FIRST LATIN AMERICAN INTELLECTUAL PROPERTY MAGAZINE / Nยบ 68 JANUARY-MARCH 2018
ARTIFICIAL INTELLIGENCE & LAWYERS LTD. LATINSTATISTICS INDUSTRIAL DESIGNS IN THE REGION
ASIPI PANAMA THE FRIENDSHIP CANAL
THIS EDITION IS SUPPORTED BY:
CONTENT
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Artificial Intelligence & Lawyers Ltd
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6.
Editorial and staff
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Latinstatistics. Slight increase in industrial design applications
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Marcasur reports
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Main article. Artificial Intelligence and Lawyers Ltd
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Event ASIPI in Panama. The friendship canal
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Marcasur Roundtables. New experiences
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Event AIPPI in Australia. Anniversary between kangaroos
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Free time.
Latinstatistics Increase in Industrial Designs
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ASIPI Panama
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www.marcasur.com
staff
Director and Editor-in-chief: Juan Pittaluga juan@marcasur.com Editor: Fabiana Culshaw fculshaw@marcasur.com Digital Media Department: Juan Francisco Pittaluga francisco@marcasur.com Commercial Department: Mei-lin Che mche@marcasur.com Social Media Manager: Cintia Ferreiro cferreiro@marcasur.com Director of new contents: Karina Gonzรกlez kgonzalez@marcasur.com Communications: Claudia Azambulla czambulla@marcasur.com
EDITORIAL MARCASUR has been published on paper and in a digital format for more than 20 years and covers all the IP information of Latin America, as well as the social and professional events that are related to the profession. We are leaders in legal communication and IP in Latin America. We also publish digitally MARCASUR INTERNATIONAL twice a month in English and, with the four magazines that are published in Spanish, we prepare four special and summarized English digital editions. M
Digital Media Design: Natalia Domingo ndomingo@marcasur.com Contributors: Daniel Lamas dlamas@lamasgrimaldi.com.uy Teresa Pereira tere@marcasur.com Victoria Pereira victoria@pereiramarketing.com
Juan Antonio Pittaluga Founder and Editor of
MARCASUR
Graphic Design: LP / arte visual Correction: Alejandro Coto Printing: Grรกfica Mosca
MARCASUR Number 68 2018 Cont. Echevarriarza 3535 A, 1501 CP 11300 Montevideo, Uruguay Tel: (598) 2628 4604 Fax: (598) 2623 2957 info@marcasur.com
ISSN 1688-2121 D.L. 354.155 Comisiรณn del Papel. Publication protected by Decree 218/96
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LATINSTATISTICS
Slight increase in industrial design applications THIS IS THE FIRST TIME THAT LATINSTATISTICS OFFERS A STATUS OF INDUSTRIAL DESIGN APPLICATIONS IN LATIN AMERICA. WE SELECTED THE COUNTRIES OF THE REGION WITH THE HIGHEST NUMBER OF APPLICATIONS: BRAZIL, MEXICO, ARGENTINA, COLOMBIA, CHILE AND PERU. DESPITE THE FACT THAT BRAZIL'S POLITICALECONOMIC CRISIS HAS HAD AN IMPACT ON THE REGION, THERE HAS BEEN A SLIGHT GROWTH IN THE INDICATOR.
Brazil, Mexico, Argentina, Colombia, Chile and Peru, in that order, are the six countries in the region with the highest number of industrial design applications, a total of 56,130 in the last five years. In 2016, they sum up to 13213. Brazil leads by far, with 25,502 applications in the last five years, followed by Mexico with 16,394 and Argentina with www.marcasur.com
6,083. The other countries are far behind: Chile (1,863), Peru (1,480) and Colombia (3,241). Between 2014 and 2015, there was a global decrease of 1.98%, due to losses registered in Brazil and Mexico. Between 2015 and 2016 there was a slight recovery which led to a rise of 0.85% in the studied countries. In 2016, there were 9
a total of 13,213 industrial design applications. Although Brazil leads the ranking of number of applications, it registered a fall of 8.4% in 2015 and 0.2% in 2016. This impact is probably due to the political-economic crisis experienced by the South American power during the first months of 2015 and that led to the worst recession in its history. It must be remembered that the Brazilian economy contracted close to 3.8% in 2015 and the unemployment rate reached 11.8% in September 2016; all the indica-
tors of the country were affected. While Mexico and Argentina picked up in number of applications in 2016, the other countries showed a downturn. Colombia registered a decrease of 26% in 2016, the most pronounced in comparison with the rest of the countries. The decrease in applications in most of the countries of the region is due, generally, to the lack of economic incentive for the creation of national models, to the lack of investment in research and to the limitations of the Latin American markets.
According to the most recent report of the World Intellectual Property Organization (WIPO), the global activity on drawings and industrial designs increased a 10.4% in 2016, reaching a total of 963,100 applications containing 1,200,000 drawings or models. These applications were led by: China (650,344), the European Union (104,522), the Republic of Korea (69,120), Germany (56,188) and Turkey (46,305). This contrasts with the figures of the Latin American countries, which handle significantly lower scales.
INDUSTRIAL DESIGN APPLICATIONS Country Argentina Brazil Chile Colombia Mexico Peru Total
2012 1.567 6.675 600 650 4.137 407 14.036
2013 1.465 6.847 648 761 4.011 500 14.232
2014 1.384 6.590 409 577 4.088 319 13.367
2015 1.581 6.038 405 720 3.999 358 13.101
2016 1.653 6.027 401 533 4.296 303 13.213
Total 7.650 25.502 1.863 3.241 16.394 1.480 56.130
Variation Variation 2014-2015 2015-2016 14,2 4,6 -8,4 -0,2 -1,0 -1,0 24,8 -26,0 -2,2 7,4 12,2 -15,4 0,85 -1,98%
TOP 3 RANKING 2016 Country
Industrial design applications
Brazil
6.027
Mexico
4.296
Argentina
1.653
Total
11.976
Residents and non-residents Most of the countries studied show a similar number of applications filed by residents and by non-residents. In the total average, 50.5% of the presentations were filed by non-residents. RESIDENT AND NON-RESIDENT APPLICATIONS IN 2016
Country Argentina Brazil Colombia Chile Mexico Peru Total
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Residents 1063 3.400 227 58 1.696 102 6.546
% residents 64,3 56,4 42,6 14,4 39,5 33,7 49,5
Nonresidents 590 2.627 306 343 2.600 201 6.667
% nonresidents 35,7 43,6 57,4 85,6 60,5 66,3 50,5
Total 1.653 6.027 533 401 4.296 303 13.213
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Below we present the detail of each country in terms of industrial design applications, with explanations provided by experts consulted by Marcasur.
BRAZIL The Latin American giant has been reporting a systematic drop in the indicator for industrial design applications in all the years studied (from 2012 to 2016), especially in 2015. We consulted Luiz Otavio Pimentel, President of the National Institute of Industrial Property (INPI), and he mentioned that “the economic crisis of 2014-2015 is one of the fundamental factors of the decrease
observed, not only in the number of applications for industrial design registrations, but in the utility modelsÂť. Even though 2016 has not shown visible improvements, Pimental pointed out that INPI detects some positive indicators. In fact, from September to December there was a slight increase in the number of applications compared to the previous months of that year. Most applications are
filed by residents, followed by North Americans, Japanese, French, Germans and Swedes, in that order. Regarding the areas of activity, in Brazil, design applications in matter of furniture, transportation, clothing and packaging stood out.
INDUSTRIAL DESIGN APPLICATIONS IN BRAZIL, 2012-2016 Year Residents 2012 3.826 2013 3.818 2014 3.693 2015 3.288 2016 3.400 Total 18.025 Source: INPI
% residents 57,3 55,7 56,0 54,4 56,4 56,0
Non-residents 2.849 3.029 2.897 2.750 2.627 14.152
% non-residents 42,7 44,3 44,0 45,6 43,6 44,0
Total 6.675 6.847 6.590 6.038 6.027 32.177
INDUSTRIAL DESIGN APPLICATIONS, 2016
Se pt em be r Oc to be r No ve m be r De ce m be r
INPI is working on the consolidation of the First Examination Manual, a document that will compile and describe the procedures of the Brazilian autarchy in terms of industrial design. The manual will gather valuable information for the examiner and for those who wish to file applications. It will be published during the first months of 2018.
Au gu st
Ju ly
Ju ne
M ay
Ap ril
M arc h
Jan ua ry Fe br ua ry
New examination manual
Fuente: INPI
APPLICANTS ACCORDING TO TYPE OF COMPANY
DISTRIBUTION BY COUNTRY OF ORIGIN, JANUARY 2017 Others Swiss Germany
Natural persons
France Education and research institutes and government
Japan
Micro-companies Brazil USA
Large and medium companies
Others Brazil
Fuente: INPI www.marcasur.com
USA
Japan
France
Germany
Sweden
Others
Source: INPI 11
MEXICO Senate. ÂŤThe proposal includes some definitions that will be useful to better evaluate the registrability of an industrial design. It also contemplates a change in the validity, from fifteen years that cannot be extended to five extendable years, up to five equal periods. Another aspect that it promotes is to try to publish the design applications (and utility models) as soon as possible during the process, "he said. In his opinion, this initiative is an indication of the possible addition of Mexico to the Hague Agreement concerning the international registration of industrial designs. In terms of trends, IMPI has maintained the criterion of accepting graphical user interfaces (GUIs), both static and animated. "These type of applications, specific to industrial design, have experienced a general increase in recent months," Espejo Hinojosa added.
In a five-year period, Mexico reached its maximum number of industrial design applications (4,296) in 2016. It stands out in the region, after Brazil, with a total of 20,523 applications in the last five years. However, the Patent Office of the Mexican Institute of Industrial Property registers a downward trend in 2017, not significant. IMPI has made efforts to process and grant a greater number of applications in this matter. Between January-September 2017, it granted 2,300 applications, with which the year would be closing in about 3,070 applications; this is a 20% increase compared in relation to 2016. Most of the applicants come from Mexico, followed closely by the United States. Then comes Japan, among others. Octavio Espejo Hinajosa, an engineer from the firm Coca & Becerril, told Marcasur that an initiative to reform the chapter on industrial designs within the Industrial Property Law is currently being studied in the
INDUSTRIAL DESIGN APPLICATIONS IN MEXICO
Year 2012 2013 2014 2015 2016 Total Source: IMPI
Residents 1.954 1.749 1.769 1.729 1.651 8.852
% residents 47,2 43,6 43,4 43,2 38,4 43,1
Non-residents 2.183 2.262 2.311 2.270 2.645 11.671
% nonresidents 52,8 56,4 56,6 56,8 61,6 56,9
Total 4.137 4.011 4.080 3.999 4.296 20.523
DISTRIBUTION BY COUNTRY OF ORIGIN, 2016
Mexico 12
USA
Germany
Japan
France
UK
Others
Fuente: IMPI www.marcasur.com
ARGENTINA
REGISTRATIONS ACCORDING TO THE INTERNATIONAL CLASSIFICATION
Argentina shows a high consistency in industrial design applications submitted in the last five years. The highest figure in this period corresponds to 2016, with 1,653 applications. The majority refer to designs of packages and containers for the transportation or handling of goods, means of transportation and lifting, vehicles and signs and furniture, in that order. Gustavo Meijide, Director of Industrial Designs at INPI, told Marcasur that 5% of the applications of original registrations correspond to designs, which protect the threedimensional or two-dimensional form of an industrial product. Some successful cases cited by the INPI are: Essen (aluminum products company, which currently has five patents, 194 local brands, 168 brands abroad, 96 industrial models and 8 utility models); Siam Di Tella (company that manufactures domestic appliances, scooters, vans and televisions; at a time emblematic in the region); Zanella
Packaging and containers
Means of transport, vehicles and signals
Articles for domestic use
Furniture
Constructions and construction elements
Others
Source: INPI 2012-2016.
(marked the history of Argentine motorcycling); Estudio Cabez (pioneer in the registration of urban designs); Ferrum (porcelain bathroom factory, with more than 90 protected industrial models and designs and almost 500 registered brands).
INDUSTRIAL DESIGN APPLICATIONS IN ARGENTINA
Year Residents 2012 736 2013 703 2014 798 2015 1.050 2016 1.063 Total 4.350 Source: INPI
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% residents 47,0 48,0 57,7 66,4 66,3 56,9
Non-residents 831 762 586 531 590 3.300
% nonresidents 53,0 52,0 42,3 33,6 35,7 43,1
Total 1.567 1.465 1.384 1.581 1.653 7.650
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CHILE Between 2012-2016, 354 industrial design and drawing applications were filed by residents of Chile, equivalent to 14.4% of the total, and 2,109 of non-residents, equivalent to the remaining 85.6%. The annual average in the five-year period was 463 applications. The drop that was experienced is basically explained by the decrease of applications from Korea, Sweden and France, according to the INAPI. Resident applications recorded a strong increase in 2016, counteracting the downward trend that was reflected from 2012. This increase was of 101% in 2016 compared to 2015. Maximiliano Santa Cruz, National Director of the National Institute of Intellectual Property (INAPI), indicated to Marcasur that "despite the growth of design in the country, the use of the protection system in this matter is very low, basically because it is a rather long and expensive procedure». In his opinion, protection should be much more agile and in accordance with the changes in the sector and the needs of the users. "It should also be in accordance with the most advanced legislation on these issues, basically Europe, in each of its countries, and the community legislation," he added. Currently there is a bill in the Chilean Congress that proposes a system of mere filing industrial designs and drawings, as an option to the national procedure, which without recognizing industrial
Ita ly So ut h Ko re a Ne th er lan ds Pa na m a
Br az il
Sp ain Ge rm an y M ex ico
Ch ile
Sw iss Fra nc e
Jap an
US A
The Caribbean country added 3,241 industrial design applications in the 20122016 period, of which 533 were filed in 2016. In that five-year period, the greatest growth occurred in 2013, when applications increased to 761. 57% of the applicants were non-residents. Among the non-residents, United States and Japan stood out. Most of the applications were filed in Bogotá, Antioquia and, to a lesser degree, Valle del Cauca and other departments of the country. Colombia's largest applicants are: Organización Terpel (fuel distribution), Colombian Ceramic Company, Honda Motor Co., Nissan, CMPC Tissue S.A., Dart Industries, Evacol S.A.S., according to the Ministry of Industry and Commerce.
MAIN APPLICATIONS ACCORDING TO COUNTRY OF ORIGIN
Co lom bia
COLOMBIA
Source: Ministry of Industry and Commerce of Colombia
property rights, grants a date to the presentation of an application, whose substantive examination can be requested by the owner of the filing or a third party, at any time. "This proposal is an incentive to create and innovate in this area, because it reduces costs and time in the procedures," said Santa Cruz. The protection of industrial drawings and designs in Chile is subject to a
ten-year, non-renewable term, unlike other legislations such as the European, Argentina, Brazil and Mexico, and even the Hague Agreement itself regarding this type of registration, where the period of time can reach up to 25 years.
APPLICATIONS IN CHILE, ACCORDING TO COUNTRY OF ORIGIN, 2012-2016
United States
Chile
Japan
Source: INAPI Chile
RESIDENT APPLICATIONS IN CHILE, 2012-2016
Number of applications
Source: INAPI Chile 14
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PERU RESIDENTS AND NON-RESIDENTS APPLICATIONS, 2012-2016 The number of applications for industrial designs remained stable in Peru between 2012 and 2016, according to data from the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI). In 2016, the number was 303 applications. The number of applications from nonresidents represented in the period between 63.4% and 75.5% of the applications filed, according to the year. INDECOPI indicated to Marcasur that there has been a continuous growth of utility model applications as of 2012, especially from residents, attributable to the creation of the Sub-Directorate for Patent Promotion of the Inventions and New Technologies Office in the organization in 2011.M
Residents 30.3% Non-residents 69.7%
Source: INDECOPI
INDUSTRIAL DESIGN APPLICATIONS IN PERU
Year Residents 2012 101 2013 134 2014 104 2015 131 2016 102 Total 572 Source: INDECOPI
% residents 24,8 26,8 32,6 36,6 33,7 30,3
Non-residents 306 366 215 227 201 1.315
Consulted Sources National Institute of Intellectual Property of Brazil (INPI) Mexican Institute of Intellectual Property (IMPI) Becerril, Coca & Becerril, S. A., Mexico National Institute of Industrial Property of Argentina (INPI) Superintendency of Industry and Commerce of Colombia (SIC)
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% nonresidents 75,2 73,2 67,4 63,4 66,3 69,7
Total 407 500 319 358 303 1.887
Brigard & Castro Intellectual Property, Colombia National Institute of Intellectual Property of Chile (INAPI) National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI), Peru
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MARCASUR reports Mexico: SPECIFIC IP CONSOLIDATES
2017 was a very important year for SPECIFIC IP not only because it participated in matters of great relevance in various areas such as patents, franchises, trademarks, industrial designs, industrial secrets but because it was a year of consolidation for this boutique firm. It incorporated three lawyers who are specialists or are specializing in the area of intellectual property: Javier Augusto Téllez Navarro, expert in the area of trademark and copyrights. He is a litigator in industrial and intellectual property and a lifelong tutor at the Academy of the World Intellectual Property Organization. Also, with incomparable experience, Ricardo Sánchez Gálvez, a graduate of the Autonomous University of Guadalajara with a Master's degree in Public Administration and a doctorate in
Financial and Tax Law from the Complutense University of Madrid, brings a 360º view of strategy to SPECIFIC IP. Montserratt Jiménez Sánchez, recently graduated from La Salle University, is taking more responsibilities in the office day by day, helping to strengthen the legal structure with full-time commitment. All of them with new ideas, guided and led by the knowledge of our partner Gilberto Sánchez Escárcega, with more than twenty years of solid experience in Intellectual Property. With this team, its procedures, its creativity in finding the most suitable solutions for its clients, SPECIFIC IP is headed to be a leading boutique firm in Mexico.
www.specificip.com
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MARCASUR reports PANAMA CEDEÑO & MÉNDEZ CELEBRATED ITS 25 YEARS
Cedeño & Méndez opened its doors as a law firm in 1992 and today it has broad experience in the corporate field, regulatory affairs and intellectual property. Over the years, the expansion to other business services inside and outside the borders has consolidated this firm in the national and international market.
Recently, Cedeño & Méndez celebrated its 25th anniversary with a warm reception to its team members from Panama, Central America and Colombia, with the presence of special guests. The event took place at the Hard Rock Hotel, in a festive atmosphere that opportunely served to recognize all those who have made possible the growth of the firm. This anniversary was also an occasion to strengthen the sense of belonging of Cedeño & Méndez's collaborators. During the year, various activities with this objective were organized by the Board of Directors, combined with the restructuring of the offices and employing more personnel. Cedeño & Méndez will continue providing the services that characterizes them, with a straight and efficient performance, and personalized and comprehensive attention to its clients. www.cedeymen.com
PARAGUAY BERKEMEYER FACES CHANGES
Berkemeyer was founded in 1951 by Hugo Berkemeyer with the view of creating a legal firm with international standards to meet the legal needs of companies. With that objective in mind, the firm expanded to different areas. Among these, one of the most recognized since its foundation has been Intellectual Property. Berkemeyer provides integral legal services of the highest quality,
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experience and innovation, and reinvents itself every day to sustain its competitive advantage. It has renewed its image as BKM | Berkemeyer and has opened a second office in the World Trade Center of Asunción, with large offices and the most advanced technology, in support of the excellent services provided and keeping up with the growth of the country and the entrepreneurs who manage
their business from this economic hub in development. This renewal also represents an institutionalization of the firm, which offers career plans to attract, develop and recognize the best talent, pro bono programs, organization of events with panels with the participation of international speakers. www.berke.com.py
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Main article
Artificial Intelligence and Lawyers Ltd.
NEW GENERATIONS OF SOFTWARE ARE STRONGLY MOVING FORWARD IN FIRMS IN THE UNITED STATES AND EUROPE.MEANWHILE, IN LATIN AMERICA THEY ONLY AWAKEN CONCERN, AT LEAST FOR NOW. ACCORDING TO A SURVEY CARRIED OUT BY MARCASUR ON THE IMPACT OF THIS PHENONEMON IN THE LEGAL INDUSTRY, SOONER THAN LATER, IT WIL CHANGE THEIR BUSINESS MODEL.
Law firms have started to integrate artificial intelligence. The cutting edge is at the United States where not only large technology companies are located (such as IBM with its Ross de Watson product), but many start-ups of visionary engineers dedicated to developing systems for this professional segment have emerged. A first wave of technology in the most recent years appeared with the www.marcasur.com
automated management of large volumes of information and the start-up of the cloud. Now, we are on the verge of a second wave, with intelligent tools of document review, legal research, expertise acceleration, contract due diligence, eDiscovery and others, which are used mostly in the northern country. There are programs of all kinds for the legal industry around the world, but few
are intelligent in the strict sense of the term, that is, with the capacity of selflearning and problem solving similar to human processes. The steps in that direction are incipient, although firm and accelerated. Since 2012 to date, more than 280 legal technology companies based in the United States are receiving millionaire figures to develop artificial intelligence 22
MAIN ARTICLE
products between 2020 and 2025. In Latin America they would be available later on.
Movements in Europe
Richard Fischer, feeling the pulse of the American market
software in this area. The contributions come from both legal firms and other areas. "Some law firms, the largest or pioneers, have started to use artificial intelligence, invest in technology companies for the legal area or have created committees to closely monitor this issue," lawyer Ricardo Fischer confirmed to Marcasur, partner of Arent Fox, from Washington DC. «Today, almost half of a lawyer's work can be automated. A job that would take ten hours can be done in just two, with technology, "he said. It is true that the impact of artificial intelligence is incipient and limited, but it is dramatic. «We are in a period of exponential companies. A small office, using technology efficiently, can be as or more competitive than a firm that doubles or triples in size, "Fischer added. The firms are mainly interested in analytical and predictive technology which gives objectivity to the results and risks, based on records of similar cases. Asia has its technological developments but up to date they do not have a relevant impact on the legal firms. This market is very focused on robotics and it is estimated that they will launch amazing
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Countries like England and Spain stay focused on the technological revolution. The major European firms are investing in digital projects and automation of processes. There is also a group of medium-sized firms, created by former partners of large firms, who have been born with a highly technological profile, therefore competing with the larger ones, especially regarding the fees. In third place, we can find the small firms, which are the vast majority and where technology has still not been implemented much. One of the most automated services in Spanish law firms is the diligence legacy processes, which allow to predict administrative and judicial decisions. This was learned by Alonso Hurtado, lawyer and partner in the IT, Risk & Compliance area of ECIJA, a full service firm with 200 people, which won the 2017 Forbes Award as «Firm of the year in information technology, intellectual property and privacy». The case of his firm exemplifies the tendency of the most developed law firms in Spain: Hurtado was a member of Lex-TIC, a boutique of technologies for the legal field, until he joined ECIJA six years ago. "The strategy of the leading Spanish law firms to integrate technological boutiques, or to invest in external developers, is growing in the country," he summarized.
Some of the European firms have focused on the Latin American market and have allied with local firms. In fact, ECIJA works for Mexico, Argentina, Chile, Peru, Uruguay, Dominican Republic, Puerto Rico and Costa Rica, through other firms that act as local partners. On average, Spanish law firms with financial muscle invest 2% of their annual budget in technology and knowhow. However, they are the tip of an iceberg of many others that have not yet done so.
Latin America remains behind In this part of the world there is an awareness that the legal profession is being transformed by the incorporation of technology, but the experiences with artificial intelligence itself are rare.Why is Latin America so far from the United States? It is a fact that there has always been a delay in technological advances from one geographical area to another. Another factor is that artificial intelligence systems are extremely expensive for Latin American markets.
Artificial intelligence in evolution The term artificial intelligence is applied when a machine imitates the cognitive functions of human minds, such as learning and solving problems. Otherwise, no matter how advanced the program or the system is, if it does not carry out those functions, it is not considered intelligent in the strict sense. The concept is evolving. For example, the optical recognition of characters is no longer perceived as artificial intelligence, since it became an ordinary technology. The cornerstones of artificial intelligence are: search for results of all the states produced by possible actions; genetic algorithms (like the DNA chain evolution process); artificial neural networks (similar to the physical functioning of the brain) and reasoning through a formal logic comparable to human abstract thinking.
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MAIN ARTICLE «THE CUTTING EDGE IS UNITED STATES, WHERE THE BIG TECHNOLOGY COMPANIES ARE AND MANY START-UPS OF VISIONARY ENGINEERS»
Digital revolution
Alonso Hurtado, connoisseur of legal technology boutiques
Also, in the United States many systems have been developed to facilitate the investigation of jurisprudence and, although jurisprudence in Latin America is relevant, it is not as relevant as in the northern country, according to the lawyers consulted for this purpose. Something else: for the development of technologies in law firms it is required that all cases be digitized or electronically attached, which is not always the case in Latin America. "The United States began to digitize information to optimize case searches in the 1980s, that is why it is a step ahead," Fischer said. Finally, we must not forget that, generally, the legal industry in the region is not inclined to explore new features, especially when we are talking about investments worth billions of dollars. IBM's Watson, for example, is establishing itself in the financial and insurance market, but not so much in the legal sector. Brazil, Mexico and Argentina tend to be leaders in the region and, in fact, their law firms have made important technological advances, although without the leap to machine learning or artificial intelligence in general. Marcos Santiváñez, partner in charge of the Intellectual Property, Privacy & New Technologies area of B ruchou, Fernández Madero & Lombardi, said: "In Argentina we have enormous databases that we access from the cloud and advanced search engines, we are on the alert for innovations but the levels of billing of the offices are far from being compared with those of Europe and the United States ». www.marcasur.com
At the Web Summit, the most important event in the digital world, which took place in Lisbon in November 2017, the idea that artificial intelligence could eventually displace human beings was mentioned. A study carried out by the University of Oxford indicates that, in just over a decade, robots could occupy 47% of the jobs that exist today. This would be equivalent to two billion new unemployed on the planet. For its part, the Organization for Economic Cooperation and Development (OECD) predicted that in 12 years, 12% of the jobs in the most developed economies could disappear. The World Bank projects that more than 50% of the jobs could be carried out by robots. Former president of France, François Hollande, said that "we must prevent technology from producing more inequalities".
The lawyer refers not only to the costs of purchasing a technological license, but also to the expenses required by the parametrization for the specific practice of the firms, the implementation of the systems and the development of the organizational culture for the use of the new tools. In Latin America there are some new technology companies that are offering artificial intelligence systems, but they are not usually specific for legal firms, except for some modules. «The firms invest in advanced software development platforms that are not intelligent in a full sense, as basic searchers of
jurisprudence, searches for trademark antecedents by phonetic approximation, management and monitoring of digital files. Once costs of artificial intelligence are lower, the reality will change. We are living in a disruptive era and at some point, it will happen, "he said. "I do not know in Mexico or in any other Latin American country that works with artificial intelligence. There are some pioneers, in an exploratory way, but they are few, "confirmed Julián Vadillo, partner of Agency Firma in Mexico, a firm dedicated to the areas of intellectual property and design and brand creation.
Julián Vadillo observes the most traditional position in the region 24
MAIN ARTICLE «IN THE FUTURE, THE NEW BUSINESS MODELS OF THE FIRMS WILL HAVE A MORE COLLABORATIVE STRUCTURE»
"A SMALL FIRM, USING TECHNOLOGY CORRECTLY, CAN BE AS MUCH OR MORE COMPETITIVE THAN A FIRM THAT DOUBLES OR TRIPLE ITS SIZE”. Marcos Santivañez, attentive to changes in local markets
In his opinion, inhouse or third-party developments will increase in the region, especially in terms of searches or organization of information, but not so much for the interpretation of information or definition of legal strategies.
In a future Lawyers tend to think that they will not be replaced by robots in the future, but they do know that they must rely on new computer tools and start redefining the profession. "We do not think that technology will relegate lawyers, partly because professional associations have strict rules as to what can or cannot be delegated and, technology has not reached the stage of making strategic or final decisions as lawyers do; at least for now," Fischer said. Artificial intelligence is going towards more clearly to other areas of economic activity, but sooner than later it will reach the legal industry, because it saves time and increases efficiency. In litigation and patents, for example, it seems to have more impact. Everything indicates that in the coming years there will be more competitors in this industry,
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many of whom may act as strategic partners with each other. It is expected that new generations of lawyers will have a greater knowledge of use of intelligent information. At least, it is obvious that the market will look for lawyers with important knowledge in technology at the time of hiring or promotion.M
Fabiana Culshaw
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ASIPI // PANAMA
The friendship canal THE XX WORK SESSIONS AND ADMINISTRATIVE COUNCIL, ORGANIZED BY THE INTER-AMERICAN ASSOCIATION OF INTELLECTUAL PROPERTY (ASIPI), WERE CARRIED OUT IN PANAMA BETWEEN NOVEMBER 26 AND 29, 2017.
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Smiling. Elisabeth Siemsen do Amaral (Dannemann Siemsen Bigler & Ipanema Moreira, Brazil), Luis Henriquez (Márquez Henriquez Ortin & Valedón, Venezuela), María del Pilar Troncoso (Troncoso Leroux, Dominican Republic), Martín Bensadon (Marval, O'Farrell & Mairal, Argentina)
Estuardo Jáuregui (Jáuregui & Asociados, Guatemala), José Vega (J. Vega & Asociados, Panama), Oneyda Flores (Eproint, Belize)
Some 600 professionals attended, specialists in intellectual property topics, from all over the world, mostly from Latin America. Panama City, which has led the evolution of the continent in recent years, was a privileged venue to host this ASIPI event. The start-up of the Canal expansion, inaugurated a year ago, which allows the transit of large ships and has facilitated trade between the Atlantic and the Pacific, makes this city a commercial center of worldwide importance.
Pure elegance. Marissa Lasso de la Vega F. (Alfaro Ferrer & Ramírez, Panama) and Monique Ferrer (Alfaro Ferrer & Ramírez, Panama) www.marcasur.com
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Black and White. María del Pilar López (Zurcher Lawyers, Costa Rica) and María Rosa Fabara (Fabara & Compañía Abogados C.L., Ecuador)
Taking notes. Irene de Sola (De Sola Pate & Brown, Venezuela) and Marta Pequeño Manfredini (Ariboni, Fabbri & Schmidt, Brazil)
Meeting. Marcello Do Nascimento (David Do Nascimento Advogados Associados, Brazil) and Adriana López (García Barragán Abogados, Mexico)
Life in red. Roberto Emilio Gómez (Cedeño & Méndez, Panama), Victoria Taylor (Ryan Lussich & Asociados Abogados, Argentina), Andrea Possinhas (Gruenbaum, Possinhas & Teixeira Intellectual Property, Brazil) 28
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The academic topics were carefully thought out by the organizers, since most of them were current for Latin America, and presented by experienced panelists. Among the topics that attracted most interest: labels regulation at the initiative of governments, marketing and social-media issues and how firms use these resources. On the 26th the Administrative Council met as well as the more than forty Work Committees.
Colleagues. Fabiola Ninoshka Urrutia (Consortium Guatemala, Guatemala) & Suzanne de Tablas (Consortium CentroamĂŠrica Abogados, El Salvador)
Hao Ma (President of AIPPI) and Juan Pittaluga (Editor of Marcasur, Uruguay)
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Buddies. Sergio Luis Olivares Lobato (Olivares & Cía., Mexico) and Santiago Mayora (Mayora IP, Guatemala)
Pink power! Beatriz Ayala (Ayala & López Abogados, Venezuela), Manuel Polanco (Bolet & Terrero, Venezuela), María Fernanda de Polanco (Venezuela) and Rafael Covarrubias (PCM Abogados, Chile)
The attendees had the chance to engage in conversations with other professionals during the various social events organized especially for this occasion. We have no doubt that the attendees left with the idea of participating in the next events organized by ASIPI, in April (Bogotá) and in November (Rio de Janeiro).
Friends. Juanita Acosta (Dentons Cárdenas & Cárdenas, Colombia) & Flavio Belair Santi (Johansson & Langlois, Chile) 30
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Enjoying. Margarita Castellanos (Castellanos & Co., Colombia), Edy Guadalupe Portal (Portal & Asociados, El Salvador) and AnalucĂa Carrillo M. (Carrillo y Asociados, Guatemala)
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Family night. Alfredo Valencia (Estudio Valencia/Valencia Law Office, Peru) with his daughter and wife Andrea Valencia Arias Schreiber and Ana María Arias Schreiber de Valencia
Up and ready. Julio Vargas (García & Bodan, El Salvador) & Gabriela Fernández Larralde (Fernández Manzo y Asociados S.C., Mexico)
At the bar. Yolianna Arosemena Benedetti (Benedetti CL Abogados, Panama), Carolina Martínez (Espinosa Bellido Abogados, Peru), Karina Carmona (David Do Nascimento Advogados Associados, Brazil), Carmen Prieto Villegas (Jorge Mera & Villegas Abogados, Dominican Republic), Alejandra Valdez (Valdez Albizu. Abogados, Dominican Republic) 33
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Five to succeed. Freddy Paredes (Gabriel Patent & Trademark Office, Bolivia), Rodrigo Moreno Gutiérrez (Gabriel Patent & Trademark Office, Bolivia), Gilberto Sánchez (Specific IP, Mexico), Joaquín Fernando Escobar Cabezas (Escobar & Escobar, Bolivia) & Gustavo Noyola (Central Law, Guatemala)
French scent. María Luisa Arce-Torrecilla (Jacobacci Coralis Harle, France) & Paulo Parente Marques Mendes (Di Blasi, Parente & Associados, Brazil)
Exchanging with Marcela Robles (Kresalja IP, Peru) 34
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Smiling. Samuel Pamias (Hoglund & Pamias P.S.C., Puerto Rico), María Inés Herrera Flores (Barlaw - Barrera y Asociados, Peru), Carlos Cucurella (Fross Zelnick Lehrman & Zissu, P.C., USA)
Winners! Gordiano Casas Herrera (Unitalen Attorneys at Law, China), Jorge Allende (Allende & García, Peru), Justin Young (Dineff Trademark Law Limited, USA), Ricardo Gordó LLobell (Gordó Llobel & Asociados, Argentina), Sebastián Lovera (Ladas & Parry LLP, USA, Josep Carbonell (March & Asociados, Spain), Carlos González Valdez (Abril Abogados, Spain), Matías Hernán Mazzuchin (R.A. Durán & Asoc. S.R.L., Argentina), Eduardo Miravete Martínez (Martínez del Campo Abogados, Mexico), Luis Baz Baz (Elzaburu, Spain)
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PANAMA
Roundtables “NEW EXPERIENCES� WAS THE TITLE OF THE THIRD ROUNDTABLES ORGANIZED BY MARCASUR WHICH TOOK PLACE ON FRIDAY NOVEMBER 24, IN PANAMA
Toast with the panelists. Eugenio Torres (Ferraiuoli LLC, Puerto Rico), Eduardo Fonseca (Moffat & Co., Canada), Myrtha Hurtado (Novartis International, Swiss) and Juan Pittaluga (Marcasur, Uruguay)
The thirty assistants represented the most prestigious offices in Latin America.
Discussing ideas. 36
The panelists were: Myrtha Hurtado (who has a brilliant career as Global Head Trademarks & Domain Names at Novartis International AG, Basel, Switzerland), Ricardo Fischer (partner of Arent Fox, United States, who provides international distribution and market entry counseling to companies operating in Europe, Latin America, and the Caribbean), Eduardo Fonseca (partner of Moffat & Co., Canada, specialist in patents, industrial designs and obtaining plant varieties in the fields of life science and mechanics) and Eugenio Torres (partner of Ferraiouli, Puerto Rico, firm that leads the ranking of patent services in the United States by its number of cases, according to Docket Navigator Analytics). www.marcasur.com
Argentina vs. Mexico, Juan Bautista Vicetto (Izquierdo & Vicetto, Argentina) & Fernando Becerrril (Becerril, Coca & Becerril, Mexico)
Attentive. Cecilia Abente (Abente Stewart, Paraguay) & José Juan Méndez (Méndez + Cortés, Mexico)
Being heard. Martín Michaus (Basham, Ringe & Correa, Mexico) with Luis Alonso García (Estudio Echecopar, Peru) www.marcasur.com
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Supergirls. Victoria Pereira (Pereira Marketing, Uruguay), Cecilia Abente (Abente Stewart, Paraguay), Raquel Toñánez (Toñánez Ortiz y Asociados, Paraguay), Karina Carmona (David do Nascimento Advogados Associados, Brazil), Fabiola Sáenz (Consortium, Costa Rica), Monique Ferrer (Alfaro Ferrer & Ramírez, Panama), Myrtha Hurtado (Novartis International, Switzerland) and Ileana del C. Martinelli (Icaza, González-Ruiz & Alemán, Panama)
The event began with a brief presentation by each panelist, then the attendees were divided into four round tables in which the panelists took turns. The tables were coordinated by Juan Pablo Silva, Sergio Olivares, Enrique Cheang and Juan Antonio Pittaluga. Breaktime, Ramses Owens (Owens IPS, Panama), Fabiola Sáenz (Consortium, Costa Rica) & Mark Beckford (Larbeck Consultores, Costa Rica)
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The big round business table.
Afterwards, all the attendees were located at a large circle where they had the chance to discuss those topics they considered most interesting. At the end, a glass of wine was served. "We are pleased to have had the participation of such prestigious professionals who shed light on the future" were the final words of Juan Antonio Pittaluga. Soon Marcasur will be informing the date of its next business rounds tables in 2018. For more information: comunicación@marcasur.com. M
Cheers! Pedro Troncoso (Troncoso Leroux, Dominican Rep.) and Ramón Benedetti (Estudio Benedetti, Panama)
Table coordinators. Enrique Cheang (ECV & Asociados, Venezuela), Sergio Olivares (Olivares & Cía. Mexico) and Juan Pablo Silva (Silva & Cía., Chile) www.marcasur.com
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AIPPI // SÃDNEY
Bay bridge
Anniversary
between kangaroos
Everyone concentrated
The recently opened Sydney Convention and Exhibition Centre, a large and modern place with a spectacular view of the city's famous harbor, was the venue chosen for the event. The congress commenced with an Opening Ceremony and reception for 1400 attendees. The Opening Ceremony included an indigenous performance, life-size kangaroos and speeches from Francis Gurry, Director General of the WIPO and Patricia Kelly, Director General of IP Australia. At the reception, guests were able to enjoy cocktails, participate in several games and simulations, learn about Australia's native animals and chat with their colleagues.
THE ANNUAL CONGRESS OF THE INTERNATIONAL ASSOCIATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY (AIPPI), WHICH TOOK PLACE IN OCTOBER 2017, WAS PARTICULARLY IMPORTANT SINCE THE ASSOCIATION WAS CELEBRATING ITS 120TH ANNIVERSARY. 40
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Showing off Giving answers. HĂŠctor Chagoya (Becerril, Coca & Becerril, Mexico)
With style
Gala. Luiz Henrique O. do Amaral (Dannemann Siemsen Bigler & Ipanema Moreira, Brazil), Hao Ma (president of AIPPI), Elisabeth Siemsen do Amaral (Dannemann Siemsen Bigler & Ipanema Moreira, Brazil)
The panels and plenary sessions were dedicated to a wide variety of topics related to intellectual property, including health and pharmacy, music and sports, design, big data and more, with the participation of speakers and representatives of intellectual property offices. The participants worked on the resolutions and were informed about recent developments at the EPO, as well as an update on Brexit and the UPC. Top-level team! www.marcasur.com
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Successful events reinforced networking among professionals, such as the Women in IP at the O-Bar & Dining and the inaugural Young Members Forum, where future leaders were encouraged to improve their networking skills through a networking workshop. The event concluded with the Closing Dinner at the Luna Park in Sydney, a night exclusively for AIPPI guests. The dinner was preceded by carnival rides, a flash mob dance performance and fireworks. The next AIPPI World Congress will take place in Cancun, Mexico, in September 2018. Find more information at www.aippi.org. M
Toasting. Edy Guadalupe Portal (Portal & Asociados, El Salvador), Bernardo Herrerías (Hogan Lovells, Mexico), José Pablo Pérez Zea (Santamarina & Steta, Mexico), Liza Erazo (Erazo Muñoz & Cía., Colombia), Jurgen Faller (Tbk, Germany) & Stefan Konig (Tbk, Germany)
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FREE TIME
Towards a better quality of life As the lawyer and IP specialist, Martha Landívar from Bolivia, many people have become more aware of the importance of changing their life and work habits in favor of personal health and those who surround them. «My life was only about work, but for four years now I have been taking care of myself after receiving medical recommendation and personal consideration of the risks I was facing. I decided to change my habits, so I began to practice yoga; it was a decisive step to recover my life balance," shared Martha, enthusiastic about this initiative. This 56-year-old lawyer said that there is always time to improve. «At first I practiced hatha yoga with a teacher at the Brava Fitness institute who taught me to like this discipline. We tried to balance mind, body and spirit to give the best of ourselves», she said. Currently she continues with her yoga classes three times a week and has added, with the same frequency, comba, which is a mixture of dance with exercise, a perfect way to de-stress and have fun. "These classes include Latin dance, cumbia, sometimes merengue, with very nice choreographies», she explained. Since she began to exercise and meditate, Martha feels that her life has taken on another perspective. "Before I felt a strong tension, the burden of many responsibilities was huge. Then I widowed, and I did not mourn at the time; I kept working. Not taking care of oneself, takes its toll, " she said. Martha says that she did not realize that
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life was not just work and that there a balance had to be reached. "This happens to a lot of people, that is why I want to share my story. Today I practice yoga and I go to dance classes, I am in very good health and I do not visit the doctor anymore, "she said. «One comes out of yoga class feeling relaxed, quiet, renewed. I am also developing the habit of meditating more every day. It's like turning off a computer to recharge it and turning it on again with more energy, "she compared. A few months ago, Martha began her yoga teacher studies. "Not necessarily to teach," she clarified,
“but to provide relief to my family, my son and other people close to me who might benefit from what I learn and, in some way, can transmit." What would you recommend other lawyers who work long hours and live stressed? «That they must really achieve a balance. Otherwise, the body suffers, and the mind does not focus as it should, "she replied. Martha emphasizes that it is very easy to get carried away by the demands of work, but we must say: " I have to take care of my health, take care of my body and my mind. I need to take a break to continue ».M F.C.
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FREE TIME
Over the waves of Ipanema
A few decades ago, surfing on the beaches of Ipanema was prohibited. Perhaps that was what most attracted Eduardo Montaury at an early age. ÂŤI started practicing this sport at ten, together with my friends of my neighborhood. We loved being in the water and, despite all the rules that existed at that time, we got into the water with our boards to have fun, not caring about anything else," he remembers with joy. Today, Eduardo, 58, married and with 13 years old triplets (Joao, Julia and Felipe), is still a surf lover who surfs frequently. This Brazilian lawyer tells us what this passion produces: "Surfing has allowed me to make interesting trips and meet different people, at first in other beaches and then in other countries. "I enjoy being fit and, in the waves," he smiled. 45
When asking him if he ever participated in any competition, he confessed: "Yes, once, but I failed, which showed me, right from the beginning, that I should focus on law."
In Indonesia, he usually stays with his family or friends in boats between the islands of Sumatra or in the surf fields of Mentawai.
Eduardo thinks that surfing has some aspects in common with the legal profession; above all, the need to learn to wait for the right moment to act. This way, no energy is lost in frustrated attempts. "Pressing for the desired results often risks what has been "I am part of the surfing community beachieved so far," he warned. cause of the exchanges and because we share information on how to minimize the Another common aspect between the risks that the waves and this sport can practice of a lawyer and surfing is that "when you fall into the water, or you are cause," he said. losing a case, you have to focus on your One of his favorite places, besides his own breathing and the confidence to keep your country, is Indonesia. "There is almost head above water," he said. M total guarantee that the surfing conditions However, over time he has been developing skills, always away from competitions of surfing associations, perhaps seeking more freedom.
are always excellent, regardless of the season of the year,� he explained.
F.C.
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