum up, they enlightened participants as to the biggest challenges they face, how law firms have been successful in supporting them —and how they have failed, and what kind of services they are still searching for in the marketplace.
Gentlemen. Arturo Alessandri (Alessandri Attorneys at Law, Chile), Daniel del Rio (Basham Abogados, Mexico), Fernando Peleaz Pier (Hoet Peleaz Duque, Venezuela), and and two colleagues.
MEANTIME Afterwards, attendees gathered at the Brazilian Jockey Club for the welcoming reception organized by the host committee. Among drinks and laughter, there was also a moment for bossa nova during this spectacular evening. They say party last longer in Brazil and Brazilian carnival was also invited to Villa Riso. We should not forget that this is one of the countries with more musical genres. There were drums, typical Brazilian drinks, streamers and all sorts of costumes. “We are proud to say that professionals had such a successful conference and enjoyed their time in Rio”, said Ronaldo Veirano. Social agenda was carefully planned. Samba!
Ricardo Veirano (Veirano Advogados, Brazil) welcoming reception host.
STARTING POINT Opportunities ought to be seized; the Latin American Forum was brought to life by group of Latin American professionals within the organization. It covers all Latin American countries, as well as Mexico, Puerto Rico and other Spanish Young promises. Gabriel Pittaluga (Pittaluga Abogados, Uruguay), Tomas Kubick (Guerrero Olivos, Chile) and Paulo Lara (Tess Advogados, Brazil). 33
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speaking countries in the Caribbean. This group focuses on all activities in the region and organizes IBA congress sessions. This has been fundamental for consolidating Latin American perspective. Recognized Chilean attorney, Jaime Carey, former president of the Latin American IBA Section, Co-Chair of the Corporate Section and current member of the Management Board and the Legal Practice Division, told Marcasur about the beginning of this forum. First meetings were held in Hong Kong in 1990, with six professionals. Along came lunches on Tuesdays during the Annual Conference. “We went from twelve to 15, 20, 100, 200, 500 and today we are 650” he said. What American attorneys find most interesting is the unique spirit of Latin American attorneys. “Even if we are competitive, we are more friendly than competitive and this creates a relaxed environment that encourages useful networking among attorneys. Truth is, IBA envies us. We used to be called procrastinators, they said we could not deal with deadlines. With the Latin American Regional Forum, we have become reliable and have changed the IBA's opinion and attorneys from all around the world now see Latin American professionals differently. This makes me very proud” he claims. M
Brazilian.
Isabel Laventure (Ferrere, Uruguay), Fátima de Romaña (Lazo, de Romaña & Gagliuffi, Peru) and Verónica Raffo (Ferrere, Uruguay).
Banking and financial markets in LATAM 34
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EVENTS
A HAPPY ISLAND THE “SEMINAR ON ANTI-COUNTERFEITING” of the Inter-American association of Intellectual Property (ASIPI) was held in Aruba, the small Caribbean island with approximately 100,000 inhabitants which welcomed authorities, professionals and businessmen on March 13-15. The Administrative Council was held on Sunday 13th, where new members of the Executive Committee of ASIPI for 20152016 period reported on what has been done during the first trimester of the new president's, Maria del Pilar Troncoso, administration. Then, the Working Committee and the welcoming cocktail took place. The academic activity, which covered almost every aspect related to counterfeiting, started on Monday 14th. “High Risk for Human Life: Drug Counterfeiting” was the opening panel, with Wayne Roberts, from Pfizer Inc. pharmaceuticals, as one of its guests, who explained that commercialization of counterfeited drugs has grown 90% during the last five years.
ASIPI STARTED THE YEAR IN EXQUISITE ARUBA, WELCOMING PROFESSIONALS FROM THROUGHOUT THE REGION WITH A BUSY AGENDA ON COUNTERFEITING. 54
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Other panels on Monday were “Sneaky criminals: Counterfeiting through the web, notice and take down” with Rocio Martinez Houssay, from MercadoLibre; “It is not what it seems: Counterfeiting of Garments and Accessories” with Neil Narriman in charge, from Puma (Germany). “What is being done globally? International Efforts to Combat Counterfeiting” was the last panel of the day, which described efforts carried out by States, international organizations, rights holders and consumers' associations to fight counterfeiting. Irina Terra (ECV & Asociados, Venezuela), Fabrizio Módica (Bareiro Módica, Paraguay), Lorena Mersan (Mersan Abogados, Paraguay) and Roberto Ríos (Hoglund & Pamias, Puerto Rico)
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Lorenzo Litta (Societa Italiana Brevetti, Italy) and Elisabeth Siemsen (Dannemann, Siemsen, Brazil) Diego Cervieri (Cervieri Monsuárez, Uruguay) and Juan Bertón Moreno (Berton Moreno & Asociados, Argentina)
Monique Ferrer (Alfaro, Ferrer & Ramírez, Panama), Joana de Mattos Siqueira (Montaury, Pimenta, Machado & Vieira de Mello, Brazil) and Victoria Fox (Fox & Lapenne, Uruguay)
Paulo Parente (Di Blasi, Parente & Advogados, Brazil), Francisco Pérez (Pérez Bustamante & Ponce, Ecuador) David Logan (Venjuris PC , USA) 38
Matías Noetinger (Noetinger & Armando, Argentina), Morena Zavaleta (Arias & Muñoz, El Salvador) and Rafael Ortín (Márquez, Márquez, Ortín & Valedón, Venezuela)
Jaqueline Querciola and Federico Huttemann from Berkemeyer Attorney & Counselors, Paraguay www.marcasur.com
On Tuesday 15th: “How to prove Counterfeit? Research Techniques and Generating Evidence on Counterfeit”, “Common problems facing the Court in cases of counterfeiting”, “Consumers in Danger: Counterfeiting Consumer Products” and “Kidnapping of Trademarks on the Internet: Cybersquatting”. Closing carnival has held at the beach of the Hilton Aruba Caribbean Resort & Casino, to enjoy the Bacchanal, the Aruba carnival, one of the most important celebrations in the island.
I Love Aruba, Victoria Fox (Fox & Lapenne, Uruguay), Monique Ferrer (Alfaro, Ferrer & Ramírez, Panama), Lorena Mersan (Mersan Abogados, Paraguay), Joana de Mattos Siqueira (Montaury, Pimenta, Machado & Vieira de Mello, Brazil), Jacqueline Moreau (Moreau, González & Asociados, Venezuela), Laisha Mubarak (Philippi, Prietocarrizosa & Uría, Peru) and Irina Terra (ECV & Asociados, Venezuela)
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EVENTS // 5th INTERNATIONAL AMPPI MEETING, MEXICO
GUADALAJARA, GUADALAJARA,
YOU HAVE IP SOUL The 5th International AMPPI Meeting was held during March 2-4 in Guadalajara, Jalisco, with approximately 120 attendees. The Board of Directors of the Mexican Intellectual Property Association has created this event in order to help Mexico become the ideal forum to welcome society: public servants, non-governmental associations, intellectuals, researchers, professors, representatives of academic institutions and IP specialists, in order to discuss current IP issues in depth. Representatives of different IP authorities in Mexico, such as TFJFA, IMPI, INDAUTOR, SNICS, were present. Dr. Arturo Ancona Garcia Lopez, head of the special unit of investigation against IP crimes (UEIDDAPI) – PGR, was in charge of the welcome speech. Keynote speaker was Manuel Herrera Vega, President of CONCAMIN. Seven panels during this seminar analyzed important issues such as: 3D printing (legal 40
Martín Pereyra (Chair / Patent Committee), Israel Ledesma (Coordinator / TIC Committee), Juan Carlos Hernández (Coordinator / Trademarks Committee), Octavio Espejo (Coordinator / Patents Committee), Juan Carlos Amaro (Coordinator / Litigious Afairs Committee), Ernesto Meade (Coordinator / Interdisciplinary Affairs Committee), Eugenio Pérez (Coordinator / Education and Promotion Commission), Fernando Robles-Pesqueira (Coordinator / Occident Committee), Carlos Trujillo (Coordinator / Copyright and Related Rights Committee) and Rafael González (Chair / Trademarks Committee). Roberto Durán (Chair / Occident Committee), Fernando Becerril (Treasurer / AMPPI), Eryck Castillo (Working Committees Coordinator / AMPPI), Vianey Romo de Vivar (AMPPI Commissions Coordinator), Bernardo Herrerías (Chair / AMPPI), Miguel Ángel Ortiz (Coordinator / Editorial Committee), Martín Michaus (Secretary / AMPPI), Daniel Sánchez (Vicepresidente Nacional / AMPPI) and Humberto López (International Vicepresident / AMPPI).
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and technical features); IP in sports and entertainment industries; the so called ambush marketing; copyright protection on apps and audiovisual works; amendment to the telecommunications law (articles 189 and 190) and global update on PPH. All these in charge of specialists from Brazil, Canada, USA, Italy and Mexico. Closing speech was in charge of the director general of the National Chamber of the Tequila Industry. Closing remarks were in charge of Bernardo Herrerias, AMPPI President, who thanked attendees for their presence and announced the 6th International Congress in March 2017. Representatives of working committees were congratulated on their hard work, enthusiasm, time and dedication put into organizing such an academic program. The organization is committed to continue this academic project which will soon turn into a regional reference in the area. M
Octavio Espejo (Coordinator / Patent Working Committee), Jesús J. Hernández (USPTO) and Elaine Heller (CIPO)
J. Todd Revers (Regional Intellectual Property Rights Attaché for Mexico, Central America and the Caribbean), Carlos Trujillo (Coordinator / Copyright and Related Rights Working Committee), Rosalba Elizalde (Chair / Copyright and Related Rights Working Committee), Paolo Lanteri (OMPI) and Marco A. Morales (INDAUTOR)
Arturo Ancona García López (UEIDDAPI-PGR), Eryck Castillo (AMPPI), Mario Alberto Orozco Abundis (UDEG), Ángel Zamarripa (SNIS-Jalisco), Bernardo Herrerías (Presidente AMPPI), Alfredo Rendón (IMPI), Magistrado Jiménez Illescas (TFJFA) ad Gloria G. Isla del Campo (AMPPI) 41
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INTERVIEW // PILAR TRONCOSO
FIRST
LADY
AT THE AGE OF FIFTY-THREE, PILAR TRONCOSO IS THE FIRST FEMALE PRESIDENT OF THE 51-YEAR-OLD INTER AMERICAN ASSOCIATION OF INTELLECTUAL PROPERTY (ASIPI).
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THE MICROCHIP She carries passion for law in her blood. Her great grandfather and grandfather incorporated the first law firm in the Dominican Republic to specialize in Intellectual Property. Her father is also a lawyer and initiated his career in the IP area. Her brother is also a lawyer. “I have no doubt that this is my passion. I have always been interested in defending causes in which I believe and solving other people's problems” she said to Marcasur. She worked at Troncoso y Caceres, but in 2015, her father and brother invited her to create the family firm. This was how Pilar started managing Troncoso Leroux. “I have been interested in IP from the very beginning, this resulted in a continuous and deep study of the area.” Professor, essay writer, lecturer, commercial delegate of her country in USA and former president of the Dominican Association of Intellectual Property (ADOPI). “Finding equilibrium in my daily life to pay enough attention to all tasks is a big challenge” she says.
YING AND YANG Pilar assures that becoming the first woman to be president of ASIPI was not her goal. However, women's work in the Association is very important. “ASIPI currently has a great number of women with great qualities and professional potential, who actively participate in benefit of the Association.” Taking her speech into account, being president of ASIPI is a great achievement. “I attended my first event in 1999.
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“ASIPI CURRENTLY HAS A GREAT NUMBER OF WOMEN WITH GREAT QUALITIES AND PROFESSIONAL POTENTIAL, WHO ACTIVELY PARTICIPATE IN BENEFIT OF THE ASSOCIATION.”
In 2004 I had the opportunity, along with other colleagues, to coordinate the first work sessions to be held in the Dominican Republic and have been involved in the Association ever since.” When it came to decide whether to take the job or not, she first consulted with her children and her brother. “I had my doubts but I received great support from Dominican colleagues.” She recalls that several people approached her and said she should go for it; she should become the first woman to take this responsibility. “I honestly never thought of taking this job just to be the first woman to do so. I believe every professional achieves or assumes roles based on his or her performance, regardless of genre.” The Association has provided her the opportunity to develop professionally and has allowed her to go deeper into intellectual property matters from a different point of view. “This is a job I carry out with great satisfaction. It is a challenge to find equilibrium between ASIPI, the law firm, family and personal life.”
DEFINITIONS “ASIPI is an association that works for and because of its associates” says Pilar. Average age of associates is between 38 and 45 years old and around 36% of membership consists of women. Decisions are taken focusing on bringing associates closer to the Association, on encouraging active participation and increasing interest for the Association's goals. “I believe we are a team, working together to reach the same goal: a better and proper intellectual property system that benefits all countries. ASIPI cannot achieve its goals if not working together with associates.”
ON THE RIGHT TRACK The main goal is that the Association remains as IP regional referent. She is interested in supporting governmental authorities with recommendations regarding IP matters, as well as continuing ASIPIEDUCA, focused on children and young people, and ASIPIEMPRENDE, focused on entrepreneurs.
“FINDING EQUILIBRIUM IN MY DAILY LIFE TO PAY ENOUGH ATTENTION TO ALL TASKS IS A BIG CHALLENGE.”
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“I ALSO INTEND TO WORK ALONG WITH THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) AND OTHER ASSOCIATIONS LIKE OURS” I AM Her hobbies: reading and exercising. George (28); Daniel (26); and David (20) are her three sons. She starts her day at 9 am. She first checks her emails, organizes her daily work, giving preference to pending tasks. She usually works on ASIPI matters or on her law firm in the morning. “My day is full of meetings, consultations, phone conferences, emails and lots of other things. It's a never-ending challenge and I always try to find balance between both jobs” she explains. Generally, her activities end at 7.30 or 8.3 pm.
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Regarding the Association itself, she looks forward to bringing associates closer to the association, so that they can benefit more from ASIPI and at the same time contribute to its development. “I also intend to work along with the World Intellectual Property Organization (WIPO) and other associations like ours, continuing al our projects, as well as creating new ones” she claims.
THE WAY IT IS When it comes to weaknesses, Pilar understands that the Association has been said to be more focused on social events rather than academic events. “This confusion has a cultural background and has disappeared with time, due to everyone's work” she explains. “Latin America is a touristic destiny for a lot of countries and its population's
idiosyncrasy is joyful. Truth is that the Association has always been keen on providing good academic programs and inviting great panelists.” The current Association's solid structure has allowed it to face modern challenges, becoming stronger and bringing its voice forward as representative of Intellectual Property in the region. “It also has a numerous membership that comes from all continents, with great professional and academic background. Moreover, working within the association has allowed them to become friends.”
FERTIL SOIL The number of benefits the Association provides to associates is big. According to Pilar, this organization gave her the opportunity to develop professionally.
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“I was able to learn more about IP from different points of view and relate to other attorneys, authorities and other individuals related to the IP area. The Association has allowed me to understand IP not only from the professional practice point of view, but also in terms of right protection. It has also helped me understand how developing countries can benefit from it� she concludes. M
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COLUMN
Intelligence rules
Business intelligence, competitive intelligence and marketing intelligence in law firms.
We live in a time when information is the key. Companies do not spend over a week without using business intelligence to improve their decision making process. But when it comes to the legal area, big data and analytic information are not as necessary nor important as in other areas. Truth is that if your law firm is not making use of business intelligence, then you are missing out the opportunity to improve your firm's results. When we refer to Business Intelligence, we are talking about a set of tools that help you understand your business. Software is used to understand the behavior of clients. Sales tendencies, valuable niches, client leak, market sector profitability, is the kind of information business intelligence quickly provides you with. Usually, software solutions
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are the base for this kind of work and requires internal data analysis. Business intelligence combines with competitive and marketing intelligence, which are both external processes. Competitive intelligence is in charge of gathering and analyzing information regarding the activities of competitors within our market, to help achieving goals set by the company. This allows us to learn about commercial, financial, organizing and other features and activities of our competitors. Marketing intelligence analyzes information regarding current and potential target markets. Applied to intellectual property, this means using business intelligence and analyzed information to answer some question: Which have been our best clients during the past few years?
Which are our most profitable clients? Which are our most demanded services? Which are our most profitable services? How many clients have we lost and gained during the last year? How many of our clients have requested our services just once and which repeatedly request for them? How many prospects did we have last year? How many of them actually hired the service? Clearly these are just some examples of the sort of information we can get from accounting systems and databases. We can, of course, answer these questions for competitive intelligence purposes, for which case we need to
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INFORMATION GATHERED SYSTEMATICALLY IS USEFUL FOR BUSINESS AND MARKETING PLANS BASED ON NUMBERS AND REALITY, RATHER THAN IN PRESUMPTIONS. research and gather information on competition. In the intellectual property area, this information is very easily obtained from public records (trademark and patent offices). Competitors' financial and organizational information is no so easily obtained. We can answer, for example, the following questions: Which law firms have registered more trademarks and patents in our country? How has this number increased / decreased during the past few years? How is our firm ranked in the trademark and patent registration ranking? Where do the competitors' clients come from? (whether they are regional
are regional, national or from other regions and which) Finally, for marketing research we need other information such as: Which countries are the most prolific patent and trademark applicants in our country? Which companies were the most prolific patent applicants in our country during last year and where do they come from? Who manages these companies? The purpose of getting all this information is to improve the decision making process. This will allow us to learn about tendencies in our filed; it will encourage the company's development.
Information gathered systematically is useful for business and marketing plans based on numbers and reality, rather than in presumptions. Great part of this information can be obtained with alreadyexisting systems within law firms, but luckily enough, there is an increasing number of companies that sell sophisticated systems, as well as information regarding competition and the market.
Maria Victoria Pereira is a legal marketing and business development consultant, who specializes in Intellectual Property firms. Her e-mail: victoria@pereiramarketing.com. Go to www.pereiramarketing.com for further information.
ATTORNEYS IN THEIR FREE TIME
BEHIND THE LAWYER WE INTERVIEWED JULIAN VADILLO, FROM MEXICO, AND JOSEPH MORALES, FROM COLOMBIA, TO LEARN ABOUT THEIR HOBBIES.
Julian Vadillo, from Mexico, is 46 years old. Attorney, IP Director at Agency Firma and farmer, according to what he told Marcasur. In 2010, a god friend of his invited him to become industrial partner of two recently created mescal trademarks, Marcanegra and Meteoro, in the state of Oaxaca. “I accepted mainly for investment purposes, curiosity and fun.” 48
He was called two years later from Zapotitlan de Vadillo (south Jalisco), his grandfather's hometown, to advise a group of local producers on the promotion and protection of tuxca, mescal from south Jalisco. “That was when I became seriously involved in agriculture and the agave distillation industry. We immediately created Productores de Mezcal de Jalisco AC and Tuxca Tradicional del
Sur de Jalisco SPR with a total number of 50 people, mainly producers and farmers, creating Tuxca Tradicional, agave distillation collective trademark.” During that time, some relatives from Zapotitlan convinced him to incorporate his own tuxca producing company; this was when Destilados Vadillo-Nava SPR was born, along with Tuxca Insecto and recently created Casa Perempitz trademarks. Regarding Oaxaca mescal, he only takes part in the promotion and right protection areas. I occasionally taste the www.marcasur.com
product” he says smiling. He also takes part in different associations he helped creating. In addition to this, he is chair of the Destilads Vadillo-Nava SPR Board, though he does not take part in the operation. “I helped creating and designing our trademarks and I also promote them, but my associates and relatives are in charge of production and sales.” To sum up, these are the steps for mescal production: “Production is artisanal and ancestral. Agave is cooked in underground earthen pit, lined with volcanic rocks; once cooked, the crushing process on volcanic rock. Then comes the natural fermentation process in volcanic rock pits with no chemical additives and is distillated twice (Filipino style). You should kiss mescal, rather than have a shot.” This has been a fulfilling experience. “It has helped me understand clients and their needs more clearly, from a different stand point; with the same respect but leaving taboos and inferiority complexes behind.” He has learned a lot and had a lot of fun as well. The hardest part was earning the trust of producers and farmers in the area. www.marcasur.com
“The Mexican farmer has been exploited and beaten up for years and south Jalisco is no exception.” What he enjoys the most: “Watching this baby grow.” He plans to continue this activity in the future. “No hurry and no personal ambition. I do not plan to stop my practice for my hobby, for it would lose its charm.” Joseph Morales, from Colombia, is 43 years old and during the week, when not at The Morales Law Firm, you might just find him flying. “I love to fly. There are few other activities that can be compared with flying through the skies watching the world beneath your wings, at peace and in silence” he explains. He became interested in aviation when he was just 8 years old. “I lived in Bogota back then, near the airport, and I remember seeing airplanes landing and taking off.” In 1993, he enrolled in the USA force with the intention of eventually enter the aviation school; he did not have the money to take private flying lessons. He was a parachutist and mechanic for three years in North Carolina. He went to university and continued the
the national guard in the state of Maryland. “I finally got the chance of going to the aviation school for flying helicopters after becoming officer.” He flayed the Jet Ranger, the OH-58 and the UH-60 Blackhawk. For UH-60 Blackhawk I was part of the air ambulance unit.” Once he left the army, he renewed his license flying the Robinson R-22 helicopter and has been studying for getting additional license for flying planes. The hardest part: “learning how to use limbs separately to maintain the helicopter in a static position one-meterhigh from the ground”. What he enjoys the most: “The way you feel when seeing things from above and having total control over what you can do in the air.” His best flights were in Colorado, around the mountains and landing in the highest airfield in the USA, Lake County Airport (Leadville, Colorado), located 9934 ft. high. Future of this activity? “I am currently completing my pilot certification for flying planes and in the next few months, I will be starting my navigation certification under instrument flight rules.” M 49
MARCASURTRAVELLING BEING INVITED TO A WEDDING WAS THE PERFECT EXCUSE FOR TAKING OFF TO SUCH A DESIRED DESTINY: TUSCANY
Capalbio, a village near Monte Argentario, was our final destiny, where the wedding awaited us. Tuscany, with its medieval and renaissance spirit, was the way. One Sunday we left Rome by car, we would arrive at a different place each day, each one of which was carefully selected taking location and status into account. Therefore, we enjoyed a different village each day. Architecture, art, landscapes, gastronomy and wines combined with neverending walks. Wavy green landscapes with olives and vineyards; we fell in love with patios and balconies full of colorful flowers. Each village had its magic. Some located high in the mountains and others in the middle of the road. Little roads and alleys, small churches and giant villas, squares, wall and bell towers. We present you with the itinerary of a warm, relaxed, cultural and historical journey.
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UNDER THE TUSCAN SUN www.marcasur.com
MONTEPLUCIANO A medieval wonder, with great landscapes, it takes you all the way up the main street, where you reach the Piazza Grande, the Duomo and the communal palazzo. Small wine cellars down the road, offering wine, cheese and prosciutto, to buy or just enjoy the walk. We had lunch at the very well-known Poliziano cafĂŠ, on a hanging balcony surrounded by red geraniums.
MONTALCINO Famous for its castle, basilisk, and most importantly, for its wines (not to mention the Brunello di Montalcino. Ideal place for tasting and buying wines.
SAN GIMIGNIANO Another wonder from the Middle Ages. We had lunch at the Piazza del Duomo, admiring the overwhelming but simple cathedral. The historical center was declared heritage of humanity by UNESCO in 1990.
PIENZA Its historical center has also been declared heritage of humanity by UNESCO in 1996. www.marcasur.com
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SIENA Wow! Arriving to Siena at sunset, walking down Piazza del Campo, el Campidoglio, the great cathedral, getting lost in those narrow streets‌ The Middle Ages in the year 2016. A dream. The perfect place for eating at any of its hidden and elegant restaurants, or at the noisy square, where young people gather. If the night was great, what can I say about the morning? We stayed at Certosa di Maggiano, ancient monastery just two kilometers away from town. To wake up with silence, a delicious breakfast, all fatto in casa, under a pergola full of roses. Just perfect. An epic place with galleries, bell towers and patios, very classy.
FIRENZE We chose the Hotel Villa Cora, just ten minutes away from busy Florence. This village, typical Medici style, has been recently remodeled and dazzles with luxury and lunches by the swimming pool, surrounded by gardens, terraces and fountains. Round five o'clock in the afternoon, we were at the Ponte Vecchio, standing in the middle of this magical city, called Florence, which takes your breath away. The magnificent Duomo and the 52
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Piazza della Signoria, must stops. Streets with uncountable monuments are everlasting museums, but we should mention Palacio Pitti and the Galleria degli Uffizi. Another museum, but for taste, are restaurants. Busy and informal, mixed with fashion and design. Dinner by the Arno river, unbeatable.
VILLA MANGIACANE It is hard to say goodbye to Florence! But Chianti Valley awaited 18 kilometers away, so did Villa Mangiacane. Originally owned by the Machiavello family, the villa over fulfilled expectations as one of the most spectacular places in Toscany. It is impossible to be disappointed when passing through the iron gates and discovering it surrounded by cypresses. Today's comfort combined with the XV century: the entire setting, the incredible salons, amazing terraces staring at Firenze, olives and vineyards, the original swimming pool, original and untouched. After taking a swim and having lunch, we went around the Chianti, visiting every villa, garden and small village we came across. Dining in the small dining room, watching the garden, with candles and a delicious Mangiacane wine www.marcasur.com
from the hotel's own winery! What a pleasure! Breakfast at the full of flowers patio, another delight.
L'ANDANA We took off to La Maremma. Destiny: hotel L'Andana. There is a place near the Tyrrhenian Sea, in Castiglione della Pescaia, opposite to Elba island, a place you never want to leave. Formerly owned by Duke Leopoldo, this is currently a villa resort, owned by Alain Ducasse. The old adapted to modern top design, along with great stairways, olives, vineyards and paths that take you to the super resto.
MUSTS Pisa Lucca Piensa Cortona For sea lovers: Porto Ercole & Porto Santo Stefano
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Breakfast among leafy trees, was an unforgettable experience.
longer than expected because you have to be careful and no destiny is too close.
CAPALBIO
WHERE TO SLEEP
We finally got to Capalbio, an amazing little village, high up in the mountain. The wedding was movie-like; going up the hill towards the church and coming down to the sea, for a party at the beach.
There are all sorts of inns, villas and hotels, all with Tuscan style, with homemade products and varied prices according to location and service. Sleeping in town is the typical option, but complicated when driving a car. M
HOW TO ORGANIZE - Staying in just one place, going out and returning every day - Go for tow destinies and visit the nearest places - Changing villas every day
ROUTES Sometimes they are good, sometimes they are bad, they go up and down, with curves and bad sign posting. Always with beautiful landscapes, they take
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