LEGISLATION COMMITTEE

Collaborative Work

TThe Legislation Committee, in February of this year, held a joint webinar with the Data Protection Committee addressing the topic “Regulatory Trends in Privacy Matters.” The invited panelists were Pablo Palazzi from Argentina, María Maqueo from Mexico, and Daniela González from Colombia.

During the webinar, they discussed, among other things, the origin and evolution of privacy and data protection regulations, the similarities or differences of their norms compared to the European General Data Protection Regulation (GDPR), and how enforcement has evolved in their respective countries.

Currently, the committee is working on a questionnaire on the topic of Data Protection. The aim of the questionnaire is to gather information summarizing the regulations in each country, in order to leverage previous experiences and share them with those who are not yet familiar with the topic or with countries where the issue is still in the planning or near future stages.

Asipiemprende Program

Empowering Entrepreneurs

EIn the year 2023, through the ASIPIEMPRENDE program, we continue working to promote and spread awareness of the importance of intellectual property for entrepreneurs in our region. To date, two virtual events have been held, focusing on general aspects of trademarks and the importance of their protection as a vital asset in entrepreneurship.

One event was held in collaboration with the Junior Chamber International (JCI) of Bolivia, and the other with the Center for Innovation and Entrepreneurial Development at the Catholic University of Peru (CIDE PUCP). The participants of the program, Martha Landivar (Bolivia), Lisandro Coll Areco (Argentina), Alejandro Castro (Peru), Isabel Manrique (Venezuela), and María del Pilar Troncoso (Dominican Republic), actively took part in these events.

The topic generated great interest among the participants, who had the opportunity to learn about different types of trademarks, their protection, and proper defense. They also had the chance to clarify concepts and receive answers to their various inquiries on the subject.

Furthermore, during the ASIPI Seminar held in Quito, intellectual property training sessions were conducted at the Quito Chamber of Commerce and at EDES Business School. Morena Zavaleta (El Salvador), Ileana Martinelli (Panama), and María del Pilar Troncoso provided these training sessions, followed by personal clinics with entrepreneurs organized by Raquel Toñánez and Margarita Zambrano from the ASIPIPROBONO program.

The event welcomed entrepreneurs who were interested in acquiring basic knowledge of intellectual property and receiving personalized advice for the protection of their ventures.

ASIPIEMPRENDE will continue working for and with entrepreneurs in the region throughout the year. This includes conducting various workshops and training sessions, signing collaboration agreements, producing and disseminating interviews with entrepreneurs, and creating editorial pieces that provide insights into the importance of intellectual property for innovators.

Probono Program

Supporting Society

DDuring the first 5 months of the current year, the program has received 12 requests for PROBONO services, resulting in a total of 25 active cases being handled thanks to the collaboration of our program affiliates, which currently consist of 147 members. Through this program, legal advice on IP matters is also being provided to the WIPO Program on Intellectual Property Training, Mentoring, and Networking for Indigenous Peoples and Local Communities in Bolivia, Colombia, Ecuador, and Peru. We have already received 2 requests from this program, which are currently being processed.

We are also pleased to announce the signing of a Cooperation Agreement with the National Commission for Science and Technology (CONACYT) of Paraguay, for training in IP matters and PROBONO services for their researchers.

Finally, as part of the ASIPI seminar in Quito, in collaboration with the ASIPI EMPRENDE program, a Training Workshop on IP topics and PROBONO Clinics was held on Friday, June 2nd. In the morning, the training took place at the Quito Chamber of Commerce, and in the afternoon, it was held at the EDES UTPL Business School.

In The Region

Bolivia

Women Driving Innovation and Creativity: The Significance of World Intellectual Property Day 2023

By: Shirley López Espinoza and Ximena Zapata Tapia

During the activities of World Intellectual Property Day in Bolivia, various events organized by different private institutions highlighted this year’s theme: Women and Intellectual Property. It was evident that despite the challenges women face in terms of gender gaps in education and access to financing, innovative women are making significant contributions in various fields.

The showcased activities revealed that more and more women are daring to innovate. Several projects conceived and led exclusively by women were highlighted, ranging from technological startups to creative innovation projects in traditional Bolivian cuisine.

These activities underscored the importance of protecting patents, trademarks, and copyrights, as this protection is vital for these entrepreneurial women to ensure recognition and appreciation of their creations in the market, thus generating economic benefits and increasing their visibility.

In essence, this year’s theme and its outcomes invite us to work in an environment of continuous support, establish more training programs targeted at women, and foster the idea that their innovative and creative projects play a crucial role in the country’s economic growth.

Brazil

Changes in INPI, National Intellectual Property Strategy, and New Geographical Indication

By: Andrea Possinhas

The year 2023 has brought several changes and events during the first semester. Here’s a summary of the highlights.

• INPI leaves the Ministry of Economy: With the new president of Brazil taking office, the National Institute of Industrial Property (INPI) is now under the Ministry of Development, Industry, Trade, and Services (MDIC). The Vice President of the Republic has appointed Júlio César Castelo Branco Reis Moreira, who has served as the director of patents at INPI for 7 years, as the interim president of the Institute. Provisional directors for Trademarks and Patents have also been appointed.

• Financial Autonomy of INPI: The issue has been widely debated and advocated by national intellectual property associations. The financial autonomy of INPI is crucial to address the backlog issue in trademark and patent examination, as well as to enable investments in technology, hiring, and continuous improvement of its services.

• National Intellectual Property Strategy (ENPI): The Technical Group, created within the framework of the Interministerial Group on Intellectual Property (GIPI), has concluded a Final Report to contribute to the National Intellectual Property Strategy (ENPI), which aims to establish governance and coordination for initiatives, projects, and programs related to intellectual property in Brazil. Proposed normative and administrative changes were evaluated. Discussions included strengthening the budget of INPI, spreading knowledge about IP, and promoting the use of patent protection, among other topics.

• INPI Action Plan 2023: Among the main implementations, the action plan includes the modernization of IP registration processes, strengthening international cooperation, promoting innovation, and incentivizing industrial property protection in the country. INPI aims to drive the creative economy and ensure an environment that fosters innovation and technological development in Brazil.

• Updated Patent Landscape in Brazil: In the field of patents, the implementation of collaborative examination through the backlog attack plan aims to substantially reduce the number of pending patent applications, along with the creation of various priority procedures. Discussions regarding the legitimacy of Article 32 of the Industrial Property Law, among other measures, are considered efforts to make Brazil increasingly competitive economically and internationally relevant and interesting.

• First Geographical Indication granted for Brazilian sparkling wines: Located in Altos de Pinto Bandeira in the south of the country, the GI has a status equivalent to Champagne from France, Cava from Spain, and Franciacorta from Italy. The Geographical Indication was applied for in 2012.

Cuba

Roundtable: “Challenges of Intellectual Property in the International Sphere and in Cuba”

On April 11th, a roundtable was held in person, convened by the Cuban delegation of ASIPI , on the topic “Challenges of Intellectual Property in the International Sphere and in Cuba” to commemorate World Intellectual Property Day. The keynote speaker was Dr. Liudmila Morán Martinez, a professor at the University of Havana.

The presentation focused on the new challenges facing Industrial Property at both the international and national levels. In this regard, it is vital for lawyers specialized in this field to be aware of the international negotiations taking place in recent years within the World Intellectual Property Organization (WIPO), which have significant implications for the policies and legislations adopted in developing countries, particularly for Cuba.

For example, within the Standing Committee on Trademarks, Industrial Designs, and Geographical Indications, the simplification of procedures for the protection of industrial designs has been underway since 2006, leading to the proposal of a treaty on Design Law (DLT). The aim of this treaty is to help designers obtain protection for their designs in a simpler manner. If this new treaty is adopted, Cuba should assess the advantages and disadvantages of its possible accession and the benefits it could bring to the national handicraft industry and other sectors.

Another aspect discussed during the roundtable focused on negotiations regarding an international legal instrument concerning intellectual property, genetic resources, and related traditional knowledge.

Lastly, the importance of Micro, Small, and Medium Enterprises (MSMEs) in Cuba and how to contribute to their development of appropriate intellectual property strategies was addressed. Raising awareness about how to protect and manage their intellectual property assets is a complex issue, especially in the Cuban market.

United States

Copyright Registration Guide: Works Containing Material Generated by Artificial Intelligence

The U.S. Copyright Office recently published the “Copyright Registration Guide: Works Containing Material Generated by Artificial Intelligence.”

Under U.S. copyright laws, “the term ‘author,’ as used both in the Constitution and the Copyright Act, excludes non-human entities.” The new guidance states that “In the case of works containing material generated by AI, the Office will consider whether the AI contributions are the result of ‘mechanical reproduction’ as opposed to the ‘original intellectual conception’ of a human author to which [the author] has given visible form.” The determination will depend on the circumstances, particularly how the AI tool functions and how it was used to create the final work. If the traditional elements of authorship in a work were produced by a machine, the work lacks human authorship, and the Office will not register it.

Roundtable: Evidence for Use in a Foreign Proceeding

On March 29th, a roundtable was held to discuss the statute 28 U.S.C. § 1782, which allows a litigant in a foreign action to request the submission of evidence from a person or entity residing or located in the United States for the purpose of obtaining documents or deposition testimony for use in a foreign proceeding. During the roundtable, the panelists addressed the requirements for a Section 1782 proceeding and the development of this legislation over the years.

Honduras

Celebrating World Intellectual Property Day

On the occasion of World Intellectual Property Day, various events were held in collaboration with local organizations. The first event was organized with the Conciliation and Arbitration Center of the Chamber of Commerce and Industries of Cortés, where an analysis was conducted regarding the use of different alternative dispute resolution methods to resolve conflicts related to Intellectual Property. We had the special participation of our Dominican partner, Mary Fernández, former Chair of the Mediation, Conciliation, and Arbitration Committee of ASIPI

The second event was held with the Honduran Association for Intellectual Property (AHPPI), focusing on geographical indications as the main theme.

Paraguay

Launch of the Second Edition of the Intellectual Property Moot Court

On April 21, the launch of the Second Edition of the Intellectual Property Moot Court took place in Paraguay. This competition is organized by the Directorate of Intellectual Rights of the Supreme Court of Justice and the Paraguayan Association of Intellectual Property (APAPI), with the support of ASIPI

Celebrating World Intellectual Property Day

ASIPI, through the National Delegates of Paraguay, was present at the Commemorative Event of World Intellectual Property Day held on Wednesday, April 26, organized by the National Directorate of Intellectual Property (DINAPI).

On the same day, an event was held in collaboration with APAPI and the Paraguayan Group of AIPPI as part of the same celebration. In line with WIPO’s theme, “Women and IP,” four outstanding women inventors, creators, and entrepreneurs from Paraguay were invited. They were Lara Hutemann, founder of Periferia Comunicación, Alex Vuyk, Level II researcher at PRONII, the National Program for Incentive to Researchers of CONACYT, Luciana Abente, entrepreneur and founder of Artemera, and Mónica Gonzalez, visual artist.

Venezuela

On April 25, as part of the celebration of World Intellectual Property Day, an event titled “New Challenges of Intellectual Property: New Technologies, Business Models, and Forms of Exploitation” took place in Caracas, Venezuela. This event was organized by the Venezuelan College of Industrial Property Agents (COVAPI), with the support of Universidad Metropolitana and the Inter-American Association of Intellectual Property (ASIPI), in memory of the 10th anniversary of the passing of Dr. Ricardo Antequera Parilli.

Our delegates in Venezuela, Enrique Cheang and Isabel Manrique, as well as our Vice President, Luis Alejandro Henriquez, were present and actively participated in the event. The panel of the event comprised eminent professionals specializing in intellectual property (IP) and related fields. They engaged in discussions covering a wide range of topics, including the economic impact of IP on countries, the societal and economic consequences of combating counterfeiting, the video game industry and the metaverse, and the rights associated with art. Additionally, they highlighted the GEGO Foundation as an exemplary model for the management of artistic legacies.

During the event, recognition was given to two remarkable Venezuelan women, Irene De Sola and Thaimy Márquez, for their valuable contributions to the world of IP throughout their careers, both in Venezuela and worldwide. Finally, our partner Rafael Ortín delivered a heartfelt and beautiful speech in memory of Dr. Antequera Parilli, a great friend and collaborator of ASIPI.