FIRST LATIN AMERICAN INTELLECTUAL PROPERTY MAGAZINE / Nยบ 70 JULY-SEPTEMBER 2018
INTA in Seattle Latinstatistics Ups in trademark again! Latin American Events in Seattle
CONTENT
9
Latinstatistics. Ups in trademark again!
6.
Editorial
9.
Latinstatistics. Ups in trademark again!
13.
Marcasur reports
16.
Main article: INTA in Seattle
29.
Event BC&B. New horizons
33.
You have the floor. Judgement from Brazil
35.
Event Ferraiuoli. Good vibes
37.
Event Dumont. We had a blast!
39.
Attorneys in their free time I. Lights and shadows. Nuria Becerril
40.
Attorneys in their free time II. Tango. Cecilia Fernรกndez
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Main article INTA in Seattle
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staff
Director and Editor-in-chief: Juan Pittaluga juan@marcasur.com Editor: Fabiana Culshaw fculshaw@marcasur.com
EDITORIAL
Digital Media Department: Juan Francisco Pittaluga francisco@marcasur.com Commercial Department: Mei-lin Che mche@marcasur.com Social Media Manager: Federica Reyes freyes@marcasur.com Director of new contents: Karina Gonzรกlez kgonzalez@marcasur.com Communications: Claudia Azambulla czambulla@marcasur.com Digital Media Design: Natalia Domingo ndomingo@marcasur.com
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
Contributors: Daniel Lamas dlamas@lamasgrimaldi.com.uy Teresa Pereira tere@marcasur.com Victoria Pereira victoria@pereiramarketing.com
Juan Antonio Pittaluga Fundador y editor de marcasur
Graphic Design: LP / arte visual Correction: Alejandro Coto Printing: Grรกfica Mosca
MARCASUR Number 70 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 SPECIAL REPORT
Ups in trademark again! Latinstatistics offers a complete study of trademark in Latin America in recent years. A fundamental tool and in detail, to use in every firm.
TRADEMARKS
Latin America had a 6% increase in trademark applications from 2016 to 2017. At least in the last four years there have been constant and continuous increases in this indicator. Peru, Argentina, Brazil and Mexico are the countries with the highest percentage increase in 2017, according to Latinstatistics.
The increase of trademark applications in the region in the 2016-2017 period was higher than in 2015-2016, where a rise of 3.2% was recorded. In 2017, it was a 6%. The total number of applications in Latin America in 2017 was 675,859, while in 2016 it was 637,388. Latinstatistics report clearly shows that, at least in the last four years, there has been a systematic growth of trademark applications in the region, which went from 579,451 (2014) to 617,287 (2015), they continued rising to 637,388 (2016) and 675,859 (2017). This could be interpreted as an aware ness growth of institutions, companies and individuals about the importance of registering trademarks, and as a greater movement of activity at that level.
In any case, the indicator in Latin Ameri ca is much lower than in Asia and Europe, although above United States, according to the World Intellectual Property Organization (WIPO). It is important to point out that the results of this study slightly differ from previous editions of Marcasur (for example, Latinstatistics in edition number 70), given that we have adjusted the historical data and, in some cases, added other countries.
Of the total, nine countries experienced a growth and another nine a downturn, resulting in the above mentioned regional positive balance of 6.89%. Paraguay, Puerto Rico, Costa Rica and Cuba were the countries with the greatest downturn in the last year; the latter with -24.4%.
Among the countries studied, Peru and Argentina experienced the largest growth in trademark applications in 2017, compared to 2016; these were 26.7% and 23.6%, respectively. They were followed by Brazil, Mexico and Uruguay, in that order.
* The data from Bolivia comes from reliable sources, but it is not official, only an estimate. ** The total number corresponds to the period 2014-2016. *** In Marcasur No. 70 the results were slightly different, given that the we did not include Bolivia. www.marcasur.com
2017 Top five TRADEMARKS Country
Trademark applications
Brazil Mexico Argentina Chile Colombia
186.103 153.853 87.801 45.008 42.725
In absolute terms, the leaders of the region are Brazil and Mexico, followed far behind by Argentina; then come Chile and Colombia, with similar values. This top five is consistent to previous years and it is due to the correlation of the indicator with the size of those countries. Although Brazil and Mexico had an important increase in trademark applications in the 2016-2017 period -of 11% and 12%, respectively-, they were not the highest in the region, led by Peru and Argentina.
Most of the trademark applications filed in the countries studied were filed by residents (73.5%), compared to 26.5% of non-resident applications. These percentages represent a slight increase in trademark applications filed by residents in relation to 2016, when they reached 69.4%. The only countries where applications were filed mostly by non-residents in 2017, were Cuba (79.5%) and Uruguay (59,5%)
(*) The total number corresponds to all the countries, although the percentage of residents and non-residents is missing in some cases.
Percentage of residents and non-residents
IN NUMBERS
6% was the growth of trademark registrations in Latin America between 2016 and 2017.
73,5 %
675.859 trademark registrations were filed in Latin America in 2017.
26,5 %
186.103 applications were filed in Brazil, leader in the region in that indicator.
26,7 % is the highest increase of trademark applica tions in 2017, in Peru.
24,4 % is the greatest downturn in 2017, in Cuba
BRAZIL
CHILE
Like in almost all the countries of the region, most trademark applications in Brazil are filed by micro-enterprises (almost half the number), followed by large and medium-sized companies and natural persons (around 20% to 25% each). In the last four years, the highest number of trademark applications in Brazil was in 2017 and that trend continues in 2018.
Trademark applications in Chile in 2017, have been slightly lower than in 2016: 45,008 compared to 45,284. This difference is not significant, considering that it has had a continuous rise, maintained in previous years.
TOP FIVE MEXICO Trademark applications in this country have been increasing fastly, especially in the last two years. There is also a significant increase in applications filed through the Madrid Protocol, according to WIPO. For example, in the year 2013, 7,855 were filed through this system while in 2015 they reached 22,423. In Mexico, the delay in resolving a trademark registration without opposition is, on average, between 6 and 10 months.
ARGENTINA As Brazil and Mexico, Argentina also shows a steady growth in its trademark applications in the last four years. In general, non-residents who file trademark registrations in Argentina are from the United States, followed by Germany, Switzerland, Mexico and France. The delay in resolving a trademark resolution without opposition is from 10 to 14 months.
The International Trademark Association (INTA) decided to establish its regional office there in 2016. In a recent contact with Marcasur, INTA authorities confirmed that it had been a correct decision. In Chile, the average time for resolving a trademark resolution without opposition is between 2 and 4 months. This is not only the best time of the top five of this Latinstatistics study, but of all the countries of the region.
COLOMBIA In the last four years, the highest number of trademark applications in Colombia was in 2015 (44,262). In 2016, there was a slight decrease, reaching the 42,725 applications in 2017. The main residents who filed trademark applications in Colombia in 2017, were: Laboratorio Franco Colombiano (Lafrancol), Jerónimo Martins Colombia S.A. S. and Alpina Productos Alimenticios. Regarding non-residents: Medical International Laboratories Corp (Mintab), Amazon Technologies and Philip Morris Products SA. Non-residents who file trademark registrations in Colombia are from the United States, Germany, China and Spain, in this order.
Sources: INPI Argentina Guevara &Gutiérrez S.C., Bolivia Orpan, Bolivia INPI Brazil INAPI Chile Claro y Cía, Chile SIC, Colombia MWolf Méndez Abogados, Colombia IP Registry, Costa Rica Ideas Trademarks & Patents, Costa Rica OCPI, Cuba Barzallo & Barzallo Abogados, Ecuador National Registry Center, El Salvador Central Law, Guatemala Jauregui & Asociados, Guatemala Comte & Font, Guatemala Becerril, Coca & Becerril, Mexico García & Bodán, Nicaragua Guy José Bendaña - Guerrero & Asociados, Nicaragua Directorate General of IP Registry, Panama Benedetti CL Abogados, Panama Directorate General of IP, Paraguay Mesán Abogados, Paraguay Indecopi, Peru State Department, Government of Puerto Rico Ferraiuoli, Puerto Rico ONAPI, Dominican Republic J. J. Roca & Asociados, Dominican Republic National IP Office, Uruguay ECV, Venezuela
Like Mexico, the delay in resolving trademark applications without opposition in Colombia is between 6 and 10 months. Fabiana Culshaw Latinstatistics
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MARCASUR reports PERÚ DIEZ CANSECO ABOGADOS ENHANCES ITS INTELLECTUAL PROPERTY PRACTICE
Partners: Luis Diez Canseco, Juli Gutiérrez Zanelli, José Carlos Gonzales and Robert Venero
In April 2018, Diez Canseco Abogados celebrated the addition of a new partner. Juli Gutierrez Zanelli joined the law firm, bringing her extensive and important experience in intellectual property and enriching the firm´s practice in this field. Juli is a lawyer graduated from the Pontificia Universidad Católica del Perú, and she holds a Master's Degree in European Union Law from the Universidad Complutense de Madrid, Spain. Before joining Diez Canseco Abogados, she was partner at Muñiz Law Firm, where for more than 14 years was in charge of the Intellectual Property International Department. Among other professional activities, in 2008 she joined the international lawyers program of one of the most important law firms in Beijing, China and currently is one of the Peruvian Delegates of the Inter-American Association of Intellectual Property (ASIPI) and Director of the Peruvian Association of Intellectual Property Director (APPI). Diez Canseco Abogados is a boutique law firm, opened in August 2016 by founding partners Luis Diez Canseco and Robert Venero, later joined by José
Carlos Gonzales. All of them are graduates of and professor´s at the most prestigious Peruvian universities. They have a vast experience in competition, unfair trade practices, advertising and telecommunications law, both in the public and private sector. Shortly after beginning operations, the Firm was recognized by prestigious international publications as a leader in these fields of law. Its name partner, Luis Diez Canseco, is a renowned lawyer who worked at the United Nations Conference on Trade and Development (UNCTAD), the World Bank (WB) and the World Intellectual Property Organization (WIPO). In 2013 was nominated and later elected as the Peruvian Judge at the Andean Tribunal of Justice (ATJ), where he held the position of President during 2015. The vast majority of cases before the ATJ are related to intellectual property. The experience of Luis as a judge and professor of law complements that of Juli, who will contribute with her executive and management capacity as well as her knowledge of the intellectual property market needs. With the support of a team of professionals, the firm is now
the service of their clients to provide comprehensive and personalized advice in intellectual property. Diez Canseco Abogados team is enthusiastic to have Juli on them. "She is a renowned professional who, in addition to her outstanding performance at work, has impeccable academic credentials and is very committed to collaborate with the institutions in which she actively participates. Plus, she is an extraordinary person who shines for her human sensibility and undeniable sympathy,” they said in an interview with MARCASUR.”
@: jgutierrez@dclegal.pe @: ldiezcanseco@dclegal.pe W: www.diezcanseco.pe www.marcasur.com
MARCASUR reports
Venezuela AYALA & ASOCIADOS RENEWS ITS STRENGTH AND BETS ON EXCELLENCE Beatriz Ayala Cherubini, founding partner. With an outgoing legal background and an extensive experience in providing services in the area of intellectual property in Venezuela, Beatriz holds a Master’s Degree in Intellectual Property, Honorable Mention. She is also member of INTA. During several periods, Beatriz has been delegated by Venezuela to ASIPI and for two decades she has been a very active member of the Association. Chambers & Partners has highlighted her name in successive editions as a leading lawyer in her specialty. She was the winner of the first Marcasur Excellence Award 2013 and more recently, she was awarded as one of 2018 Best Lawyers.
The team of Ayala & Asociados in their office, under the framework of the imposing landscape of El Ávila. Diana París Porrúa, Mariana Franco Paoli, Beatriz Ayala Cherubini and Bárbara Rivero Pérez.
Ayala & Asociados is a prestigious Venezuelan firm led by Beatriz Ayala Cherubini, a specialist in intellectual property with more than 20 years of experience. This knowledgeable team of lawyers, both in the area of intellectual property and entertainment law, works with international standards of service, commitment and loyalty to our clients. They have internationally recognized by Chambers & Partners Latin America 2015-2016, as one of the leading firms in Venezuela. Our main focus is the full and timely satisfaction of our clients through a customized service supported by extensive network of international correspondents, working from our main office in Caracas because we keep betting on the future of country, Venezuela.
@:bayala@ayalayasociadosip.com W:www.ayalayasociadosip.com
MARCASUR reports Costa Rica MORA MARTIN IP
MORA MARTIN IP is a law firm specialized in intellectual property and health registrations which initiated operations on May 1st, 2018, a symbolic Labor Day, in San José, Costa Rica. Melissa Mora Martin founded and directs the firm with the commitment of continuing providing services with the quality and efficiency that have distinguished her name for over 12 years of experience in the intellectual property and regulatory fields in the region. The experience and expertise of her team in these areas allow her to offer her clients the centralization of their regional portfolios, and provide them with integral and tailor-made strategies and solutions, in a very proficient manner . The MORA MARTIN IP team includes the attorneys Irene Castillo Rincón and Rodrigo Munõ z Ripper, as well as paralegals, administrative assistants and pharmaceutical and chemical regents. The MORA MARTIN IP offices are located in the western part of San José, in
Avenida Escazú, Torre Lexus, 4th floor. About its founder: before founding MORA MARTIN IP, Melissa was a partner and director of the intellectual property department of Pragma Legal between September 2015 and April 2018, as well as in Rucavado & Rucavado Abogados, with the same position from 2012 to September 2015; also, she was an Associate in the firm E-Proint between 2005 and 2012. Melissa focuses her practice on advising in relation to trademarks and patents portfolios, including piracy and trademark infringement, as well as contractual issues of intangible assets, technology transfer, etc. Further, she has a wide experience in regulatory affairs and sanitary registration processes in Costa Rica and Central America, and regularly advises regarding the compliance and procurement of sanitary registrations for all kind of goods. She actively participates in several national and international associations and committees related to intellectual property and sanitary registrations; her most recent appointment was in the Board of Directors of the Observatory of Illicit Trade of the Costa Rican Chamber of Commerce. Personal information: Melissa is a twin and mother of two boys: Jorge (20) and Mathias (16). Her favorite sport is swimming, as she for many years was part of the Costa Rican national swim team. She also loves running and is currently running marathon, at least once a year.
@: melissa@moramartin.com W: www.moramartin.com
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FEATURE ARTICLE
INTA in Seattle
THE INTERNATIONAL TRADEMARK ASSOCIATION (INTA) CELEBRATED ITS ANNUAL MEETING IN SEATTLE, WASHINGTON, FROM MAY 19 TO 23. WITH THE PRESENCE OF INTERNATIONAL AND LOCAL AUTHORITIES AND OVER 10.700 ATTENDEES, IT WAS AN OPPORTUNITY FOR PROFESSIONAL UPDATE AND INTENSE NETWORKING.
This image is a close-up photo shot of Seattle's "chewing gum wall." The wall is 15 meters long and 4.5 meters high. Although it may seem unusual, it is a tourist attraction in the city, located in an alleyway under the Pike Place Market in downtown Seattle. The tradition began around 1993 when local people in line for a show at Pots Alley's Market Theater, annoyed by the delay, began sticking their gum on the wall as a hobby. The result: a colorful wall of DNA. Theater workers scraped the gum away twice, but eventually gave up and the result is this urban attraction.
22
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EVENTO
Beatriz Ayala (Ayala & Asociados, Venezuela), Fernando Becerril (Becerril, Coca & Becerril, Mexico) & Mariana Franco (Ayala & Asociados, Venezuela)
Victoria Pereira (Pereira Marketing, Uruguay), Alejandro Breuer (G. Breuer, Argentina) and Agustina Martínez (G. Breuer, Argentina)
The Washington State Convention Center was the venue chosen for this event, attended by professionals from over 150 countries. Under the invitation «Experience the power», the INTA Meeting was especially attractive to brand owners, government representatives, advisers, academics, lawyers and other intellectual property professionals. Why Seattle? This city is a symbol of innovation and iconic brands, especially at times when brand owners around the world are identifying new opportunities and challenges. Some
of the challenges, for example, are the proliferation of online sales, which entail the threat of increased counterfeiting in different sectors, the increase of consumers' expectations, and the advance of new technologies that lead companies to strengthen the value of their brands. For five days, INTA organized panel sessions, courses, workshops, exchanges at work tables and informal meetings that fostered not only technical knowledge, but also the relationship between colleagues. More than one hundred committees, work teams and global advice joined the event, including the Exhibition Center with 150 booths, in which MARCASUR was present.
Sharin Pablo de Roca and Ana Paula Campusano, both from J.J. Roca & Asociados, Dominican Republic
Fabiola Sรกenz (Consortium Legal, Costa Rica), Suzanne de Tablas (Consortium Legal, El Salvador), Darlis Gordon (Consortium, Nicaragua) and Guadalupe Rojas (Fernรกndez Oropeza & Asociados, Mexico)
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Rodolfo Martínez (Martínez & Asociados, Brazil) and Julián Bendaña (Guy José Bendaña-Guerrero & Asociados, Nicaragua)
From Dominican Republic, María del Pilar Troncoso (Troncoso Leroux) and Ana Messina (Bufete Messina y Lugo IP)
Yolianna Arosemena (Benedetti CL, Panama), Tania Chen (Benedetti CL, Panama), Alejandra Valdez (Valdez Albizu, Dominican Republic) and Bárbara Angela Moisés Leitão (Di Blasi, Parente & Associados, Brazil).
Natalia Vera (Vera Abogados, Colombia), Marcela Cikato (Cikato, Uruguay) and Carolina Vera (Vera Abogados, Colombia)
Brands are becoming increasingly important for companies and consumers in the globalized economy. In that framework, which INTA assumes as a reality, trademarks of intensive industries contribute significantly to local economies, to the GDP of the countries and to the growth of employment. At the Opening Ceremony, President of INTA, Tish Berard, referred to the changes in matter of intellectual property. On the other hand, Neil Lindsay, Vice President of Global Marketing at Amazon.com, shared important moments of his career focused on the construction of brands. During the other days, excellent speakers shared their experiences. Among other, the topics discussed were: strategies to combat smuggling sports merchandise; the era of artificial intelligence and the most recent innovations; new trends in intellectual property. The speakers also addressed international issues such as brexit and its potential impact on IP rights, privacy and commitment of the European Union general regulation on Data Protection,
Yahel Contreras (ZBM Patents & Trademarks, Spain) and Cristina Bittel (Marval, O'Farrell y Mairal, Argentina)
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Karina CalderĂłn (Comte & Font/ Ip Legalsa, Guatemala), Marianella Arias (Divimark, Costa Rica), Ernesto Meade (RRQB, Romero Ramos, Quintanilla y Bortoni, Mexico) and JosĂŠ Arguello (Mexico)
Gonzalo Menéndez (Lexincorp, Guatemala), Fabio Pereira (Veirano Advogados, Brazil) and Felipe Barreto (BVA Advogados, Brazil)
Cecilia Fernández (Brands & Law, Paraguay), Claudia Zeraick (Montaury, Pimenta, Machado & Vieira de Mello, Brazil), Bruna Rego (DC Associados, Brazil), Flor Bermúdez (BGAL Asociados, Mexico), Daniela Rojas (Hilborne Hawkin & Co., USA)and Sandra Iriarte (Palomo & Porras, Guatemala) www.marcasur.com
Roberto Gómez (Cedeño & Méndez, Panama) and Magdalena Almonte (Abogados & Notaria Ulises Cabrera, Dominican Republic)
From Montaury, Pimenta, Machado & Vieira de Mello of Brazil, Claudia Zeraik, Ana Paula Brito, Joana de Mattos Siqueira and Clarissa Jaegger www.marcasur.com
Tomás Arankowsky (Ava Mexico), María José Díaz (Romero Pineda & Asociados, El Salvador), Elsy Durán (Romero Pineda & Asociados, El Salvador), Agustín Velázquez (Ava Mexico), Roxana Romero (Romero Pineda & Asociados, El Salvador) and José Roberto Romero (Romero Pineda & Asociados, El Salvador)
From AIPPI: Cinzia Petruzzello and Andrea Morelli
Patricia Álvarez (Álvarez Delucio, Mexico) and Jessica Salas (Nassar, Costa Rica)
Mauricio Jaramillo (Gómez-Pinzón Asemarcas, Colombia), Ariela Agosin (Albagli Zaliasnik, Chile) y Valdir Rocha (Veirano Abogados Asociados, Brazil)
effective on May 25. It is estimated that INTA's Annual Meeting, with the participation of almost 11,000 professionals represented about 20 million dollars in the local economy. Of course, lunches, dinners, cocktails and trips were likewise an important part of this event; and enjoyed, by the way. In fact, the organizers and participants are already thinking about the next INTA Meeting, in Boston, United States, in May 2019. M
Salvador Saravia (Saravia & Muñoz, Guatemala) and Rodrigo Garrón Bozo (Garrón Bozo Abogados, Bolivia)
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EVENTS
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New horizons
Luis Guinard (Guinard & Noriega, Panama), Enrique Cheang (E.C.V & Asociados, Venezuela), Vanessa Noriega (Guinard & Noriega, Panama) and Fernando Becerril (BC&B, Mexico)
Seattle, the sustainable, innovative and entrepreneurial city par excellence, was the perfect city to celebrate the evolution of BC&B towards new horizons in this "Pop Celebration" in occasion of INTA's 140th Annual Congress. In the INTA Congress 2009 in Seattle, when we started with this adventure, we celebrated our first reception back then at the Experience Music Project. Since we began our journey from angle 0ยบ, we have lived, experienced and shared pleasant and very special moments of conversation and learning with our friends and colleagues. The journey through our evolution has left us great lessons, memories of colleagues who have left us and, of course, relationships that remain strong and special and that transcend the passing of the years. We would like to thank all our friends and colleagues for joining us on this long journey that reached its 360ยบ on May 21, 2018. Emilio Gรกrate (BC&B, Mexico), Melissa Mora Martin (Mora Martin, Costa Rica) and Juan Carlos Amaro (BC&B, Mexico) www.marcasur.com
Victoria Pereira (Pereira Marketing, Uruguay), Nuria Becerril (BC&B, Mexico), Enrique Moller (Ey Law, Guatemala) and Fernando Becerril (BC&B, Mexico)
Elani Arcaraz (BC&B, Mexico), Enrique Caamaño-Coca (BC&B, Mexico), Álvaro Ibañez (Mexico) and Omar Velarde (BC&B, Mexico)
Álvaro Huerta (Malpica, Iturbe, Buj & Paredes, Mexico), Irely Aquique (IMPI, Mexico), Carlos González (BC&B, Mexico), Eliseo Montiel (IMPI, Mexico) & Carlos Hernández (BC&B, Mexico)
Judgement from Brazil THE INTELLECTUAL PROPERTY RIGHTS LIMITS OF THE BRAZILIAN ASSOCIATION OF TECHNICAL STANDARDS - ABNT OVER ITS TECHNICAL STANDARDIZATION NORMS, ACCORDING THE CURRENTLY POSITION OF THE BRAZILIAN SUPERIOR COURT OF JUSTICE – STJ
Patricia Porto Legal and Academic Content Coordinator - Brazil www.darts-ip.com The Brazilian Association of Technical Standards, in Portuguese, Associação Brasileira de Normas Técnicas (ABNT) is a Brazilian non-profit organization, responsible for technical standards in Brazil. ABNT was declared, by a Governmental resolution of 1992, the only National Forum for Standardization, being responsible, in the ambit of SINMETRO1, for the management of the 1
National System of Metrology, Standardization and Industrial Quality.
Brazilian standardization process and for the elaboration of the technical standardization norms. The activities related to accreditation and conformity assessment at SINMETRO are based on ABNT / ISO2 / IEC3 standards and guidelines. Thus, the ABNT technical rules that are validated by SINMETRO are of mandatory adoption and application by several national industries.4 ABNT commercialize its technical standardization norms. The sale of its publications is carried out directly and indirectly, through third authorized companies. Through three recent decisions, the Brazilian STJ clarified two relevant controversies regarding ABNT's intellectual property rights over its technical standardization norms. Two decisions 2 International Organization for Standardization. 3 International Electrotechnical Commission. 4 Information provided by International Organization of Standardization – (ISO), in: https://www.iso.org/member/1579.html [access in: 18.5.2018]. And by the National Institute of Metrology, Standardization and Industrial Quality – INMETRO. In: http://www.inmetro.gov.br/inmetro/sinmetro.asp [access in: 18.5.2018]. www.marcasur.com
concerns to the nonexistence of copyrights over the technical standardization norms elaborated by ABNT and one is regard of the fair usage of ABNT trademarks by third parties, when they commercialize publications containing the ABNT technical standard. ABNT understands that its technical standards rules are protected by copyright and trademark right, and, therefore, cannot be used or commercialized without the express authorization of this Association.
the technical procedures themselves are not subject to copyright protection. As conclusion, the Brazilian STJ states that the use of the technical standardization norms cannot be denied to those who intend to produce and commercialize such normative procedure, since any copyright protection is recognized. Likewise, the freedom access to information must be ensured, in order to disseminate and stimulate the knowledge regarding the standardization rules to all collectives.
Decisions concern the nonexistence of copyrights over technical standardization norms elaborated by ABNT - REsp nº 16213705, REsp nº 15874576. In this sense, ABNT tried to prohibit the company TARGET ENGENHARIA E CONSULTORIA LTDA - TARGET, from commercializing its technical standards. TARGET rebelled against the prohibition of ABNT to understand there is no copyright on mandatory use of technical standards. In order to guarantee its right to the free access and use of the technical standards rules, TARGET has proposed an action7 against ABNT for the declaration of non-infringement of ABNT's rights, due to the absence of copyrights over technical standardization norms. In contrast, ABNT filed a copyright claim against TARGET8, in order to have recognized its copyright over its technical standardization norms and, therefore, the right to authorize or prohibit its use and commercialization by third parties, as well as the right to collect copyright royalties. The two mentioned actions were judged in last instance by Brazilian STJ. In both decisions, the Superior Court understands that ABNT does not have any copyright over its technical standardization rules, due to the lack of originality, since in the process of elaboration of the technical norms, there is strictly no creation of the spirit, nor manifestation of the intellectual individuality. The attributes of creativity, originality are not present, because the systematization contemplates only rooted technological data. Furthermore, the decisions reiterated the current understanding of the STJ in the sense that: (a) the Brazilian Copyright Law explicitly excluded the normative procedures of copyrights protection (Article 8); (b) the standardization rules it is not a collective work that presupposes intellectual creation, because these technical norms are elaborated by diverse people, who are restricted to capture technical information already propagated over the years and with sufficient stability to establish a standardization; (c) the industrial procedures or commercial use of
Decision regard of the fair usage of ABNT trademarks by third parties.9 With regard to the use of ABNT trademarks by third parties, in the commercialization of the technical standards, the Superior Court, considering the provisions of art. 132, I, of Brazilian Industrial Property Law, 9.279 / 199610, held that the mentioned use is allowed, consisting in fair usage, but only to the extent to indicate the correct origin of the technical rules. The current position of the Brazilian STJ, verified in the three commented cases, observes the constitutional purpose of the protection of intellectual property rights in Brazil, making prevail the public policies that guide and support the national copyright and trademark laws and protecting the public interest in the free access and use of national technical standardization norms.
5 STJ/ REsp nº 1621370/Min. Lázaro Guimarães - Summoned Judged/ TRF 5ª/ DJe: 09/03/18. 6 STJ/ REsp nº 1587457/Min. Lázaro Guimarães - Summoned Judged/TRF 5ª,/DJe: 07/03/18. 7 Action no 2006.61.00.010071-0, 21" Vara Civel Federal de São Paulo. Justiça Federal Estado de São Paulo. TARGET ENGENHARIA E CONSULTORIA LTDA x ASSOCIAÇÃO BRASILEIRA DE NORMAS TÉCNICAS - ABNT 8 Action no 9220380-29.2008.8.26.0000 - 7ª Vara Cível do Forode sto. amaro. Tribunal de Justiça Estado de São Paulo. ASSOCIAÇÃO BRASILEIRA DE NORMAS TÉCNICAS - ABNT x TARGET ENGENHARIA E CONSULTORIA LTDA
9
STJ/ REsp nº 1643007/ Min. Ricardo Villas Bôas Cueva- Htird Group/ DJe: 18/12/17.
10 Art; 132. The titleholder of a mark may not: I. prevent merchants or distributors from using their own distinctive signs along with the mark of the product, in its promotion and commercialization.
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EVENTS
Team Ferraiuoli. Yadira Rosario, Victor Rodríguez, Jean G. Vidal, Maristella Collazo, Yolisamar Vázquez and Eugenio Torres.
Ferraiouli LLC, true to its spirit, welcomed clients and friends at one of the trendiest spots in downtown Seattle.
Good vibes
«Good vibes. Better spirits. Best fellowship». The invitation of Ferraiouli LLC to its annual reception was not only a declaration of intentions, but an exact definition of the lifestyle of the firm, that repeats every year its dose of kindness, originality and enthusiasm to welcome clients and friends from all over the world. The place this year was Seattle; the date, the same as always: month of May, during the INTA Annual Meeting.
Standing: Gonzalo Menéndez (Lexincorp, Guatemala), Edna López (Lexincorp, El Salvador) and Felipe Barreto Veiga, (Barreto Veiga e Advogados, Brazil). Sitting: Pascal Bohner (Bardehle Pagenberg, Germany), Axel Munier (Bardehle Pagenberg, France), Cristina Hernández- Martí (Hernández-Martí, Spain), Raúl Villavicencio (Llona & Bustamante, Peru) and Alejandro Linares Villegas (Jorge, Mera & Villegas, Dominican Republic) www.marcasur.com
The result? The same as always: hundreds of people who are grateful to get to know each other or get back together in the best of environments. On Sunday, to end the day and relax after the first intense hours of the INTA meeting, the guests arrived at Frolik Kitchen + Cocktails, one of the most fashionable places in downtown Seattle, which offered gastronomy and drinks to delight everyone with a beautiful view of the city. As the night moved in, many flames arranged throughout the terrace allowed people to continue their chatting in the various livings without missing the city landscape. An ideal climate with music, tables of seafood, pork and excellent wines, among other delicacies, and rounded off with the gift which Ferraiouli LLC traditionally gives (and surprises!) its friends from all over the world. It's been a pleasure, as always, and see you in 2019 in Boston!
Eugenio Torres (Ferraiuoli LLC, Puerto Rico), Pedro Troncoso (Troncoso Lerroux, Dominican Republic) and Maristella Collazo (Ferraiuoli LLC, Puerto Rico)
Rodrigo Bulnes (Cruz & Cia, Chile), JosĂŠ Luis Barzallo (Barzallo & Barzallo, Ecuador), Eugenio Torres (Ferraiuoli LLC, Puerto Rico), Emilio Beccar Varela (Estudio Beccar Varela, Argentina) & Florencia Rosati (Estudio Beccar Varela, Argentina)
Elisabeth Siemsen (Dannemann Siemsen, Brazil), Ana Cristina Arroyave (Ideas Trademark and Patents, Costa Rica), Pedro Troncoso (Troncoso Lerroux, Dominican Republic), Marcela Mancia (Ideas Trademark and Patents, El Salvador), Pilar Troncoso (Troncoso Lerroux, Dominican Republic), Maricruz Villanea (Ideas Trademark and Patents, Costa Rica) and Mauricio PatiĂąo (Philippi, Prieto Carrizosa, Ferrero Du & Uria, Colombia)
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EVENTS
Dumont team
The Jonie Earl Great Hall at Union Station is an iconic landmark in the heart of Seattle's Pioneer Square. A huge and atemporal classic ballroom, with over more than a thousand square meters, built in 1910, is still today center of the most important events in the city. This was the venue chosen by Dumont this year to organize its reception during the INTA Annual Meeting.
We had a blast! Dumont celebrated in INTA
True to its style, the Mexican firm added its personal touch to the traditional room to turn it into a beautiful Dumont venue for a few hours. To the majestic barrel vault ceiling, the black and white tiled floors, and the champagne, golden and emerald color scheme of the ballroom, the distinctive purple color was added: bags with gifts, pins, napkins, candles, flowers, lights and purple signs took over the scene. The Dumont team also joined the party, women in purple suits and purple ties for men.
Cecilia Romoleroux (Corral Rosales, Ecuador), Armando Pinto (Dumont, Mexico), Marcela Cikato (Cikato Abogados, Uruguay) www.marcasur.com
Lovísa Jónsdóttir, Tego, Island; Georgina Busku (Abu-Ghazaleh Intellectual Property-AGIP, Hungary), Laura Collada, (Dumont, Mexico), Barbara Dollstadt, (Berkemeyer, Paraguay), Steven Wadyka Jr. (GT GreenbergTraurig, USA)
Victor Garrido (Dumont, México), James Kayden (McClure, Qualey & Rodack LLP, USA) and Barry Kelmachter (USA)
Armando Pinto (Dumont, Mexico), María del Pilar Troncoso (Troncoso Leroux, Dominican Republic)
The elegant decoration, highlighted by all the guests, was only one of the many elements that made an excellent night together with a complete bar of drinks, delicious dishes and an exceptional trumpeter that delighted clients and friends of this trusted IP Firm in Mexico.
Elena Miller (Bojinov & Bojinov, Bulgaria) & Chris Thomae (Dumont, Mexico)
ATTORNEYS IN THEIR FREE TIME
Lights and Shadows The street It is a long and silent street. I walk through the darkness and stumble and fall and rise and blindly step on the silent stones and the dry leaves and someone behind me also steps on them: if I stop, he stops; if I run, he runs. I turn around: no one. Everything is dark and there is no way out, turning and turning among the corners which lead forever the street where nobody waits for me, nobody follows me, where I pursue a man who stumbles and rises and says when he sees me: nobody. Octavio Paz (Mexico, 1914-1998) Nuria (white shirt) interviewing Ps. Jacqueline Hernández Ortiz
This is how Nuria Becerril begins Lights and Shadows. With a poem according to the theme that, seconds later, she will discuss with her partner and friend, Beatriz Cano. Microphone in hand, the interaction of the audience – live chat- she wakes up at www.adrenalinaradio.com, every Monday at 9 o'clock at night. From Mexico City, an hour to speak, precisely, about the lights and shadows of life, the contrasts, the personal relationships, the quality of the day to day life. «I have been cooperating with the program Mascoteando of this radio station since 2014. Then, in February 2016 the possibility of making my own streaming news bulletin appeared. That is how this program came up which I conducted with my friend Claudia Trujillo until last January, and now with Beatriz (Cano). We address different topics of daily life and share them in a friendly way with the audience, "Nuria said. At first, they dealt with issues of conservation, genetics, molecular biology, perhaps honoring Nuria's professionexperimental biologist - but soon they diversified with other humanist issues,
including technology and marketing. Which programs do you remember the most? "I remember them all with great affection, but on several occasions, we invited the marketer and lecturer Miguel Báez to talk about cybersecurity and how to protect oneself in social networks, and we raised the audience. We have also invited musicians, such as the Salvadoran Tato Hernández, a great representative of the ballad, and Jaime Flores, well known in Mexico for his ballads, "Nuria answered. "Sometimes we include somewhat esoteric topics with the angel channeler Marcela Robles. We once did a program about the violet flame (spiritual light) and people communicated instantly with many questions. We always seek to cultivate the soul, find the positive aspects from the negative ones and give tools to be better human beings, "she added. Nuria confesses that she feels multifaceted. «I am an experimental biologist, a discipline focused on the study of the metabolism of microscopic beings, on the health sciences and relations with the environment. However, as a partner of Becerril,
Coca & Becerril, I am completely dedicated to the firm. I was in different areas of the company, I trained in marketing and I am now in charge of the social media management of the office, "she explained. Amid her work activities and varied interests, the radio program is a space of relaxation and satisfaction. «After each program the audience ends up feeling motivated. My father, who was a partner of Coca & Becerril, was very spiritual and generous. He passed away twenty years ago, leaving the example of working for what we consider a common benefit, "she acknowledged. Currently it is a challenge for Nuria to prepare the programs and combine all her activities. "Life goes by fast, so you have to know what to spend time on and make it yield. This vocation is becoming more professional, because the station was amateur, but each time less so we must accompany that process with more effort, "she said. Regarding the upcoming presidential elections in Mexico, Luces y Sombras will address the issue of abstention in the country, which tends to be quite high, and the importance and civic responsibility of building a better future ... Always with the pulse of the audience. www.marcasur.com
ATTORNEYS IN THEIR FREE TIME
Tango
Cecilia con Christian Fleytas, su profesor de tango
Vieja viola Vieja viola garufera y vibradora De las tantas serenatas a la lora Que fue dueña de mi cuore Y hoy es reina del bulín; Como estás de abandonada y silenciosa, Después que fuiste mi sueño de cantor! Quien te ha oído sonar papa y melodiosa No dice que sos la diosa De mi pobre corazón. Humberto Correa (1904-1964)
A Vieja Viola (tango song) is in Cecilia Fernández's soul, as well as El Arranque of Julio Decaro and Años de Soledad of Astor Piazzolla. They are her most inspiring tangos, those that make her respond to a close embrace and to follow the man with smooth movements and daring figures. She often goes to Café Tango Proa for some turns and spins. This coffee shop is in Asunción, Paraguay, her hometown, but she feels the culture of the Río de la Plata. Cecilia's father is Uruguayan and, therefore, she feels Uruguayan.
What does tango mean to you? «It is the connection with my Rio de la Plata side, it is a space for me. I also like to get carried away in the dance, it is good to learn to hand over the control to another person... at least for a few minutes”, smiles Cecilia. With her own law firm, married and mother of eight-year-old twins, Cecilia makes time for dancing tango as if, between steps, she recovers an important part of her identity. This is how she feels. This is how it is. «When I discovered Café Tango Proa in 2005, I was captivated by the show. It was full of people, there was no place to stand. The environment trapped me, and I began taking tango and milonga lessons three times a week. I used to go alone, although sometimes my husband accompanied me with a glass of wine, while I practiced the steps, "she said. Her classes went on for six years. "I went to classes until the twins were born, but I always danced whenever the chance appeared, "she said. Different opportunities have come up. Once, her tango teacher broke a leg and asked her to replace him in a show organized for the anniversary of the Independence of Argentina at the embassy of that country in Paraguay. She also danced before other audiences and she also taught tango. «I dance street tango, not the one for shows. The dancer who makes more pirouettes is not necessarily the best, but whom feels more comfortable when dancing. For a woman, that means a warm and respectful hug, a man who knows how to lead firmly. The beauty of the dance comes from listening to your partner's body”, she said. Meanwhile, in the background, you can hear the Vieja Viola. M F.C.
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