FIRST LATIN AMERICAN INTELLECTUAL PROPERTY MAGAZINE / Nยบ 64 JANUARY-MARCH 2017
MAGAZINE
Global Trademarks With Local Strategies Business Rounds Have Begun!
Latinstatistics: Brazil, Leader Of The Region
THIS EDITION IS SUPPORTED BY:
CONTENT 4.
Content
6.
Editorial And Staff
10.
Latinstatistics. Brazil: Leader of the region
16.
Marcasur Reports
20.
Main Article: Big brands go “glocal”
27.
ESPN Gains New Contracts in Latin America.
34.
Hand in Hand With Legislators. Interview / Maria Carmen Brito, President of ABPI
36.
Business Rounds in Buenos Aires
40.
Event. Berton Moreno & Asociados Cocktail
42.
Marcasur Excellence Awards
46.
ASIPI in Buenos Aires
52.
Event. Villaseca law firm celebrates its 100 years
54.
Attorneys in their free time. Guillermo Villaroel, Silva & Compañía.
ESPN Gains New Contracts in Latin America.
55.
Attorneys in their free time. Martín Pittaluga, Pittaluga Abogados.
Interview / Federico Vibes ESPN Legal Director
56.
Travelling. Puerto Rico, enchanted island.
20
Main Article: Big Brands Go “Glocal”
27 s
46
Errata sheet Our article “Marcasur Excellence Awards 2016” included in our previous issue, confused the careers of Dr. Arturo Alessandri Besa and Dr. Peter Drik Siemsen with their sons', who are also attorneys. We apologize and regret any inconvenient we may have caused with this mistake.
ASIPI in Buenos Aires
4
www.marcasur.com
staff Editor and Director: Juan Pittaluga juan@marcasur.com Editorial coordinator: Fabiana Culshaw fculshaw@marcasur.com Writers: Juan Francisco Pittaluga francisco@marcasur.com Wina Arambule warambule@marcasur.com Habitual contributors: Daniel Lamas dlamas@lamasgrimaldi.com.uy Teresa Pereira tere@marcasur.com Victoria Pereira victoria@pereiramarketing.com Ricardo E. Antequera Ricardoenrique@antequera.com.ve Commercial Department: Mei-lin Che mche@marcasur.com Social media manager: Cintia Ferreiro cferreiro@marcasur.com New content manager: Karina González kgonzalez@marcasur.com Communications: Claudia Azambulla czambulla@marcasur.com Natalia Domingo ndomingo@marcasur.com Graphic design: LP / arte visual Correction: Alejandro Coto Printing: Gráfica Mosca
MARCASUR Number 64 2017 Cont. Echevarriarza 3535 A, 1501 CP 11300 Montevideo, Uruguay Tel: (598) 2628 4604 Fax: (598) 2623 2957 info@marcasur.com
Quarterly edited by Editorial MS S.R.L.
EDITORIAL The main article of this new issue includes a review on glocal companies, which pursue equilibrium between the global and local promotion of their brands. This is a very interesting topic which –leaving legal implications behind– helps readers and legal marketing professionals to better understand advertising campaigns. The ASIPI XIX Work Sessions and Administrative Council took palce in Buenos Aires, in December. Once again, Marcasur had a stand at this event. We include –in this magazine, on our website and social networks, as well as in our app gallery– everything that happened during this event. Likewise, and in commemoration of our twentieth anniversary, we launched our Marcasur app for iPhone and Android, so our readers can receive updated information in a more efficient way. In the framework of the ASIPI sessions, Marcasur held its small but emotional awarding ceremony. Gold, Silver and Bronze awards –as well as diplomas for nominees– were presented in our stand. We are pleased to have awarded professionals who were chosen by their own colleagues. Finally, we would like to mention the first Business Rounds organized by Marcasur, which took place at the Madero Hotel in Buenos Aires, December 2016. “Towards new businesses” was the topic discussed among thirty different leading law firms of the region. Expectations were met and we are already organizing the next business rounds to be held in May, in Barcelona. This issue also includes: Latinstatistics, interviews with Federico Vibes, legal director of ESPN and Maria Carmen Souza Brito, president of ABPI, among other contents. Until next time. M
ISSN 1688-2121 D.L. 354.155 Comisión del Papel. Publication protected by Decree 218/96
Juan Antonio Pittaluga Founder and Editor of 6
MARCASUR
www.marcasur.com
Latinestatistics
BRAZIL
Leader of the region THE MOST RELEVANT PIECE OF INFORMATION REGARDING THIS COUNTRY IS THAT UNIVERSITIES HAVE EXPANDED THEIR RESEARCH AND DEVELOPMENT AREAS.
Latinstatistics dedicates its first 2017 analysis to Brazil, which is the country with the greater number of trademark and patent applications filed in the region. This is mainly due to its geographical extension, but also to its intense business dynamic, which continuously pursues positioning and profitability. According to the National Institute of Industrial Property (INPI), production values of
www.marcasur.com
small businesses in Brazil (8.9 million micro and small businesses) went from 144 billion to 599 billion reals during the last ten years, hence the importance of public and private development programs for Brazilian startups. The main Brazilian universities focus on research and development of services and products with both public and private support. Alliances are in vogue.
10
TABLE 1. MONTHLY PATENT APPLICATIONS 2013-2016 JANUARY ENERO
FEBRUARY MARCH FEBRERO MARZO
ABRIL APRIL
MAYO MAY
JUNIO JUNE
AUGUST AGOSTO
JULY JULIO
SEP. SEPT.
OCT.
NOV.
DIC.
TOTAL
2013
10845
10435
13216
15103
13328
14008
14368
15518
14766
16714
12964
12157
163422
2014
10840
12271
11674
12479
13384
12016
14318
13733
15538
15442
12663
12658
157016
2015
10284
10637
14002
12597
12569
14227
15273
14854
14265
13838
13620
12543
158709
2016
10746
11626
15466
12498
14081
15564
14923
15511
14522
14063
S/D
S/D
S/D
Source: National Institute of Industrial Technology (INTI) Note: N/D: no statistical data
Trademarks According to information provided by the INTI (National Institute of Industrial Technology), Brazil has received 139,000 filings between January and October, 2016; this figure is similar to the one obtained in 2015 during the same period. It seems like Brazil will close the year with approximately 160,000 applications. By the time this new Latinstatistcs publication was finished, the INTI had not yet revealed figures corresponding to November and December, 2016. Just as in previous years, most applications (82%) were filed by residents. Half of these applications (filed by residents) were issued by micro and small businessmen, while almost a third part of such applications were filed by medium and big companies and only 18% were issued by individuals. Usually, foreign companies to issue patent applications in Brazil are from the USA, Germany and France.
TABLE 2. PATENT APPLICATIONS FILED BY RESIDENTS AND NON-ESIDENTS (2001-2015) Year
Residents
2001
84643
16972
2002
80782
13529
2003
81832
13748
2004
80169
13871
2005
83099
16219
2006
77645
18197
2007
83944
20275
2008
99570
22342
2009
94361
18450
2010
104168
23524
2011
122671
30028
2012
120530
31181
2013
132330
31092
2014
127925
29091
2015
130720
27989
Non-residents
Source: World Intellectual Property Organization (WIPO) Applications filed abroad are not included in this table.
11
www.marcasur.com
Patents
TABLE 3. WORLD LEADERS IN PATENT APPLICATIONS. 1ST TO 5TH PLACE
Brazil is one of the world leaders in patent applications, after China, the USA, Japan, Korea, European countries (registered in the EPO –European Patent Office), Germany, India, Russia and Canada. Most of applications filed in all of these countries are issued by non-residents, except for China, Germany and Russia, where residents are majority (see table 3). According to the National Institute of Industrial Technology (INTI), Brazil registered 25,504 patent applications filed from January to October, 2016; this figure is similar to the one obtained in 2015 during the same period. Information regarding November and December has not yet been revealed, for which it is likely that 2016 ends with approximately 33,000 patents (see table 4). According to the National Association of Research and Development of Innovative Companies (ANPAI), 84% of patent applications filed in Brazil during 2015 were issued by non-residents (25,578), while 4,641 were issued by residents. The main countries that issue patent applications in Brazil are: USA (by far), Germany, Japan and France.
TABLE 4. MONTHLY PATENT APPLICATIONS (2013-2016) JAN
FEB
MAR
APRIL
MAY
JUNE
JULY
AUGUST SEPT.
OCT.
NOV.
DIC.
TOTAL
2013
2502
2519
2746
3050
2789
3352
2661
2745
2968
2883
2752
3083
34050
2014
2617
2481
2793
2783
2694
3036
2707
2557
2884
2893
2581
3156
33182
2015
2297
2273
2774
2660
2725
3197
2574
2642
4001
2484
2459
2957
33043
2016
2203
2372
2680
2567
2633
3027
2304
2430
2685
2603
N/D
N/D
N/D
Source: National Institute of Industrial Technology (INTI) N/D: no data
www.marcasur.com
12
TABLE 5. PATENT APPLICATIONS FILED BY RESIDENTS AND NON-RESIDENTS (2001-2015) Residents
Non-residents
2001
3459
14410
2002
3481
13204
2003
3866
12545
2004
4044
12669
2005
4054
14444
2006
3959
15886
2007
4194
17469
2008
4280
18890
2009
4271
18135
2010
4228
20771
2011
4695
23954
2012
4798
25637
2013
4959
25925
2014
4659
25683
2015
4641
25578
Source: WIPO Applications filed abroad are not included in this table.
TABLE 6. TOP 20 OF PATENT APPLICANTS DURING 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Whirlpool San Pablo University (USP) Petrobras University of Campinas (Unicamp) Federal University of Parana (UFPR) CPOD (odontology) Federal University of Minas Gerais (UFMG) Federal University of Ceara (UFCE) National Service for Industrial Training (SENAI) San Pablo State University (UNESP) Federal University of Rio Grande do Norte (OFRN) Federal University of Pelotas (UFPEL) Federal University of Rio Grande do Sul (UFRGS) Samsung Londrina State University (UEL) Federal University of Pernambuco (UFPE) Federal University of Bahia (UFBA) Federal University of Sergipe (UFSE) Mahle Metal Leve S. A. Vale S. A. Company (mining)
Source: ANPEI
Universities carrying out research The top 20 organizations that issue the greater number of applications in Brazil are mainly universities and communication & information technology institutes. This information corresponds to 2014; nevertheless, current rankings include the same organizations but in a
13
different order (see table 6). Whirlpool, San Pablo University (USP) and Petrobras are the leading organizations of this ranking. Whirlpool is an electrical appliances company, subsidiary of the multinational with the same name, which resulted from the merger of Multibras and Embarco in 2006. Brastemp, Consul and Kitchen Aid are some of its brands.
According to Merco, the Spanish consultant, this company is among the 100 companies with best reputation in Brazil. SĂŁo Paulo University is one of the most prestigious education institutions in Latin America, with a total number of 75,000 students; a public university that involves teaching, researching and university extension in all areas.
www.marcasur.com
Petrobras is one of the biggest international oil publicly-held companies, famous for using high technology for off shore exploration and production operations. Mahle Matel Leve S. A, Brasken and the Federal University of Minas Gerais were also at the top of this ranking during 2015 (see table 7). Mahle Matel Leve S. A., one of the biggest companies in the automobile industry has different Tech Centers dedicated to research and development of automobile components. There is a factory located in Minas Gerais and a Tech Center in São Paulo, with cutting edge laboratories and several engine test benches. Braskem controls the three largest petrochemical complexes in Brazil, located in Bahia, São Paulo and Rio Grande do Sul. Besides these three petrochemical complexes, Braskem also controls a complex located in Duque de Caxias, Rio de Janeiro. Although its main feedstock is naphtha, the company Braskem's Green
Ethylene plant was inaugurated in September, 2010. This green ethylene plant is an important step forward in the strategy of becoming a global leader in sustainable chemicals. This plant is the largest industrial-scale operation in the world producing ethylene made from 100% renewable raw materials, i.e., sugar-cane. The project was conceived and installed in less than two years based on Braskem's proprietary technology. The Federal University of Minas Gerais (UFMG) is a public institution located in Belo Horizonte, the biggest in this state, and considered one of the best in Latin America, according to the QS World University Ranking. Applications are filed for different technological areas, with strong emphasis on civil engineering, equipment, transport and medical technology, in that order (see table 8).
TABLE 7. TOP 10 OF PATENT APPLICANTS IN 2015 1 2 3 4 5 6
7 8 9 10
Whirlpool S. A. Mahle Matal Leve S. A. Braskem S. A. Petrobras Federal University of Minas Gerais São Paulo State University Julio de Mesquita Filho Federal University of Minas Gerais Slim Drilling Servicios de Perforado S. A. Brazilian Association of Education and Assistance Weg Equipamientos Electricos y Motores S. A.
Source: WIPO, 2015. Note: It is estimated that there were no significant changes during 2016
TABLE 8. TECHNOLOGICAL AREAS (2001-2015)
Future Projections It is expected that alliances between public/private companies and universities will continue, especially for research and development of different kind of products and services. The presence of Brazil in the PCT (Patent Cooperation Treaty) has increased during the past few
www.marcasur.com
years; however, according to ANPEI, it is still a small participation and constitutes a deficiency indicator of the long term innovation policies of this country. M
Sources: National Institute of Industrial Technology (INTI) Brazilian National Institute of Intellectual Property (INPI) World Intellectual Property Organization (WIPO)
Fabiana Culshaw Latinstatistics
14
MARCASUR reports Belize EPROINT EXPANDS
16
Eproint, one of the leading IP law firms in Latin America, is announcing the opening of a new office in Belize. This firm already has offices in Costa Rica, Honduras, Dominican Republic and Caiman Islands and has now settled in Belize, with Oneyda Karina Flores Piper as manager. Oneyda's experience will allow not only expanding but also providing more efficient and effective solutions to clients of the region. Oneyda has over five years of experience working in Belize in areas such as Commercial and Corporate Law, Maritime Law, Land Law, IP Law, Offshore Law and State Planning, among others.
With her background in Business and years practicing as an attorney, she has acquired important experience in advising and guiding clients in registering companies and entities. She has also garnered vast knowledge in advising clients on issues related to other areas of Belize law. Oneyda has served as Secretary for the Bar Association of Belize, Secretary to the General Legal Council of Belize and continues to play an active role in the Bar Association's initiatives. She is currently the appointed Delegate to Belize for the Inter American Association of Intellectual Property (ASIPI).
www.eproint.com
www.marcasur.com
/
“
Big brands go
“glocal
ALTHOUGH GLOBAL, MULTINATIONAL COMPANIES HOLD ON TO NATIONAL IDENTITIES IN ORDER TO CONNECT WITH CONSUMERS IN EACH COUNTRY.
www.marcasur.com
20
GLOCAL BRANDS
Cans in different languages.
In order to come through as authentic and familiar, local companies have always based their image in national values. Historical references, idiosyncrasy, customs –symbols that constitute the identity of a country– have inspired a great number of advertising campaigns that connect brands with their target audience and compatriots. Local firms are not the only ones to go down this road. In spite of their global nature, multinational companies increasingly take the vision and general purpose of their brands and adapt them to local cultural characteristics. With global scope and local pretensions, these companies work as glocals. The last Olympic Games were a clear example of this stance, when Samsung, the South Korean company, launched an advertising campaign with a world anthem, created with anthems of different countries. This song shows the global vision of the brand, while it sends a clear local message. Itaú adopted a similar strategy. In 2011, the multinational Brazilian finance company launched a campaign claiming to be a Global Latin American Bank, in accordance with its Latin America penetration
Fernando Moiguer. In favor of micro understanding.
BRANDS CAN MAKE A MISTAKE IF THE TONE, MOMENT AND THE OPPORTUNITY ARE NOT APPROPRIATE. strategy. Africa, the advertising company, supported this approach with a series of advertisements starred by personalities of different backgrounds and nationalities, such as Paloma Herrera (Argentinean ballet dancer), Alice Braga (Brazilian actress), Nicolas Catena (Argentinean wine producer) and Camilo Villegas (Colombian golf player). They were the ambassadors of the bank in all of these countries. Freestyle wrestling is one of the most representative cultural emblems of Mexico and its folklore. In 2007, this
MULTINATIONAL COMPANIES ADAPT THEIR VISION TO LOCAL MAKETS. 21
inspired Coca-Cola to launch a funny spot in which a teenager challenged a professional wrestler over a soda. The spot, which may not be understood in other countries, shows that the brand understands the particular emotions that touch Mexicans. “In order to be coherent, this international company needs to keep up with its global values and, at the same time, operate on the basis of micro understanding of local markets to be relevant” explains Fernando Moiguer, Argentinean economist specialized in the development of regional brands and director of the firm that bears his name. The Coca-Cola approach, to which the expert is making reference, reflects a change of scene in which “nothing can www.marcasur.com
be understood as entirely global or entirely local. We are undergoing a general hybridization process of products, brands and positioning” says Moiguer. Multinational companies confirm that the new strategy is to be both global and local at the same time. “Our brands are international and have a clear purpose, a purpose towards society, based on the sustainable development from the environmental, economic and social points of view” said Teresa Cometto, marketing and media manager at Unilever Uruguay and teacher at the ORT University in Montevideo. Even though the purpose of the brand is the same worldwide, “strategies develop differently in each country because the connection between the brand and consumers is developed by local teams; this is why we say we are glocals” claims the executive. Glocalization goes beyond companies and even new generations of consumers have global demands while expecting brands to understand national realities.
Global Brands The advertising agency McCann carried out a study called The Truth About Global Brands, based on 30,000 interviews from 29 different countries, which
revealed that while most interviewees (88%) feel global brands have the power to make the world a better place, there is an increasing number of people who feel that their country has lost, or is currently losing, cultural identity under the shadow of globalization (68%). At the same time, 85% of interviewees claimed to be proud of their national identity. Little by little, multinational companies are taking note of these national identity perceptions and are, therefore, starting to make adjustments in their advertising campaigns. Back in the seventies, brands defined what it meant to be Argentinean, Mexican or Colombian in a rather general and basic way, but the arrival of social, cultural and economic phenomena –such as globalization, diversity promotion, technological revolution and ephemeral enjoyment, all of which shape societies nowadays– force companies to change the old communication recipes. Even though having a local approach has always placed brands near the heart of consumers, this context –characterized by ongoing change and the consumer's demands for governmental transparency and sincerity– has obliged advertising professionals to adapt and step out of their comfort zone.
Samsung adapted its global Galaxy S7 campaign with a local model, in Shenzhen, China.
This is why multinational companies are trying to avoid traditional stereotypes. In 2008, Sedal launched a campaign in Argentina aimed at single moms, instead of presenting young models with perfect hairdos; last year, Nikon launched a spot in the US that portrayed a gay couple and their children, representing a concept of family very different from that traditionally used by this company. Brands such as Dove and Axe focus on women and youngsters –respectively– sending messages about real beauty and finding your magic, which are supported by new paradigms, different from traditional aesthetic conventionalisms. As a result, the way in which these companies understand national identity or society, has nuances based on the new ways of being and living in a country or in the world. “Therefore, achieving harmony with this market must be done by means of strategy; otherwise, brands take the risk to be left out. They have the responsibility of reaching out to consumers. We no longer are in an offer-based logic; nowadays demand is law” claims Moiguer.
FREESTYLE WRESTLING IS ONE OF THE MOST REPRESENTATIVE CULTURAL EMBLEMS OF MEXICO AND ITS FOLKLORE. www.marcasur.com
22
Toyota marketing for tours in the Sahara desert.
Emotional attachment between the brand and the consumer does no longer depends on geography; is daily life where you can really approach consumers, says the expert. This is why global companies with strong everyday impact on consumers have managed to avoid being framed as multinationals and becoming brands with no boarders, adopted by people. Google, Youtube, WhatsApp and Facebook are clear examples of this approach.
Emotion readers Adapting global campaigns to specific markets requires great precision in order to achieve a local flavor that agrees with both customers and the identity of the brand. As Cometto explained, the goal is, on the one side, “to have an identity that has no boarders in such a way that if you see Dove in the US or Uruguay, you see the same brand, with the same values and personality” and on the other side, “to make sure you connect with people in
NEW GENERATIONS OF CONSUMERS HAVE GLOBAL DEMANDS WHILE EXPECTING BRANDS TO UNDERSTAND NATIONAL REALITIES. 23
each country, based on their customs and characteristic habits; this is the real value that local teams have”. In order to embrace local or national values, the company must deeply understand the country in which it operates as well as the idiosyncrasy of its target market. In addition to this, it is necessary to identify social characteristics that match the identity and structural values of the brand. And finally, the brand needs to build bridges based on such connections between consumers and the company. According to Moiguer, international brands that have better solved this equation are those “which do not intend to be multinationals or global, which do not intend to conquer the world, the ones that are able to process sensibilities of each country”. In his opinion, multiLatin companies such as Natura, Falabella or Corona are examples of this. When designing an advertising campaign, strategy must be in line with the brand and products; “It is always essential that the positioning of the brand seems credible. It can be hard sometimes to get in the traditions area when you have a global product” said Leandro Gomez, CEO and general creative director at the advertising company McCann Montevideo. To sponsor the most
popular sport in the country may be an effective shortcut for multinationals, such as Coca-Cola, Sodimac and Itau, which are sponsors to several Latin American football teams. The key for advertising agencies and marketing departments is for all elements in the campaign to have the right tone for local markets. This means taking care of the smallest details; the announcer, posts on social networks, graphic elements and public advertisements need to use local expressions, pronunciation and idioms; the brand should have local influencers as ambassadors (such as sportsmen, journalists or actors) among other resources. “It's good for the consumer to know that the message comes from other parts of the world and feeling part of that global experience, but brands need to make room for local communication” says the publicist. The tendency in Latin America shows that international brands tend to approach each market by means of adapted messages on spots, BTL (Below the line) actions, such as product activation, radio advertising, graphics and online advertising. This strategy, along with the right tone, allows connecting with consumers in each country, sending a clear message “a much more celebrated and different
www.marcasur.com
GLOBALIZATION, DIVERSITY, TECHNOLOGY AND EPHEMERAL ENJOYMENT SHAPE SOCIETIES NOWADAYS. message from that traditionally used for adapting strategies” summarized Gomez.
The right suit Talking about national identity is a risky challenge for international brands. A missing or an extra letter can make a great difference in an advertising campaign. If someone from Rio de la Plata sees a spot where people speak Centro American Spanish, he or she will probably not identify with such advertisement. The result will be exactly the same in the inverse situation. Language is a characteristic and sensible feature of national identity and culture, for which misinterpretation may result in the indifference or event amusement of the target audience. “If you do not understand local characteristics, you may just try to use
www.marcasur.com
something that people can't relate to; just as if someone did some cut & paste, not caring for what it is that moves people, because at the end, communication works on feelings and emotion”, says Cometto. “If you cannot relate to the message, it is likely that you don't take that brand into account”. That is why it is so important for international companies that marketing and advertising agencies understand local identities. According to Gomez, the key is for foreign brands to become credible for the local audience; if not, the message can become a boomerang. “You need to have the right suit and not wearing costumes. People can tell when you put on a costume and by then, you are no longer invited to the party. I also believe that brands can make a mistake if the tone, moment and the opportunity are not appropriate” he concluded. M
24
ESPN Gain Contracts In Latin America
ESPN, THE MEDIA GROUP WITH ONE OF THE BIGGEST AUDIENCES IN THE USA, HAS –SO FAR– 400 CONTRACTS WHICH INVOLVE ALMOST A THOUSAND OPERATORS IN THE SPANISH-SPEAKING REGION.
www.marcasur.com
27
INTERVIEW
“LATIN AMERICA IS THE REGION THAT PRODUCES MORE INCOME TO THIS COMPANY, AFTER THE USA”
Federico Vibes, lives in Buenos Aires and is legal director of ESPN International for Latin America –except for Brazil. He shares some of his activities as attorney of this company and his thoughts on some controversial IP issues with us. Which is the current positioning of the group? This is a global company, but its presence in the US is much stronger than in the rest of the world. The group has the lead of the sports market in both cable and digital television. This is one of the most profitable media companies. According to Nielsen measurements, ESPN has five times more rating than its strongest competitor. How important is Latin America for the Channel? Very much. Following the US, Latin America is the most profitable region for ESPN. We also work in other regions of the world, such as Australia and England, but these are not as profitable. We have joint ventures with Sony in India and with Tencent Holdings in China, but Latin America is the only region in which the structure resembles that in the US; with four lines of business: television, digital, radio and magazines. At the same time, Latin America is divided in sub-regions: Brazil (where there is a specific operation, due to content and languages differences) and the rest of the region, which goes from Mexico to Argentina, under the ESPN Spanish Speaking name. This is the area I monitor from the legal point of view.
28
Who is he? Federico Vibes is Principal Counsel for Latin America since 2013, located in Buenos Aires, Argentina. He worked on Intellectual Property for 15 years in Alesina & Asociados (19982012), where he became partner, and in Savransky Manes & Vibes (2012-2013). He studied Law at the Buenos Aires University (1998) and took specialization courses at the Franklin Pierce Law Center (USA). He also has experience as professor at the Austral University and Buenos Aires University. He has published books on IP; marketing, advertising and contents on cellphones; entertainment law and domain names in the internet. Likewise, he has published articles on innovation and intellectual property; the right to privacy online; sports law; piracy; copyright infringements and compensation; and unauthorized use of audiovisual materials. He is lecturer at national and international events.
www.marcasur.com
All eyes on sports
Which is the Latin American country where the brand has stronger presence?
Latin American country. It has some rights in Mexico, but it is not very much.
Economies of scale make of Mexico, Colombia and Argentina the most important countries in this region. ESPN has good positioning in all three of them. In the remaining countries we are a wellknown brand; we are even ranking leaders in some of these countries.
If possible, would this be an advantage for ESPN or other similar companies?
Why does the brand outstand more in the USA than in Latin America? The USA population has a deep relationship with sports broadcasted by ESPN; rugby, basketball and baseball, all of which guarantee our success. While in Latin America, ESPN does not broadcast local football matches, which are the most popular sport events. The most popular sport broadcasters in this region are those that transmit local football. Local football is basically a business for free to air local television… Indeed. ESPN does not have transmission rights over local football in any
The thing is that sport contents come with some risks. These contents are so expansive that it is not always sustainable. There is no guarantee that the investment will be recovered. Companies that buy these kind of content have some way to make sure it will be profitable, whether it is by means of pay television or free to air services, in which case business volumes are different. As attorney, you mainly work on contracts, don't you? I do different things here, commercial law, tax law and customs law, but those issues that take up most of my time are those related to the core of ESPN business. 80% of my work is dedicated to content purchase contracts. Writing them and negotiating them. We buy contents to event organizers, such as the Olympic Committee, the Union of
“THE COMPANY HAS FOUR LINES OF BUSINESS: TELEVISION, DIGITAL, RADIO AND MAGAZINES”
www.marcasur.com
29
“80% OF THE LEGAL WORK IS DEDICATED TO CONTENT PURCHASE CONTRACTS” En Redes and Hablemos de Futbol. We have regional programs such as ESPN Bike, ESPN Run and ESPN Woman. Some other programs are exclusively for Colombia, such as Balon Dividido. Futbol Picante in Mexico. We have more than thirty shows like these, produced in Buenos Aires, Bogota and Mexico City. But we also retransmit contents produced by others. In such cases, we just add small details. Will the transmission of football games return to private hands in Argentina?
Sports that raise passions.
European Football Associations (UEFA), the Spanish Football League and the Argentinean Rugby Union. For example, we bought the rights to broadcast the National Football League (USA) games. We have different contracts for different institutions, which basically define which content they will provide, for which countries and in which languages. The other side of my job is to sell these contents, to decide where to include them in our schedules, which we license pay television operators to transmit throughout the region. How many signal distribution contracts do you currently have?
30
We have approximately 400 contracts. ESPN authorizes pay TV operators to offer our signal (among others) to the client, who subscribes –and pays monthly– for accessing these contents. These 400 contracts involve nearly a thousand pay TV operators in Spanish speaking Latin America. In the USA contracts are not annual, but biannual or even for three or five years. You have copyright for some programs, but not all of them… We own copyrights of some programs. We have studio programs that are produced in house, such as Pura Quimica,
Cristina Kirchner bought transmission rights for football games, which were previously owned by pay TV. Things changed when Mauricio Macri became president, for he has a very different point of view. Macri believes the government should not be involved and will not renew the agreement with the Argentinean Football Association (AFA). It is not clear how these rights will be commercialized, but there will probably be several buyers and some games will be transmitted on free to air television and others on pay TV. In Uruguay, a number of people cannot see some games because of them being transmitted on cable TV… I believe it is necessary to find balance between the access rights to relevant contents and business sustainability. In many European countries the access to contents is guaranteed by free to air television, but there are also benefits for those who are willing to pay for content. For example, if you want to see live
www.marcasur.com
“ESPN HAS JOINT VENTURES WITH SONY IN INDIA AND WITH TENCENT HOLDINGS IN CHINA”
On laws and decoders… Do you believe Intellectual Property laws are well designed? In my opinion, Intellectual Property laws are very well designed in some countries, and very outdated in others. But in general, there is no proper compliance of these laws, nor is there much interest in punishing content piracy crimes. When it comes to ESPN, we are affected by the illegal online transmission of sport events. In some countries people buy FTA (Free to Air) decoders which allow downloading signals from satellites illegally; this also affects our business, as well as other TV channels that broadcast sports events.
www.marcasur.com
In which countries are these decoder-related crimes more frequent? When it comes to online piracy, we cannot narrow it down to one single country, for internet websites can be accessed from anywhere. Free-to-air decoders; on the other hand, do have a stronger presence in Brazil, Paraguay and Peru. Central America is also another difficult region in terms of piracy.
Legislation in Chile outstands for stating that internet intermediaries are not liable for third parties' content… Indeed, this law exonerates intermediaries of the responsibility over infractions committed by users of their services. Nevertheless, this also includes the notice take down regulation, which means that once the intermediary has been notified of an infraction, immediate action must be taken. If not, both the offender and the intermediary shall be responsible. This system was created back in 1998, in the USA, when the Congress modified copyright regulations of that country. In 2001, the European Union adopted this very same measure. Other countries, such as Japan and Australia also modified their copyright legislation and adopted this intermediary liability regulation. In Latin America, Chile is the only country to have incorporated these measures to its legislation.
Which aspects of IP laws do you believe could be modified to improve protection of this industry? As far as I know, Chile is the only country where there is an especial chapter dedicated to the liability of internet intermediaries, which is a key element for fighting piracy. Particularly, cases involving free to air decoders should be solved by means of copyright or complementary laws. Uruguay is one of the few countries with the necessary legislation to properly fight free-to-air piracy.
Other will probably follow this path… Of course. Chile adopted this regulation when signing a FTA (Free Trade Agreement) with the USA, provided that doing so was one of the conditions for signing this agreement. Other countries have signed FTAs with the USA. Panama and the Dominican Republic should also be undergoing this process. To be realistic, the only way for all Latin American countries to adopt this kind of measures is under the pressure of the USA.
31
Logos of the most famous TV sports channels.
games you can access pay TV, but you can also see it on free to air TV late at night. This is a way to allow people to access content and keeping the business running. This has always been a much politicized issue‌ Yes, I mentioned Argentina, but the same happens in Ecuador, Mexico, basically in all Latin American countries; governments know that this is a very sensible issue and try to intervene in order to gain votes. But in Ecuador and Mexico the government does not have transmission rights. No; however, the Ecuadorian government was trying to do something similar, but finally did not. In Mexico, football is strongly related to big communication media and the government. The footballpolitics issue is always on the table. Logos of the most famous TV sports channels. What do you think about corruption in football? I believe stronger laws for corruption should help improving this situation. From my ESPN stand point, I monitored the FIFA and Conmebol scandal in 2015. Those rights were managed in a very different way than in the rest of the world. In developed countries, for example, the World Cup, America Cup and
32
local football leagues broadcast rights are subject to public, open tenders. In this way, there is little room for corruption or political interventions. I believe it would be good for this to happen in Latin America. What was it like for you with the 2016 Olympic Games in Brazil? It was a good experience. Countries in the region had a better performance than in the previous games and that increased the interest of the audience as well as advertising benefits. So, the balance is positive. Do bigger audiences mean greater profitability?
Is this why you do not broadcast the World Cup in Latin America? We have not transmitted World Cup games in Latin America for more than ten years. In the USA we broadcasted the 2010 South African World Cup. But this content is too expensive and convenience must be carefully analyzed when buying these contents. Which are the most profitable events for ESPN? The UEFA Champions League, the Spanish Football League and, at the time, the English and Italian football. M Fabiana Culshaw
These events are very interesting in terms of audience, but costs are extremely high. It is very expensive to obtain broadcasting rights. Bigger audiences do not necessarily mean greater income. We try to broadcast contents such as the Olympic Games, the UEFA Champions League, the Tennis Masters 1000, the Grand Slam and the Spanish Football League because they drive audiences and take business and the company forward, but these are very expensive contents. Nowadays, the key is to have the best possible contents, but these contents should be sustainable. A very careful business balance must be carried out.
www.marcasur.com
En la pantalla, Francis Gurry, director general de WIPO.
www.marcasur.com
OCTUBRE / DICIEMBRE 2 0 1 4
51
INTERVIEW
Hand In Hand With Legislators
THE BRAZILIAN ASSOCIATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY (ABPI) IS TRYING TO REMAIN ACTIVE IN TERMS OF LAW BILL REVISION, WORKING CLOSE WITH LEGISLATORS AND SUPPORTING LOCAL UNIVERSITIES. Maria del Carmen Souza Brito, president of ABPI, shared with Marcasur some of the goals and activities of the organization for 2017. What is ABPI currently doing to support technological research and development in Brazil? ABPI is helping to encourage and promote the IP culture. We have representatives not only in Rio de Janeiro and SĂŁo Paulo, but in all regions of the country, in order to make it easier for the Association to inform, monitor activities, and organize forums, events, conferences, to 34
promote our publications and to work together with other local organizations, such as universities and experts. For organizing and promoting Intellectual Property around Brazil it is necessary to have a good relationship with authorities, not only with the National Institute for the Protection for the Protection of Industrial Property (INPI), but also with the Legislative Power, isn't this right? Taking IP around Brazil is an important task. I am very pleased with our relationship with the authorities, we are working
hard together. There are currently several laws and bills at the National Congress for modifying the current IP regulations. We are not proposing great changes but we are helping Brazil to discuss regulations with legislators, who do not always have training in this area. ABPI provides them with useful documents and resolutions. Studying these projects means a lot of hard work for you‌ We have advisors and also try to classify all law bills under different areas to deliver them to the ABPI directors www.marcasur.com
Organized…
Bonus question… How much time does the presidency of the ABPI takes from your daily working routine? When I am not in a congress, is usually takes up 70 or 80 % of my day. It is quite demanding.
Her experience The presidency of Maria del Carmen Souza Brito at the ABPI, which begun in 2015, is currently coming to an end. During her first speech, she expressed her intention to continue the work Elisabeth Kasznar, her predecessor, had begun. She is a chemical engineer who graduated from the Rio de Janeiro State University. An Industrial Property Agent, specialized in chemical, pharmaceutical and biotechnology areas. She started her career at Dannemann Siemsen firm in 1988, where she became partner two years later. She currently works mainly with clients from the cosmetic, agribusiness, pharmaceutical, paper and cellulose areas. She has been part of other associations, such as ABAPI, AIPPI, ASIPI and the Brazilian Business Council for Sustainable Development. She is also a speaker at different conferences and has publications on issues relevant to her profession.
according to their specialization areas. We provide council during proposals, discussions and public sessions. We remain active; for example, we hold meetings with the Foreign Industry and Commerce Ministry to discuss ABPI's work and importance in relation to several projects in our area. This is something we try to exercise regularly.
www.marcasur.com
You are a chemical engineer and have been working on ecological projects, could this encourage ABPI to work harder on these topics? I believe this is an extension of the work I have been carrying out throughout my professional career; I have technical knowledge on this area and will put my experience at the service of the Association.
The Brazilian Association for the Protection of Intellectual Property (ABPI) has an executive committee, with a president, two vice-presidents, a director, treasurer and secretary. It also has a Board of directors, which includes fifteen former presidents of the Association and fourteen study commissions, one for each IP area. The Association is located in Rio de Janeiro and São Paulo.
Luis Octavio Pimentel, president of INPI, shows satisfaction with the quality of examiners… Indeed; examiners are hardworking and highly trained. The quality of examiners is not a problem, but there are two few of them. The number of patents for each examiner is too big and they fail to fulfill the demand. But, I repeat, they are very god professionals. Brazil also needs to improve conditions for increasing the number of applications filed by residents, both for utility models and patents. Wait time for granting patents is an issue left to be solved. M
35
Business Rounds Buenos Aires
THIRTY LEADING LATIN AMERICAN LAW FIRMS ATTENDED THE BUSINESS ROUNDS ORGANIZED BY MARCASUR, WHICH TOOK PALCE IN BUENOS AIRES, ON DECEMBER 2, 2016 AT THE MADERO HOTEL.
Juan Antonio Pittaluga was in charge of these “Towards new businesses” rounds, with panelists from five different firms: Luis Henrique Amaral, from Dannemann Siemsen Advogados; Veronica Raffo and Agustin Mayer, from Ferrere Abogados, Franklin Hoet, from Hoet Pelaez Castillo & Duque; Hugo Berkemeyer, from Berkemeyer Attorneys & Counselors and Gabriel Matarasso and Iris Quarido, from Marval O'Farrell & Mairal. It begun with a brief introduction, where the coordinator explained the working method: panelists would share their experiences in new business projects, 36
Business round tables www.marcasur.com
Gabriela Bodden (Eproint, Costa Rica), Virginia Cervieri (Cervieri Monsuarez & Asoc., Uruguay), Iris Quadrio (Marval, O’Farrell & Mairal), Gabriel Matarasso (Marval, O’Farrell & Mairal), Edy Portal (Portal & Asociados, El Salvador)
Florencia Rosati (Estudio Beccar Varela, Argentina), Agustín Mayer (Ferrere, Uruguay) & Juan Vicetto (Izquierdo & Vicetto, Argentina)
outside the intellectual property world. Afterwards, they would seat and share tables with the audience, were they could answer some questions or share some other experiences in a more intimate context. Panelists shared their experiences in developing new business outside the IP area. They mentioned both successful and unsuccessful experiences. Afterwards, five round tables were set up www.marcasur.com
on which panelists rotated and answered some questions to attendees, which created a very especial atmosphere. This was achieved because attorneys representing the firms were very well informed. In addition to panelists, other colleagues shared their experiences, such as Florencia Rosati (Estudio Beccar Varela), Sergio Olivares (Olivares y Compañia S. C.), Juan Pablo Silva (Silva & Cia.), Elisabeth Kasznar (Kasznar
NEXT BUSINESS ROUNDS: BARCELONA, MAY 2017
37
Leonardos IP), Ana Messina (Biaggi & Messina-Lugo IP), Virginia Cevieri (Cevieri Monsuarez & Asociados), Ricardo Mejia (Bufete Mejia & Asociados) and Alfredo Corral (Romero Corral Abogados). Some conclusions from these rounds: firms are business units that should grow through new business areas different from intellectual property, which is an increasingly difficult area to grow; perusing new business activities requires ideas, projects, taking risks and stepping out of your comfort zone.
38
Sharing the final toast.
There is no right path, no rules; each professional must find the way. Finally, it was agreed to find another opportunity to go on discussing these issues. After three and a half hours of work, rounds concluded and there was a toast out on the terrace during the sunset. We are committed to continue these discussions in Barcelona, on May this year. M
www.marcasur.com
EVENTS / BERTON MORENO & ASSOCIATES COCKTAIL
Berton Moreno & Asociados welcomed clients, colleagues and friends with a cocktail party –held during the ASIPI Sessions in Buenos Aires last year– to thank them for their support throughout all these years. The cocktail was held at the Club Atletico Boca Juniors, emblematic venue of this city full of tango and football.
QUITE A RECEPTION
Alberto Berton (Berton Moreno & Asociados, Argentina) & Sergio Olivares (Olivares, Mexico)
According to the firm's partners, hosting this event at the headquarters of one of their most important clients and celebrating with vines from Bodegas Bianchi (another important client of the firm) was the best way to share this moment with clients.
Margarita Romero (Romero Corral Abogados, Ecuador), Martín Michaus (Basham, Ringe & Correa, Mexico), Juan Vanrell (Vanrell Propiedad Intelectual, Uruguay), Juan Berton (Berton Moreno & Asociados, Argentina), Rafael Covarrubias (PCM Abogados, Chile), José Luis Rodríguez (J.Isern, Spain), Daniela Rojas (Hilborne Hawkin & Co, USA), and Loreto Bresky (Alessandri Abogados, Chile) 40
www.marcasur.com
Hosts Enrique Gatti, Alberto Berton (son), Alberto Berton, Juan Berton, Marcelo García Sellart and Cruz Berton (boy)
Martín Torres (Brigard & Castro, Colombia), José Roberto Romero (Romero Pineda & Asociados, El Salvador) & Alberto Berton (Berton Daniela Rojas (Hilborne Hawkin & Co, USA), Juan Berton (Berton Moreno & Asociados, Argentina) Moreno & Asociados, Argentina) & Margarita Romero (Romero Corral Abogados, Ecuador)
Josep Carbonell (March & Asociados Spain), Javier Isern (J. Isern, Spain) and Marcelo García Sellart (Berton Moreno & Asociados, Argentina)
www.marcasur.com
The main goal of the Berton Moreno & Asociados firm is to provide solutions based on the different legal challenges our clients currently face because of globalization and new technologies.
The firm specializes in the traditional intellectual and industrial property areas (brands, patents, utility models, industrial designs and models, copyright and anti-piracy actions), as well as issues related to commercial loyalty, competition and other new legal areas related to entertainment, marketing, advertising, spots, fashion and new technologies. The firm also outstands for creating and negotiating contracts, franchises, licenses, and technological transfers. The event was an opportunity to enjoy a few hours going around the different rooms, grandstands, dressing rooms and even walking through the tunnel football players use to enter the field: a clear example of the creative nature of this firm! https://www.youtube.com/ watch?v=mUOgfisYT5M 41
Pilar Troncoso receiving the Gold Award with Juan Pittaluga
MARCASUR AWARDED OUTSTANDING LATIN AMERICAN PROFESSIONALS The Marcasur Awarding ceremony took place during the ASIPI Meeting held in Buenos Aires. MARCASUR prized Maria Pilar Troncoso (Gold), Jorge Otamentdi (Silver), Hugo T. Berkemeyer (Bronze). Nominees received diplomas: Alicia Lloreda, Gerardo Muñoz, Maximiliano Santa Cruz, María Carmen de Souza Brito and Guy José Bendaña. The most important thing for Marcasur is for winners to have been chosen by their regional colleagues. Marcasur also presented the professional career award, during a rather small but emotional ceremony. Winners: Peter Dirk Siemsen, Arturo Alessandri and
42
Ricardo Tito Mejia. Juan Antonio Pittaluga, in charge of presenting the awards, explained that these professionals, in addition to being excellent attorneys and having occupied important positions both in the public and private sector, have also gained the affection of their colleagues, which is a very difficult thing to do. These professionals –he added– have worked throughout their lives for the improvement of IP protection in Latin America, participating in the creation of national and international regulations. They also have something in common: their families are still involved in the law
firms they have incorporated, and which become increasingly prestigious. He regretted the absence of Tito Mejia, who had to travel to the USA due to health problems; his son was present on his behalf. Dinner was served after the ceremony as tribute to awarded professionals. M
www.marcasur.com
Arturo Alessandri receiving the Professional Career Award, next to her grondson Rodrigo Velasco
Jorge Otamendi receiving the Silver Award, with Juan Pittaluga
www.marcasur.com
43
Peter Siemsen toasting to his Professional Career Award
Ricardo Mejía (on behalf of his father, Tito Mejía), Arturo Alessandri, Peter Siemsen and Juan Pittaluga.
Guy José Bendaña Guerrero, nominee
44
Maximiliano Santa Cruz, another nominee
www.marcasur.com
134
www.marcasur.com
Walking around Caminito, La Boca
The event had a social and academic agenda, preceded by an inside job with the Executive Committee, and Administrative Council and Working Committees, during which projects, evaluations and agreements were settled. The event started on December 4, with welcoming words of Juan Berton Moreno (president of the welcoming Committee), Miguel Braun (Secretary of Commerce), Dámaso Pardo (President of the National Institute of Industrial Property), Gustavo Schötz (Director of the National Direction of Copyright), Carolina Fernández (President of the Argentine Association of Intellectual Property) and María del Pilar Troncoso (President of ASIPI).
46
ASIPI in
Buenos Aires BUENOS AIRES WELCOMED MORE THAN 600 PROFESSIONALS DURING THE ASIPI XIX WORK SESSIONS AND ADMINISTRATIVE COUNCIL, WHICH TOOK PLACE AT THE HILTON HOTEL IN PUERTO MADERO, FROM DECEMBER 4 TO 7, 2016
www.marcasur.com
On Monday, the first academic session included: Valuation of Intangibles, the Trans Pacific Partnership (TPP), protection for Appellations of Origin, liability for online contents and wearable technologies. ASIPI signed collaboration treaties with the Supreme Court of Justice of Paraguay and the Arbitration Center of the Commerce Chamber of Santiago, Chile. During the second academic sessions, professionals attended workshops on PCT System (Patent Cooperation Treaty), Administration of law firms, Digital Medicine, Franchises and Arbitration. Graciela Pérez de Inzaurraga (Hausheer Belgrano & Fernández. Argentina), Marta Berkemeyer (Berkemeyer Attorneys and Counselors. Paraguay), Carolina Inés Fernández (Hausheer Belgrano & Fernández. Argentina)
Laura Hammel (Agregada Regional de PI-USPTO. Argentina), Paulo Parente Marques Mendes (Di Blasi Parente y Asociados. Brazil), Maria Beatriz Dellore (USPTO. Brazil)
Rodrigo Bermeo (Bermeo & Bermeo. Ecuador), Mercedes Bullrich (Mitrani Caballero Ojam & Ruiz Moreno. Argentina), Juan Carlos Ojam (Mitrani Caballero Ojam & Ruiz Moreno. Argentina), Paula Giannetti (Mitrani Caballero Ojam & Ruiz Moreno. Argentina) www.marcasur.com
ENERO / MARZO 2 0 1 6
59
Juan Puga (Puga IP-Vermehren Puga Varela Canales, Chile), Jorge Allende (Allende & García, Peru), Adolfo López (Ayala & López, Venezuela) & Eduardo Miravete (Mcoy Abogados, Mexico)
Irene Castillo-Rincon (Pragma Legal. Costa Rica), Lorena Mersan (Mersan Abogados. Paraguay), Melissa Mora Martin (Pragma Legal. Costa Rica), at the MARCASUR stand.
During the third and last day of these sessions the ASIPI/INTA “Trademark Impact Study” was presented, followed by lectures on Biotechnological Inventions, Cybersecurity, and Proof of use of a trademark and Celebrity Athletes: their image split between major events and their commercial commitments. In addition to this, the WIPO took part in An Assistance Program for Inventors (PAI). At the MARCASUR stand, Armando Pinto (Dumont Bergman Bider & Co. Mexico) and Eduardo Fonseca (Moffat y Co. Canada)
60
www.marcasur.com
The outstanding Mentoring Program provided attendees to get to know ASIPI partners and expanding their social networks. There is no doubt networking is becoming increasingly important; constant lobby meetings at the hotel, dinners and a great number of meetings confirm so.
Melisa Litvin (Litvin Legales, Argentina) and Arturo Telles (Osterling Abogados, Peru)
Viviana Patricia Erejomovich (Atilano Fernandez Estudio, integrante De Prac Abogados. Argentina), Margarita Zambrano (Meythaler y Zambrano Abogados. Ecuador), Rosa Bueno de Lercari (Estudio Fernandez Davila y Bueno. Peru), Sandra Milena Rodriguez (CI Abogados SAS Colombia), Karime Hamed (DH Abogados. Chile), Tessy Barbat (Tessy Barbat y Asociados. Argentina)
Raquel Toñanez (Toñánez Ortiz & Asociados. Paraguay), Guillermo Sosa (Goodrich, Riquelme & Asociados. Mexico), Claudio Fernández Lacort (Fernández Lacort. Argentina), Enrique A. Díaz (Goodrich Riquelme & Asociados. Mexico), Marcello Do Nascimento (David Do Nascimento Advogados Associados. Brazil), Marcela Cikato (Cikato Lawyers. Uruguay) www.marcasur.com
49
Carlos & Verónica Uhthoff (Uhthoff Gómez Vega & Uhthoff S.C. Mexico), Jaime Durand Planas (García Sayan Abogados. Peru)
The social aspect of the event included the local law firm reception held at Usina del Arte, cultural center of Buenos Aires, where Argentinean firms offered a cocktail party with a tango show followed by a rock band. City tours and sport activities were part of the outdoor activities offered by the organizers. Closing dinner took place at the Main Auditorium of La Rural. The following ASIPI event will be “Showbiz and more…Intellectual Property in the Entertainment Industry” in Puerto Rico, on March 19 to 21, 2017. M
Alessandro & Ana Masetti Zannini De Concina (Akran. Italy)
50
www.marcasur.com
EVENT / VILLASECA LAW FIRM
VILLASECA LAW FIRM CELEBRATES ITS 100 YEARS
Max F. Villaseca (Estudio Villaseca, Chile), Maximiliano Santa Cruz (Director Nacional INAPI, Chile)
Bernardo Serrano, Estudio Villaseca, Chile
With an exceptional view of Santiago City and Los Andes, the Villaseca law firm –specialized in IP– celebrated its 100 years on December 1, with clients, authorities and friends. The event took place on the terrace of an exclusive Chilean hotel. Some of the attendees were: Maximiliano Santa Cruz, National Director of INAPI (National Institute for the protection of Industrial Property), Patricio Poblete (Director of Nic Chile) and Cristian Locos (Director of the IP Crimes Investigation Team, in addition to several professionals from different Latin American and European firms. During the event, Bernardo Serrano, the main partner of this firm stressed the vision Federico Villaseca Mujica, founder of the firm in 1916, who specialized in Intellectual Property even when this was merely an incipient legal area back then. He also thanked partners, professionals and the administrative staff for their contribution to this national and internationally recognized firm.
52
In this framework, the firm launched the book Santiago, cien años en imágenes, which shows the evolution and transformation of the Chilean capital, in parallel to the firms', between 1916 and 2016. Photographers: Odfer Heffer, Enrique Mora, Antonio Quintana and Luis Weinstein. Their pictures rescue and show different places in Santiago, providing a particular sight over the lives of Chilean people over the last hundred years as well as their future projections. M
Estudio Villaseca Partners, Eduardo Molina, Felipe Pavez, Bernardo Serrano, Sergio Amenábar & Max F. Villaseca
www.marcasur.com
Villaseca partners: Felipe Smith, Claudia Varas, Fernando Venegas, Marion Ortiz, Alvaro Arévalo, Anne-Laure Fauquet and Oscar Isler
Javier Isern (Isern Patentes y Marcas, Spain), Fernando Castro (ex-partner Sargent & Khran, Chile), Ramón Benedetti (Benedetti & Benedetti, Panama)
Gabriela Pavez, Carolina Villaseca, María Angélica Amenábar, María Adela Serrano & Carmen Rosa Molina
Denis Kennedy (Laboratorio Internacional de Cosméticos), Max Montero & Francisca Montero (Johansson & Langlois, Chile), Ana María Valencia (Estudio Valencia, Peru) & Maribel Barreda (Barreda Moller, Peru) www.marcasur.com
53
ATTORNEYS IN THEIR FREE TIME
Pen In Hand
INSPIRED BY LEGAL AND LITERARY PAPER WORK. “[…] at the very moment my hand touched the mandala, a strong blue light sprouted through the jambs”, read Guillermo Villaroel, an extract from “¿Mundo efímero o eterno?” which he wrote in 2008. Many words went by ever since, when he lived in Coyhaique, where it rained every day and he found refuge in his books. “My mother and grandmother told me stories at lunch and therefore encouraged my imagination” he recalled.
54
The Patagonia is a very nice place, with glaciers and rivers. Living there changed my perception of nature, I admire nature more now and this can be appreciated in my writing. I was inspired by this way of life, so isolated and rewarding” he explained. Guillermo won some prizes for his fiction writing when he was a teenager: “La travesia” (awarded by the Colegio Alianza Austral), “El gusanito Saltarin” (Coyhaique municipality) and “El mundo efimero y eterno” (which achieved third place in a contest involving all Chilean high schools and organized by the National Environment Committee). “I started some essays when I was in college but studying took up most of my time and I had to leave this passion behind for a while. I took the 'XX century thinkers' subject at the Catholic University, which was in charge of Gonzalo Rojas, who writes for El Mercurio. This was one of the most entertaining courses I have ever taken” says the young professional. He is a fan of J. K. Rowling (Harry Potter), J. R. R. Tolkien (The Lord of the Rings), C. S. Lewis (The Chronicles of Narnia) and other writers of this sort. Guillermo wants to get to know authors a bit better. “Silva & Compania law firm protects all kind of intellectual property rights. If I specialize in that area, I will provide better protection to authors” he added. Guillermo has also invented board games. “Globetrotter” (world map with dice, based on questions about each country) and “Combat” (the goal is to conquer a flag and answer some questions on general war culture). “Have you registered these games?” “Only Combat, not the other”, he confess… the shoemaker's son… M Fabiana Culshaw
www.marcasur.com
ATTORNEYS IN THEIR FREE TIME
Quite An Adventure
Martin (in the middle) with his friends.
Down the river, unstoppable.
“Pain is inevitable, suffering is optional” Budha
“Sport is the best therapy. I played rugby until I was 26, I practiced football, boxing and squash afterwards… but none of these sports worked for me as adventure racing does” said Martin Pittaluga, partner at Pittaluga Abogados. Martin has been practicing this sport for three years and in 2015 he even participated in the national circuit organized by the Adventure Racing National Association. The annual race calendar of the Association alternates places and distances, which can go from 70 to 300 km. 55
Triathlons are more demanding. They include rowing, mountain bike and trekking, and they do not have a specific route, so you need to have sense of direction. Competition teams have between two and four members, who put their own route together, based on a map they are given at the start, where they can find control cabins they must all go through. “Races take place out in the country, beaches, hills, wetlands and streams” explained Martin. Martin trains between 9 to 15 hours weekly and woks with two personal trainers: one for general training and the other for technical aspects of each discipline. “I love these three activities. Changing from one discipline to the other during the race means you never saturate yourself with any of them and even if you do, you know you just need to go a little bit further before changing to the next” he says. “Team work, sacrifice, hard work, focus, physical and mental health and the satisfaction of reaching your goals are the key elements to make this a very special sport” he added. Martin compares triathlons with his professional activity. “You must endure difficult moments in both of these activities, during which mood, pain and feelings vary. Team support is fundamental for success. Nothing is achieved individually, you need to work together” he claims. Planning, strategy and decision making are needed both in the professional activity and this sport. “Failing at any of these aspects professionally could cause great losses. Likewise, failing at any of these aspects during a race may result in dropping out of the competition” he explained. From now on, Martin will prepare for competitions to take place this year. He has clear goals, but enjoys the journey. M Fabiana Culshaw
www.marcasur.com
TRAVELLING / PUERTO RICO
The Enchanted Island Gozalandia, ideal for bathing under the waterfall 56
www.marcasur.com
View from Cueva Ventana.
What do some of the best beaches in the world, a thrilling night life; a tropical forest and the biggest single-dish radiotelescope have in common? They have a brand, a destiny and a country in common: Puerto Rico. They are all part of this varied tourist experience, located in a small but diverse Caribbean island. Anyone who claims to know Puerto Rico but has not visited it is really missing out on a lot. The official currency it the dollar and American citizens do not need passport to enter the country. In spite of being part of the USA territory, Puerto Ricans speak Spanish, although most citizens are bilingual. When planning a visit to Puerto Rico, you have so many options that it is important to have clear which are your interests and how many days you will stay. City dwellers can find modern hotels around Old San Juan, Condado, Isla Verde and Dorado. You can find for example the six-star hotel Dorado Beach Ritz Carlton Reserve, also El Condado Hotel located in Old San Juan at the old monastery (from 1646), other boutique hotels, as well as hostels located opposite to the beach. www.marcasur.com
Puerto Rico is considered one of the best shopping destinies in the region; Plaza las Americas is the biggest in the Caribbean and the second biggest mall in Latin America. The Mall of San Juan offers luxurious and exclusive boutiques from all around the globe. Cuisine lovers can enjoy both local and international dishes: French, oriental, contemporary, American and the new Puerto Rican cuisine. Puerto Rico has undergone five years of changes that make of this the perfect place for art, architecture, museums and tradition lovers. Old San Juan is one of the oldest historic centers in America. Walking down these cobble stone roads and visiting local restaurants on Fortaleza street –better known as Sofo– is quite an adventure. Visiting the San Felipe del Morro castle, a Spanish fortress from the XVI century, a World Heritage site, completes this experience; visiting a city and country full of contrasts, where ancient and modern elements harmonically co-exist. Puerto Rico has some of the best beaches in the world. This island is not very big, for which is very easy to visit all of its marvelous beaches: Isla Verde and Condado in (North); Luquillo (East), 57
Cabo Rojo (West) and Guanica (South). Likewise, the island has some of the best surfing destinations worldwide, especially in the Rincon, Aguadilla and Isabela areas in the West coast, where international competitions are held annually. Puerto Rico also has something to offer to nature and ecotourism lovers: El Yunque, the unique sub-tropical rain forest in the USA, a waterfall and ecosystem paradise. You can also visit Toro Verde, located at the center of the island in the lush mountains of Orocovis, with one of the most extensive Zip Line systems in the world, known as “La Bestia” (the beast). Puerto Rico has not one, but three of the most brilliant bioluminescent bays in the world. Bioluminescence is the blue greenish light produced by some organisms undergoing chemical reactions, which can be appreciated at night, while taking a kayak ride from Vieques, La Praguera en Lajas o Fajardo. The Arecibo radio telescope, located in the north of the island, was the first and biggest single-dish radio telescope built in 1960. It has a 305-meters diameter and was the biggest telescope in the world until recently when the RATAN600 telescope was built in Russia, with a dish diameter of 576 meters. It was used for 50 years and it allowed, because of its location near the Ecuador, to observe all planets in the solar system. The “Parque de las Cavernas del rio Camuy” located in Camuy, near Arecibo, has the third biggest cave systems in the world, from which you can appreciate the Sumidero Tres Pueblos, a giant natural sinkhole and the 170-feet-high Cueva Clara, the main cave in the system, full of stalactite and stalagmite.
San Felipe Casttle in San Juan Morro.
Strolling on Vieques beach.
58
www.marcasur.com
MARCASURTRAVELLING
Guajacata, Utuado.
Other tourist atractions: Bosque Seco de Guanica, Parque de bombas de Ponce, Vieques and Culebra islands, the Mayagüez zoo and the Bacardi distillery. Who would have believed that Puerto Rico, with such a small geographical extension –100 miles long and 35 miles wide– would have absolutely everything between its mountain, beaches and cities? What are you waiting for? Go ahead and plan your visit to the island during our next ASIPI meeting, on March 19 to 21, 2017. M We thank Dra. Maristela Collazo Soto (Ferraiuol LLC), San Juan, Puerto Rico, for piece of writing.
www.marcasur.com
59
THIS EDITION IS SUPPORTED BY: