Juli Gutiérrez Zanelli and Marcela Montañés Editors
Saúl Alvarez Lara Design
Cover
ASIPI 60 years
Since 1964, the Inter-American Association of Intellectual Property (ASIPI) has established networks, facilitated procedures, and created connections on Intellectual Property matters. Over these sixty years, ASIPI has generated dialogue with professionals and sister institutions, government and educational entities, among others. Our symbol represents the graphical structure of the links and procedures created between Intellectual Property professionals and contemporary society, both analog and digital.
Disclaimer
All the content of this Magazine is offered for informational purposes only. The editorial team tries to make it as precise, faithful and current as possible. However, ASIPI is not responsible for omissions or typographical errors and reserves the right to update, modify or delete the content and access to the magazine at any time. Responsibility, for the opinions expressed in the signed articles, studies and other collaborations lies exclusively with their authors.
ASIPI does not guarantee that the technical and operational functions of the electronic magazine will be uninterrupted or error-free or free of viruses or other harmful components. Under no circumstance, ASIPI may be required to respond for any kind of damage or loss resulting from the use or consultation of the magazine. It is possible that the magazine includes links, links to external websites, whose contents and design are outside the control of ASIPI. In no case is the association responsible for its content, timeliness, accuracy or quality, nor should it be understood as the support or promotion of third-party products and/or services.
editorial
Dear readers:
This year we celebrate the 60th anniversary of the founding of ASIPI. Each decade that passes and that we strengthen as an Association reminds us of the great visionaries we had as founders and the responsibility that this entails: continuing the legacy.
60 Years of history and looking into the future
Is with this legacy in mind that, in an edition full of content about our activities, we present in our “Forefront” an article prepared by Jorge Chávarro, where he talks to us about the “Impact of Appellations of Origin for the Development of Latin America.” What better way to talk about the past and the future than to talk about appellations of origin? This form of Intellectual Property protection based on the added value that the transformation of the human being gives to raw materials with unique characteristics over several generations. At the same time, it becomes important for what it can
represent for the economies of Latin America in the medium and long term.
In regard to our history and thinking about the future, we have been developing and strengthening our relationship with government authorities, multilateral organizations, sister associations, universities and technology parks, among others. This effort seeks to increase the level of knowledge of IP in the region, as well as greater awareness on the part of our rulers about the importance of IP for the economic, cultural and social development of our nations. More details about the activities carried out during these first 6 months of management can be found inside this new edition of Mundo ASIPI Magazine.
Finally, we invite you to celebrate together the 60 years of ASIPI during the Work Sessions that will take place in Panama from December 1 to 4, and to continue writing the history of our beloved association.
forefront
Impact of Appellations of Origin for the development of Latin America
Introduction
Product differentiation and value-added strategies are a necessity to maintain and consolidate in the market. With a solid product differentiation, along with its added values, market positioning can be achieved, which translates into more sales and reputation.
Geographical Indications (GIs) are signs used on products to indicate that they come from a geographical place and that natural or human factors are required during their production. From GIs we have, as a sub-genre the Appellations of Origin (AO), which are signs that also serve to distinguish products whose quality is due exclusively or essentially to the geographical environment, including natural and human factors.
The main characteristic of the GIs is that their qualities are due to the geographical place from which they come, that they depend on the know-how of their producers, so that the communities belonging to that place have a love for their territory (terroir) and the product derived from it.
It follows that one of the AO’s attributes that generates the declaration of protection may be its reputation1 so that the product protected as an AO will have an added value in the market, as well as an impact on the promotion of the socio-cultural development of the community where it is produced.
Despite the fact that AO’s per se have an added value because they contain natural and human factors for their elaboration, there is no comprehensive study in Latin America on the impact of AO’s that allows establishing, in a quantitative and qualitative manner, the effective impact of these signs.
In view of this situation, the Interamerican Association of Intellectual Property (ASIPI) is carrying out a Study on the Impact of Appellations of Origin in Latin America (hereinafter “Study”).
At the time of writing this article, the Study has not yet been completed; however, the purpose of this paper is to indicate what the Study consists of, describe its progress and reflect on the impact of the ODs on Latin America’s socioeconomic development.
Coordinator Work Group “Impact of Appellations of Origin and Geographical Indications on the Economy and Social Development” Londoño, José Luis. 2009. «La denominación De Origen Y El Alcance De Su protección». Magazine La Propiedad Inmaterial, n.º 13 (november):41-58, page 6.
2.
3. 4.
1. Impact Study of Appellations of Origin in Latin America
An impact study consists of measuring the repercussion of any activity likely to generate a socioeconomic effect2
Socioeconomic impact studies are tools that help make decisions on policies, social programs and projects3, since (i) they provide measurable information on the impact on production, employment, tax collection or the environment, (ii) they allow to justify investment decisions to society and to other public administrations, and (iii) they attract the interest of sponsorships and other sources of project financing4
Therefore, the preparation of this Study on the impact of GIs in Latin America is useful for formulating public policies on GI-producing communities, as well as for preparing effective programs in relation to the administrative entities and, in general, for the entire production chain involved in the production of DOs.
The purpose of the Study designed by ASIPI is to analyze the economic impact of AOs in Latin America, especially the most representative AOs in Colombia, Mexico and Peru.
PwC. Estudios de Impacto Económico. Cómo valorar la repercusión y el retorno de iniciativas e inversiones públicas. n.d. Consulted on May 22, 2024, at: https:// www. pwc.es/es/sector-publico/assets/brochure-estudios-impacto-economico.pdf
Center for Economic and Community Engagement. Economic impact 101. n.d. Consulted on May 22 at: [https://cece.vt.edu/projects/EconomicImpact101. html#:~:text=What%20does%20an%20economic%20impact,construction%20of%20 an%20event%20center
Op cit. PwC. Estudios de Impacto Económico. Cómo valorar la repercusión y el retorno de iniciativas e inversiones públicas.
DOs
Specifically, the study has the following objectives:
• Measure the subjective well-being of the communities.
• Isolate the prejudices of the communities that inspire the AO in terms of the economic and social impact of this appellation.
• Describe the social and economic situation of the regions in parallel with the milestones of their DOs
• Produce an econometric model estimating the incremental value of the AO.
The methodology implemented to develop this study consisted of a qualitative phase in which interviews were conducted with the leaders and directors of the entities that administer the DOs. In addition, a quantitative phase consisted of applying surveys to the producers of the DOs to collect data on them. In addition, the model for measuring the impact5 of the GIs in Latin America, was as follows:
Graph 1
The application of this model, together with the methodologies described above, will make it possible to obtain an approximate value that will state the impact of the GIs in different socioeconomic scenarios. By obtaining a value that measures the impact, the role of the AO with respect to producers, administrative entities and, in general, all those involved in the AO production chain will be known for certain.
This comprehensive model allows, to a certain extent, to reduce theoretical and personal experience biases that could tarnish the outcome of the study.
2. Progress in the Study of the Impact of Appellations of Origin in Latin America
It is important to reiterate that, at the time of writing this article, the Study has not been completed; however, significant progress has been made in terms of political, economic, social, technological and legal perceptions, both of producers and representatives of the managing entities. Likewise, it has been identified in which areas there would be impacts of the DOs, which provides tools to offer preliminary conclusions of these impacts for the development of Latin America.
Once this article has been published and socialized, we expect to have the complete report of the Study, which will be duly disseminated and will allow all interested parties to know in detail the impacts of the DOs in the areas described here. In any case, the progress described here is an appetizer of what will be the final report.
2.1. Political, economic, sociological, technological, legal and environmental scope (PESTLE)
The application of the model and the results provided through the interviews and surveys allow us to state different perceptions of the producers and representatives of the managing entities in the PESTLE areas, as follows:
• Political
• Politicization of the managing entity
• Governments isolated from IP policy objectives and developments
• Political visibility of the geographical area
Cfr. Urazova, N. & Kotelnikov N (2018). Intellectual Property Assessment Methods. European Proceeding of Social and Behavioural Sciences. Merges, R. P. (1995). The economic impact of intellectual property rights. An overview and guide. Journal of Cultural Economics.
forefront
• Economic
– Hardships surrounding financing opportunities
– Impact on producers’ margins due to high costs
– GIs as a sole source of income for the families
• Social
– Low level of participation in the promotional activities of the managing entity.
– Lack of generational replacement
– Extension processes
• Technological
– Technological advances, but not all producers have them at their disposal.
– New technologies are causing the loss of the ancestral identity of some activities.
– There are high levels of technification that are difficult for veteran producers to adopt
• Environmental
– Costly production standards
– Reduced production due to climatic factors
• Legal
– Weak actions against piracy
– The lack of associativity hinders the processes of certification of use with the competent entity.
Graph 2, below, condenses the perceptions that were mentioned the most and states in which of them actions should be taken to counteract the perceptions that could be categorized as problematic.
Graph 2
These preliminary conclusions, in the PESTLE context, show that GIs in Latin America depend on many factors such as political, economic, social, technological, environmental and legal. Likewise, in each of these areas there are benefits, challenges and opportunities for future improvement.
2.2. What are the measurable impacts of AO?
With the application of the model shown in Graph 1 and the methodologies described above, it is possible to determine the areas in which AO could have an impact. The following is a list of those areas in which AO could have an impact and be measurable:
I. Increase in economic income for those who produce them
II. Quality of life for the producers and the areas.
III. Incentives for neighbors
IV. Satisfaction and pride in production
V. Effort to produce it
VI. Permanence in the production of the products
The matters listed above are the impacts of the AO that could be measurable. These impacts are limited to those who produce the AO and, consequently, are located in the geographical area where it is produced, as well as to those who are part of the administrative entities in charge of its management.
By measuring these items, it would be possible to determine the effects of the declaration of protection of an AO in relation to all stakeholders, which would make it possible to formulate public policies and programs that would be useful for them.
Conclusions
Preliminarily, with the above advances, it is possible to indicate that the AO’s play an important role in the political, economic and social spheres, where in each of them there are perceptions of their impact.
On this point, it can be noted that those who produce GIs and abide by their regulations, compared to those who do not have this category, would have greater economic income derived from the commercialization of these products. Thus, there is more satisfaction for those who are part of the production chain, and therefore, they recommend entering the AO business.
It should also be mentioned that the quality of life of the communities involved in the production and marketing of AO is higher than those communities or areas that produce the same product, but without the connotation of being an AO.
In this sense, satisfaction resides in the appetite for the product offered, for the pride and ancestry that the AO entails and its quality standards.
Although there are multiple economic and social benefits, which are transferred directly to producers and representatives of administrative entities, and indirectly to consumers, there are also certain challenges and difficulties that must be addressed, such as: production costs, low labor force, insecurity, lack of po-
litical will and the absence of administrative police so that only products that have the authorization for the AO can be marketed and not others that imitate them.
Regarding consumer perception of the AO, the Final Report will describe the scenario in which they find themselves and to what extent they impact the AO in relation to the target public. In addition, the publicity surrounding the AO to promote and encourage their consumption.
With this in mind, positive impacts and difficulties in relation to the AO, according to the preliminary conclusions of the study, it can be affirmed that these signs are an engine, means and useful tool for the development of Latin America since they have an impact on communities allowing the economy to grow and the products, which are offered to consumers, have an added value due to the reputation and the way in which are elaborated.
Having a clear understanding of the impacts of the AO and their problems, as well as negative perceptions, makes it easier to formulate public policies and generate programs that are useful for all those involved in the AO production chain in Latin America.
Please note that in the final report of the Study you will find detailed and specific conclusions that will also have the same effect: to serve as input for local and international authorities to formulate effective programs and maximize the social and economic impacts of their AO‘s
Sources
• Center for Economic and Community Engagement. Economic impact 101. s.a.
• Londoño, José Luis. «La denominación De Origen Y El Alcance De Su protección». Magazine La Propiedad Inmaterial, n.º 13, 2009: 41-58.
• Merges, Robert. (1995). The economic impact of intellectual property rights. An overview and guide. Journal of Cultural Economics. 1995.
• PwC. Estudios de Impacto Económico. Cómo valorar la repercusión y el retorno de iniciativas e inversiones públicas. s.a.
• Urazova, N. & Kotelnikov N. Intellectual Property Assessment Methods. European Proceeding of Social and Behavioural Sciences. 2018.
Dialogues
DIaLOGueS
For this section of our magazine, we contacted some representatives of intellectual property offices and academic authorities who have been working - from their respective positions - in the defense, promotion and education of intellectual property in our region. Let’s find out about the challenges they face, the main initiatives they are promoting and their opinions on some relevant intellectual property issues.
Leonardo Uribe
Director of the General Directorate of the Industrial Property Registry of the Ministry of Commerce and Industries (DIGERPI) Panama
1. What do you consider to be the importance of the presence of the authority in forums of Professional Associations?
It is very important because it allows direct contact with applicants and legal representatives, which facilitates the exchange of information on important aspects in matters related to the processing of industrial property applications. It allows for feedback on what and how certain issues are carried out within the offices and to engage in an exchange of opinions on new and more efficient ways of processing.
In addition, it allows us to know the expectations that applicants and agents have about the work we do and to keep a quality control of our services.
2. You are a career civil servant with more than 20 years of experience in DIGERPI, where you have held various positions and have had the opportunity to learn about the day-to-day work of the authority from different fronts: What is the importance of knowing each department of the entity?
Knowing all or most of the departments of this Directorate
… Another challenge is the South-South cooperation, understood as cooperation in which developing countries exchange resources and/or experiences…
allows us to recognize opportunities for improvement, as well as to provide more efficient and accurate advice. It also allows us to detect, with greater ease, the needs of the different departments, both material and technical equipment or specialized human resources.
3. In relation to this great experience in the exercise of positions in the public sector: What do you consider to be the challenges for Latin American authorities in Intellectual Property matters in view of the speed of change that is taking place in the world?
One of the most important challenges for IPOs in Latin America, if we consider the needs of DIGERPI, as a refer-
ence, would be the trained human resources, mainly in the area of examination of patent applications. In this same IP sector, to have specialized search tools for the examination of patents.
Another challenge is the South-South cooperation, understood as cooperation in which developing countries exchange resources and/or experiences. This cooperation would allow our examiners to support each other, not only by having access to the results of patent examinations, for example, but also to be able to interact with each other, jointly, exchanging good practices that can be replicated. This would strengthen the offices and improve the quality of granted patents.
DIaLOGueS
Sergio Chuez
Director of Distinctive Signs Division, INDECOPI
Peru
1. You have been an official of INDECOPI for more than 10 years. What do you consider to be the greatest challenges for an Industrial Property authority at this time?
The irruption of new technologies is one of the greatest challenges we face, since it requires reconciling the traditional IP system with the dynamism they entail. This is a challenge that also requires joint efforts between the public and private sectors; for example, artificial intelligence is a tool that generates opportunities for strengthening the Industrial Property (IP) system, and can contribute to the efficiency and simplification of procedures, in addition to facilitating enforcement in the digital environment.
However, AI also generates risks, as it has been proven to be exploited by criminal organizations dedicated to counterfeiting. This highlights the gap between our traditional IP system and the dynamism of these technologies. The digital environment poses particularities that are difficult to address in their entirety by our traditional system, which -based on principles such as territoriality- faces global behaviors that hinder the exercise of functions of authorities with national competence.
strengthen the monitoring and enforcement of IP rights in the digital environment. Although it is a first step, we are confident that it is the right way to address this challenge. There are also social challenges, which are not directly related to Intellectual Property, but impact the authorities. There are complex situations that we are going through as a society, which makes it very difficult to achieve a proper approach of the IP system to the population. Our countries are going through political, economic and/or social crises, which generates a lot of disinformation and even disincentive for the population to undertake.
In this context, in Peru we have been directing our efforts to the promotion of tools of a collective nature, such as collective trademarks, since we are convinced that, under an associative component, an important sector of the economy (mainly made up of farmers and artisans) can obtain benefits based on adding intellectual property value to products with local and regional tradition.
In the Peruvian case, for example, INDECOPI has a collaborative agreement with an e-commerce platform to
Although this has had as a positive result the registration of a large number of collective trademarks, this is only one of the elements necessary to achieve successful ventures (marketing, branding, quality, traceability, sustainability, etc., must also be considered).
2. In your experience, what are what you would consider “good practices” for a body / team with functions of management / processing of registration procedures?
There are two good practices at INDECOPI that I would like to highlight:
The first, the implementation of a system called “fast track”, which makes it possible to distinguish non-complex registration applications from those that are complex. In the former, the processing time is extremely fast, which has resulted in our office being among the most expeditious in the region, managing an average term of 44 working days for the registration of trademarks in non-contentious proceedings; even in a considerable number of cases, this term is less than 40 working days.
The second is the implementation of an Assistance Platform for the registration of trademarks, which operates both virtually and in person. The platform provides assistance to entrepreneurs in the process of filing their applications for registration, seeking – among other things – that they arrive as complete as possible, avoiding subsequent requirements that delay their processing.
Strictly speaking, I would think that these two good practices have allowed us to manage extremely interesting resolution times. However, it is also important to mention
that with the digitalization of the entire non-contentious trademark registration procedure, including the on – line renewal of the trademark registration (which allows to renew one trademark within 3 to 5 minutes), as well as the development of free digital tools such as BUSCA TU MARCA (trademark search engine) and PeruaNIZAdo (classifier of products and services), among others, we have managed to facilitate not only the experience of our users, but also the processing of our files.
3. INDECOPI has been an authority that has stood out for the technical quality of its officials. But beyond that, what soft skills or non-legal competencies do you consider relevant and useful for the management of files and administrative procedures?
Considering our heavy workload, I consider it essential that our officials have a great capacity for organization, as this allows them to fulfill their tasks in a timely manner, efficiently managing their time; in addition, it is important that they show proactivity, good disposition and know how to adapt to the constant changes that our work demands.
Of course, we also value responsibility and commitment, since it is important to be able to trust and delegate in your work team; otherwise, this would not allow us to move forward properly and with the deadlines that we are currently managing.
… we have managed to facilitate not only the experience of our users, but also the processing of our files…
Anil Sadarangani
Head of the Innovation Program, Universidad de los Andes, Chile
1. What are the greatest needs identified for inventors in your work?
The first need is to understand the concept and the path of technological development. It is essential for inventors to understand how to move from the research phase to the creation of a product that can be adopted by the market. This involves knowing the processes of development, testing, validation and commercialization. Without this understanding, it is difficult to transform an innovative idea into a viable and successful product.
Second, it is necessary to establish a culture of Intellectual Property (IP) among the community. The protection of ideas and technologies is essential to ensure that inventors can benefit from their work. An IP culture not only protects inventions, but also fosters innovation by providing a safe environment where ideas can be developed without fear of being counterfeited.
Third, the identification of a relevant market and business partners. For an invention to be successful, it must
target a specific market where there is a clear demand. In connection with this need, they can provide the necessary resources, from financing to commercialization expertise, which are crucial to the success of a new technology.
Addressing these needs is crucial for inventors to turn their ideas into products that are not only innovative but also commercially viable and successful in the marketplace.
2. With a highly specialized training in science, what are the challenges you face when being in the innovation environment?
From the work done in the Innovation Department, it is possible to identify that the challenges of the scientist / inventor to be in the innovation environment are varied and significant: the first of them is the gap in the tuning with the productive sector. The second challenge is the ability to manage risks effectively; it must be remembered that, in the field of science, projects can take years to develop and validate properly. In contrast, the productive sector requires
… An IP culture not only protects inventions, but also fosters innovation by providing a safe environment where ideas can be developed without fear of being counterfeited…
quick results to remain competitive in the market. The third challenge is to understand what “measure of success” is being sought. Key performance indicators (KPIs) in scientific research are usually related to the publication of articles, patenting and the advancement of knowledge. On the other hand, in the production sector, KPIs focus on profitability, return on investment, time to market and customer satisfaction. This difference in criteria can be an obstacle for scientists who must adapt to new evaluation standards.
Finally, the last challenge is associated with the soft skills of the people working in these teams; scientific specialization implies deep technical knowledge and advanced research skills. However, the innovation environment requires additional competencies, such as the ability to work in multidisciplinary teams, effective communication skills with
non-scientific stakeholders, and a solid understanding of market dynamics and business strategy. Developing these competencies can be a significant challenge for scientists seeking to integrate into the innovation environment.
3. We know that the program you lead has been successful not only in the protection of inventions but also in the effective transfer of technology to the market. What do you think have been the key factors in that success?
The success of the program I lead can be attributed to several key factors, among which I would highlight the importance of identifying clear incentives from the outset for all stakeholders. This strategy has been fundamental in several areas, as outlined below:
DIaLOGueS
3.1. Motivation and engagement of researchers: by establishing clear incentives to motivate researchers to actively participate in the technology transfer process.
3.2. Technology portfolio prioritization model: Implementing a technology portfolio prioritization model based on scouting, Technology Readiness Levels (TRL) and portfolio maturation has been essential. This model allows us to identify and prioritize the most promising technologies and align them with market needs and strategic objectives. The use of TRL helps to assess the level of technology development and readiness, ensuring that inventions are at an optimal point for transfer and commercialization.
3.3. Effective collaboration with industrial partners: they need to be clear about the benefits they will gain from collaborating in technology transfer. This includes access to innovations that can improve their products or processes, as well as the possibility of gaining a competitive advantage in the market.
3.4. Early capital raising structure: this allows us to accelerate research from early stages to more desirable stages for investors and the business sector.
3.5. Institutional support and resources: it is crucial to have the backing of the institution. This includes financial resources, adequate infrastructure, and supportive policies that encourage innovation. Clear incentives for institutions, such as the potential to increase their prestige and attract funding, help to align institutional objectives with those of the program.
3.6. Benefits to society: Identifying and communicating the societal benefits of technology transfer can be a powerful incentive for all stakeholders involved. Knowing that their efforts contribute to the general welfare, whether through new medical solutions, technological advances or improvements in the quality of life, can be a significant motivator.
3.7. Transparency and trust: Transparency in communicating incentives and expected benefits to each stakeholder fosters an environment of trust. Stakeholders are more likely to collaborate and engage when they clearly understand how they will benefit from their participation in the process.
All of the above factors play a role in the ultimate success of our program.
… Inventors who are well educated in IP can develop strategies to license their technologies, form strategic alliances and negotiate more effectively, which increases the chances of commercial success of their inventions…
4. Do you believe that every inventor / innovator should receive some kind of IP training? Why?
It is absolutely necessary for every inventor to receive some IP training, so that they can understand the process that comes once their technologies leave the lab; they should know that IP training allows them to effectively protect their innovations, which is essential to make the years of effort and resources invested in research profitable. Without adequate protection, inventions can be reproduced or used without authorization, which significantly decreases the return on investment in research and development.
In addition, if they know that IP is well managed it provides a competitive advantage in the marketplace. Inventors who are well educated in IP can develop strategies to license their technologies, form strategic alliances and negotiate more effectively, which increases the chances of commercial success of their inventions.
And, most importantly, a thorough understanding of IP fosters an environment where innovation is valued and protected. This creates an institutional culture that encourages the creation and development of new ideas, knowing that they will be protected and can generate tangible benefits.
DIaLOGueS
María Fernanda Román
Dean of the School of Human and Social Sciences and School of Government, Universidad Hemisferios, Quito - Ecuador
1. You studied Visual Communication with a specialization in Corporate - Trademarks. What led you to work on Industrial Property counterfeiting issues, especially drug counterfeiting?
Professionally, I have always been linked to corporate identity design, which included brand management, so I specialized in the identification of counterfeit products. I was trained by several brands such as: Nike, Adidas, Canon, Marlboro, Disney, among others, who more than 10 years ago were the main brands affected by piracy. This specialization allowed me to qualify as an expert in the Judiciary Council, Prosecutor’s Office and the then Ecuadorian Institute of Intellectual Property (IEPI) where I acted in each of the actions related to trademark counterfeiting.
Since 2012, cases of counterfeit medicines began to proliferate; that is when I became one hundred percent involved in the problem. Making a comparative analysis of laws in the region, I was able to confirm that this crime was not typified in the Ecuadorian national legislation.
In 2013, I was able to participate with a law proposal that typified the counterfeiting of medicines as a public health crime, in the technical table that was developing the Comprehensive Organic Criminal Code – COIP (for its acronym in Spanish), achieving in 2014 that this proposal is included as one of the new crimes in the COIP.
I also had the opportunity to present a new reform to the COIP which was approved in December 2019, through which the population is protected not only from illegal medicines but also from all counterfeit, adulterated and expired products for human use and consumption such as: liquor, food, medical devices, food, cigarettes, cosmetics, toiletries and household pesticides.
Why did I get involved in these issues? Because it is a public health crime, which affects the health and life of people, can cause the death of patients and can affect any person, our families and ourselves.
2. Undoubtedly, you have had the opportunity to work in multidisciplinary teams in Industrial Property matters. What do you consider to be the greatest added value of these multidisciplinary teams? What are the challenges?
Working in multidisciplinary teams is fundamental to fight any type of crime, in this case, the articulation AUTHORITY/ INDUSTRY/ACADEMY, has allowed us to have great achievements, not only in the typification of the crime, but also in the fight against illicit commerce.
This articulation has allowed us to train more than 2,000 officials in the country and the region, providing them with tools for this fight, promoting the development of laws (two articles of the COIP), rules, regulations and, mainly, working hand in hand in international cooperation, making Ecuador accede to the MEDICRIME Convention of the Council of Europe (First international criminal instrument to combat counterfeiting of medicines), in May 2021, becoming the first and only country in America to do so.
The challenges are immense; I mainly consider that the participation of the private sector is fundamental, since they are the ones who have the technical information of their products and they are the ones who can lead us to a correct identification of a counterfeit product.
Another important challenge is to have specialized police and prosecution units, in which the academy plays a very
important role in the area of training. We are also committed to the ratification of the MEDICRIME Convention, which will allow us to have 24/7 cooperation among the control institutions of all member countries.
3. You actively participated in the process that led to the signing of the MEDICRIME Convention in January 20, 2025. Today, three years later, what can you tell us about the tell us about the background and the impact of the signing of this agreement?
In 2019, the Hemisferios University, together with the Ministry of Foreign Affairs, convened a technical roundtable made up of institutions linked to the fight against the illicit trade in medicines, including the Ministry of Health, the National Police, the Public Prosecutor’s Office, the Judiciary Council, the Internal Revenue Service, the National Customs Service of Ecuador, different industry associations such as Alafar, Ifi, the Quito Chamber of Commerce, the Chamber of Industries and Production, among others. This technical committee made a feasibility analysis of the agreement, agreeing that it was an important tool to combat illegal trade in medicines.
In February 2021, after several meetings of the technical roundtable, Ecuador asked the Council of Europe to be invited to the Convention and after 3 months the Ecuadorian Ambassador to France, as representative of the country, signed it.
This has allowed us to train several officials from different institutions, as well as to receive recommendations to combat illicit trade in medicines.
… the participation of the private sector is fundamental, since they are the ones who have the technical information of their products and they are the ones who can lead us to a correct identification of a counterfeit product…
ASIPI’s
collaboration with local authorities and academia
Leonardo Uribe, María Fernanda Román, Anil Sadarangani and Sergio Chuez also spoke to us about how synergies with professional associations such as ASIPI can provide greater added value to the different countries in the region. There is a common point: the need and importance of raising awareness among all market players.
“(...) To promote intellectual property as a useful tool for the economic, social, scientific and technological development of our countries and to exchange information that will allow us to know the needs of the parties in this matter”
Leonardo Uribe
“Joint awareness campaigns to educate the public about intellectual property rights and their impact on the economy and culture”
María Fernanda Román
“Through the generation of knowledge and the strengthening of IP, we can contribute to transforming the productive matrix, which has traditionally been based on the extraction of raw materials”
“(...) significantly strengthen intellectual property in the region by establishing good practices and a robust IP culture, empowering the actors of the innovation ecosystem, and promoting a transformation towards a more advanced and sustainable knowledge economy”
A. Sadarangani
“ “(...) dissemination and promotion activities of the IP system aimed at entrepreneurs, businessmen and other relevant actors, in order to make them aware and sensitize them on the importance of IP assets. ”
Sergio Chuez
Is grateful for the participation of our interviewees who collaborated with great openness and readiness in the development of this section. Diagonal 6 12-42, zona 10, Edificio Design Center, Torre I, Nivel 3, oficina 301, Guatemala, Guatemala
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Fashion Law and Sustainable Fashion Brands
Fashion law is a new specialization of law that provides legal advice to all companies and enterprises engaged in the textile, fashion, luxury and retail sector. Although at the beginning it was fed by different branches of law such as corporate, environmental, intellectual property, financial, labor, labor, tax, foreign trade, among others, today, it advises on its own topics such as the use of technology in the fashion industry, such as video games, web3, metaverse and artificial intelligence; even in specific issues such as the regulation of labels, sizes, jewelry and beauty law, among others. However, undoubtedly, one of the pillars of fashion law is Sustainable Fashion, which we will develop in this article.
Sustainable Fashion was born with the designers Kate Fletcher and Stella McCartney in 2000 but became exponential in 2013 as a result of the fire in the textile company Rana Plaza in Bangladesh, where more than 1,000 people died and which showed the labor exploitation of workers and that they were exposed to hazardous chemicals. This movement, as opposed to the fast fashion movement, seeks to comply with human and labor rights standards, respect for environmental standards and the im-
plementation of good corporate governance, producing a quality product without polluting the environment and in which the people who work in its manufacture obtain a fair and equitable salary, which is aligned with the 17 SDGs published by the UN.
The principles of this movement are as follows:
a) Product traceability: Include environmental, social and good corporate governance (hereinafter, ESG) criteria throughout the entire chain, from the conceptualization of the design, through the manufacturing, marketing and promotion of the product until it is in the customer’s closet.
b) Transparency: Communicating to consumers how, by whom and with what materials the product was made, as well as the brand’s values.
It should be noted that sustainable fashion is divided into four subcategories:
… We are witnessing a process of transformation of the fashion industry in which fashion lawyers can contribute by advising textile, fashion, luxury and retail companies to become sustainable…
a) Ethnic Fashion: It revalues ancestral procedures and gives importance to folklore and craftsmanship, i.e. handmade, which for many is considered the new luxury. Here, for example, designers fight against cultural appropriation, as well as implement regulatory standards for the marketing and export of traditional raw materials such as vicuña, cashmere, alpaca, cotton, among others, as well as new alternative fibers such as punga flower that, mixed with other materials can produce a new fabric which could be the subject of a patent.
b) Ecological Fashion: It gives importance to the fight against environmental pollution and revalues eco-friendly policies. In this category are the second-hand businesses on clothing rental or resale companies such as the digital platforms Vestiaire Collective1 or The Real Real2 that sell second-hand luxury clothing and accessories, among others. It should be noted that within this category there is Vintage Fashion, which consists of the use and reuse of an old garment (recycling) but there is also Upcycling (Super recycling) whereby an old garment is transformed by adding new elements, selling the product as if it were new, for example, a suit with a hood. There is also fashion sharing, which is a business model that consists of renting used clothing by paying a flat fee (like a fashion Netflix!).
c) Technological Fashion: It gives importance to the use of technology for the benefit of society, specifically in the innovation of materials such as fabric for anti-sweat, anti-ultraviolet light polo shirts, or the use of cactus as leather. Here, for example, we find Blue Fashion, which uses technology to convert fish skin into leather to make purses or wallets.
d) Ethical Fashion: It is concerned with implementing policies within the company through good corporate governance so that the social and environmental purposes of the company are met and are aligned with the 17 SDG. Corporate figures such as the Corporation for Collective Benefit and Interest (Peruvian “Sociedad BIC”) or Responsible Ownership are used by companies in order to develop these purposes and maintain them over time.
Now, the consumer has changed and is increasingly wondering who, how and with what materials their garment is manufactured. That’s why Greenwashing or SocialWashing companies that sell themselves as green or as social without being so have appeared. However, in the last few years certifying companies have emerged, which, as their name suggests, validate the production process, compliance with labor or environmental standards and that the raw material is organic. International certifications such as System B, which promotes the implementation of ESG in the manufacture and marketing of the product, Fair Trade, which gives importance to compliance with the company’s labor standards, or GOTS, which certifies that the cotton is organic, stand out.
Likewise, the European Union wishes to add ESG criteria to products entering its market through the implementation of a digital passport for textile products, and some legislations are evaluating the possibility of identifying brands that meet these criteria with a distinctive sign or the word “Sustainable”, so that consumers are aware that they are truly sustainable brands.
We are witnessing a process of transformation of the fashion industry in which fashion lawyers can contribute by advising textile, fashion, luxury and retail companies to become sustainable.
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Suspension of trademark procedures finally feasible in China
At the end of last year, China Intellectual Property Administration (CNIPA) has issued and updated version of the “Trademark Review and Adjudication Case Examination”, which is the internal working guideline on trademark review and adjudication to be followed by examiners.
In these Guidelines, the CNIPA provides for the first time on an exhaustive manner, specific rules on suspension of trademark procedures. This is a crucial decision that intends to address a long-standing issue which has been a point of frustration for many foreign rightsholders who had to challenge bad faith or prior similar applications or registrations, while prosecuting their own trademark applications.
The idea in practice is to reduce the burden on the applicant of a new trademark application who may have to go through several rounds of re-filing in order to overcome a prior cited of trademark right while awaiting a decision in a pending opposition or invalidation action and to reduce the unnecessary costs derived from it.
Over l the last years, many foreign parties trying to register their trademarks in China have found themselves in a situation where the anticipated decision in a parallel proceeding to remove a cited mark would be
issued after the applicant’s deadline to submit a substantive response in support of a specific trademark proceeding. We may expect this new regulation, which will allow for suspending the application procedures will accelerate this process and render it less costly.
It is important to note that the request for suspension must be filed in writing and within the period of 3 months after having filed the appeal/ review against provisional refusal (or Opposition Appeal; Invalidation). Furthermore, in principle, the party who applies for the suspension must also request the suspension to be lifted once the underlying reason for the suspension has been resolved.
Because CNIPA will not communicate to the applicant whether the suspension has been granted. there remains a certain uncertainty for the applicant.
According to the Regulation, there are seven situations in which the CNIPA should grant suspension upon request, and there are three situations in which the CNIPA may grant suspension even in the absence of request by the applicant.
These 10 different scenarios are summarized in the following chart:.
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Should be suspended
• Refusal Appeal;
• Opposition Appeal;
• Invalidation.
The disputed mark or cited mark(s) is in the change or assignment procedures, and there is no longer a conflict of rights after the change or assignment.
The cited mark(s) has exceeded the validity period and is in the renewal procedure or within grace period.
The cited mark(s) is in the abandonment or withdrawal procedure.
The cited mark(s) was revoked, declared invalid or not renewed, at the time of trial, revocation, invalidation or cancellation has not yet completed one year.
Change or Assignment
• Refusal Appeal;
• Opposition Appeal; • Invalidation.
Case(s) involving the cited mark(s) has been concluded waiting for the effectiveness, or waiting for the re-issuance.
One-year isolation rule, Article 50 of TM Law
This Article focuses on cases where the cited mark(s) is owned by an associated company and is assigned to the same entity.
• Refusal Appeal;
The prior rights involved must be based on the outcome of another case being heard by the People’s Court or being handled by an administrative authority;
Waiting conclusion of cited mark(s)’s related case
This Article is mainly used in cases where the cited mark(s) has been successfully invalidated, but the new application has been refused under Article 50.
This Article mainly refers to the situation in which the cited mark(s) has been ruled to be cancelled, while the confirmation of cancellation notification has not been published on trademark gazette yet, which is more common for IR TMs. Due to procedural issues, usually the confirmation of cancellation notification of IR TMs will be published later than domestic TMs.
Prior rights are pending in the examination.
The state of the cited mark(s) involved must be based on the outcome of another case being heard by the People’s Court or being handled by an administrative authority, and the applicant clearly requests the suspension of the examination; Cited mark(s) is pending in the examination and based on the request of applicant.
This Article mainly refers to the uncertain status of prior rights or cited mark (s) that have substantial impact on the case and are in the process of refusal appeal, cancellation or invalidation.
8 Can be suspended • Refusal Appeal;
If the cited mark(s) involved has been filed with a request for invalidation, and the registrant of the cited mark(s) has been found to constitute a bad faith registration in other cases according to Article 4, 19.4 and 44.1 of the TM Law, the examination can be suspended
Cited mark(s) is pending in the invalidation and has already been proved as enjoying bad faith in other cases.
This Article is quite favorable to the real right owner. For example, in refusal appeal cases, if the cited mark(s) is found to be a rush registration with bad faith and we already filed invalidation, the CNIPA examiners could take the initiative to suspend the examination of the refusal appeal even in the absence of request from the applicant
9
If it requires to wait for the same or related case(s) in the previous ruling or judgment, the examination can be suspended based on the needs of individual cases,
Waiting for the outcome of same or related case(s) in the previous ruling or judgment
This Article is mainly for the series cases (related cases). The CNIPA examiners could take the initiative to suspend the examination to achieve the same standard examination for same(similar) cases, to avoid the situation that the same case (similar) cases have different outcome.
10
• Refusal Appeal;
• Opposition Appeal; • Invalidation. For the scenario that cannot be exhausted, in the spirit of necessity and in favor of legal rights holders, with reference to the above, the examiner can decide on his own whether to suspend or not based on to the specific circumstances of the case.
Other situation
Finally, in an attempt to help understanding CNIPA’s practice and the implementation of these new regulations, CNIPA has published an article on these new regulations on its website, which can be found in the following link:
And even though the article is only in the Chinese language an automatic translation of the webpage offers a very good understating of is content and the explanations provided by CNIPA. (cnipa.gov.cn)
/The CNIPA examiners could tale the initiative to suspend the examination in the absence of a request from the applicant.
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The value of Intellectual Property elements as a business asset
Have you ever wondered what the importance of protecting a company’s intellectual assets is?
Brands, commercial slogans, works protected by copyright, software and innovations are intangible assets that can represent a large part of the value of a company.
The valuation of these intangibles is not a simple task. Even now there is no standard that binds private parties that establishes a specific valuation method for these assets. We talk about determining the value based on future flows, discounted cash flow, adjusted cost, among other even more abstract and gaseous methods.
If we talk about brands, they are closely related to their identity and, in many cases, they translate into their most important asset. Clear examples would be the brands ranked in the 2024 edition of The Top 100 Most Valuable Brands1, in which Apple appears with a value of 516.6 billion, Mi-
crosoft with 340.4 billion and Google with 333.4 billion US Dollars.
The value of the brands – according to the ranking under comment – has been determined based on the income on the brands (including royalties), the strength of the brand (including the investment in the brand, its reputation and its performance in the market).
Of the 100 brands ranked, 17 of them correspond to the technology sector, a sector in which clearly the protection of innovation, through intellectual property tools (patents, software, industrial secrets, among others), is essential. These tools seek to generate a monopoly that ensures the exploitation of those who invested in their development and, in addition, promote the continuation of said initiatives.
Even with this, in practice we are still asked if to start using a brand “it must be registered first”. And the fact is that trademark registration is not
Information taken from: https://www.bankinter.com/blog/empresas/ranking-marcas-mas-valiosas-del-mundo 1.
always among the essential elements to consider when starting a company’s operations. Nor is the protection of innovation through the different figures that intellectual property offers us. This is a mistake.
Imagine a scenario in which a company is formed and it begins to successfully market a certain product. Now, imagine that the brand that identifies the company and/or said product was not registered at the time and that it can no longer be registered because a similar brand already exists in the trademark registry.
Now, think that said product implies a new industrial application that was not present in the market and that has not been properly protected, so it is “copied” by the competition, without the possibility of preventing said use due to not having the rights. registered for this purpose.
These situations would put the investment in terms of time and money at risk for these companies, since cases such as those described above are more frequent than one might think and this is due to the lack of knowledge of the benefits granted by intellectual property, but above all, all of the value that their due protection brings them.
From the value of these elements themselves, their potential to carry out transactions such as their sale or transfer, licensing schemes with the consequent payment of royalties, to the possibility of using them as tools to achieve leverage in loans for the benefit of companies, among other multiple exploitation alternatives, intellectual assets are elements of utmost importance in economic terms, which should not be neglected or relegated and their protection must be timely and adequate to maximize their benefits.
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Legal Framework and IP Protection in Ecuador
The protection of intellectual property (IP) rights is crucial for fostering innovation and economic development. Ecuador has implemented various strategies to safeguard these rights, adapting to market needs and complying with international standards. The evolution of Ecuador’s legal framework concerning IP has been vital in addressing modern challenges of counterfeiting and piracy.
Evolution of the Legal Framework
Over the past 20 years, Ecuador has witnessed a significant evolution in the protection of IP rights. Initially, the country had a limited legal framework which, although functional, did not effectively address all protection needs. Over time, substantial improvements have been made, particularly in criminal and administrative actions, strengthening the country’s capacity to protect IP rights.
In 2008, Ecuador recorded approximately 350 border measures implemented by the then Ecuadorian Customs Corporation, with more than 1.2 million illegal products detained at customs. These measures marked a significant advancement in combating smuggling and piracy. However, in recent years, Ecuador has faced significant challenges, including a decrease in the number of border measures due to a reduction in the operational capacity of customs authorities and changes in regulations.
Since 2022, Ecuador’s administrative authorities have shown a renewed commitment to protecting IP rights through administrative actions. This significant increase is due to the coordinated efforts of national and international actors and the training of local authorities. Additionally, there has been an increase in criminal actions related to trademark and copyright protection, emphasizing the importance of judicial actions in the fight against piracy and counterfeiting. These efforts reflect a commitment to addressing threats to IP in Ecuador.
Challenges of the Current Legal Framework
Despite legislative advances, the current legal framework presents significant deficiencies that limit its effectiveness in protecting intellectual property (IP). In particular, Article 208A of the Comprehensive Organic Criminal Code (COIP), which criminalizes “acts harmful to intellectual property,” while providing important protection, has deficiencies that affect its efficacy.
One of the main deficiencies is the consideration of commercial scale and economic valuation for determining harmful acts. The regulation indicates that the magnitude, economic value, and quantity of goods or services are determining factors but does not provide specific criteria on
… It is essential to continue improving legislation and protection strategies to address new forms of IP rights infringement. …
how to evaluate these factors. This lack of clarity can lead to inconsistencies in the application of the law and hinder the work of competent authorities.
Additionally, the article describes a series of specific acts that constitute IP violations, such as the manufacture and commercialization of products with registered trademarks, the use of counterfeit labels and packaging, and the reproduction of patented products. However, this enumeration can be restrictive, leaving out other forms of infringement that are not explicitly mentioned but equally harm IP rights holders. This can create legal loopholes that infringers may exploit.
Unmentioned Forms of Infringement
Article 208A of the COIP does not cover all forms of infringement, especially in the realm of acts harmful to copyright, which are addressed by Article 208B of the COIP. However, there are still forms of infringement that current legislation does not adequately contemplate.
Despite legislative advances, the current legal framework presents significant deficiencies that limit its effectiveness in protecting IP. For example, one of the most problematic areas is the hosting and facilitation of piracy: operating, maintaining, or facilitating services that host or distribute pirated content, including file servers, torrents, and download links. These services, which host such links, are not adequately regulated, representing a significant legal gap.
Although the COIP, through Articles 208A and 208B, provides a foundation for the protection of intellectual property and copyright, it is necessary to update and expand these provisions to adequately address modern forms of infringement, especially in the digital en-
vironment. The legislation must be clear and specific in the assessment of economic factors and in the enumeration of infringing acts to avoid legal loopholes and ensure comprehensive protection of IP rights.
Procedures and Sanctions
Article 208C of the COIP complements 208A by establishing procedures for the reporting, investigation, and prosecution of IP crimes, as well as the corresponding penalties. However, the implementation of these provisions can be complicated.
The regulation provides for the destruction of infringing goods and the possibility of free allocation of the same, provided their functionality is not harmed and IP rights are not violated. This process is difficult to manage and requires efficient collaboration between authorities and rights holders, which is not always viable in practice.
The treatment of legal entities responsible for these crimes also presents inconsistencies. The law sanctions legal entities with the confiscation of goods and fines, but it is not always clear how these sanctions should be applied in practice. Additionally, the fact that the costs of destroying seized goods fall on infringers, and failing that, on the rights holders, adds an additional economic burden that may discourage brands from reporting infringements.
It is essential to continue improving legislation and protection strategies to address new forms of IP rights infringement. Only through coordinated and continuous efforts by all stakeholders can effective protection of IP rights in Ecuador and the entire region be guaranteed. Clarity and specificity in legislation, along with more efficient practical implementation, are necessary for the legal framework to effectively fulfill its objective of protecting IP rights in Ecuador.
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Our interns in the Intellectual Property Summer Institute program (IPSI) at the University of New Hampshire – Franklin Pierce School of Law
In 2022, an unprecedented agreement was entered into, between the University of New Hampshire - Franklin Pierce (UNH) and ASIPI with the purpose of encouraging and facilitating the multidisciplinary study of intellectual property to ASIPI Associates.
This agreement, which grants scholarships for three (3) of the different programs offered by UNH, is celebrating its second edition. In the first one, some of the winners participated in a Webinar, where they talked about their experience, challenges associated with the program and positive results. For this edition, we interviewed the winners of the Intellectual Property Summer Institute - IPSI program, to know what are the results of the program for them and, in general, to gather some ideas of how they see the practice of Intellectual Property.
Our winners are Camila López (C.L.) Antonio Freitas (A.F.) and Sofía Bertossi (S.F.), and these are some of their answers to our more general questions:
Camila López Uruguay
Antonio Freitas Brazil
Sofia Bertossi Argentina
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1. What prompted you to apply for this scholarship?
C.L.: What motivated me in the first place was the recommendation of several colleagues who had participated in IPSI for having obtained this same scholarship. They highlighted the academic excellence of the University and its professors, as well as the unique opportunity to study at an institution in the United States, more so at UNHFranklin Pierce because of its renowned specialisation in intellectual property. I considered this scholarship as a unique opportunity to attend such a high-caliber university, and to acquire useful tools, exceptional knowledge and inspiration for the development of my practice and career in Uruguay.
A.F.: I was introduced to Franklin Pierce School of Law and its programs during a visit to my firm by Sarah Dorner, Assistant Dean for Graduate Admissions and International Outreach. From that moment on, I began researching the school and its program, and I was impressed by the experience and expertise it offers in IPrelated matters. So, when I learned that ASIPI had an alliance with the University and a scholarship whose selection combined two of my passions, Intellectual Property and research, I decided to apply.
… I was impressed by the experience and expertise it offers in IP-related matters…
S.B.: Since I was a child, I always craved the experience of studying abroad. I grew up in a small town in the south of Argentina and, after my sister, I am the second to finish university in my family. The chances of being able to study abroad were always low, but I never stopped visualising it, training and, above all, studying English. As a result, when I saw this opportunity, I knew I had to give it a try; my bosses encouraged me to participate and my family convinced me. A summer course was the perfect option to start experiencing studying in another country and in another language.
2. What would you consider is the added value of this program for your career development?
C.L.: Beyond the in-depth topics that we dealt with in each subject, which had an extremely deep and interesting approach, what most caught my attention and I consider that it can bring me great added value is the methodology that they use to teach you to solve litigation and legal problems. This is particularly relevant for me, as I work in the firm’s IP litigation department.
I found the exercises in the classes, and the homework assignments, to be extremely interesting. The dynamics of solving a case were often based on analysing the perspective of the opposing party, dividing us into groups and assigning us alternate roles of plaintiffs and defendants, urging us to constantly change our perspective. This practical and dynamic exercise is something I find interesting and a way of thinking and strategizing that complements my professional knowledge.
… The dynamics of solving a case were often based on analysing the perspective of the opposing party, dividing us into groups and assigning us alternate roles of plaintiffs and defendants, urging us to constantly change our perspective…
A.F.: As IP practitioners, especially in Latin America, we interact on a daily basis with clients from the US and other parts of the world doing business in the region. This requires us to (i) thoroughly understand our legislation and, especially, (ii) effectively translate our institutions and regulations so that our international clients understand them. This work inevitably also requires an understanding of the intellectual property system of these clients. Thus, in addition to the desire to acquire and perfect my technical knowledge of US IP, a large part of my motivation lies in the ability to be able to advise in a new and broader perspective that includes not only the mere literal translation of the law, but its “transcreation”* capable of generating effects on different players in different markets.
S.B.: From a professional point of view, the program not only provided me with new tools to apply in my daily practice, but also allowed me to meet professionals from different countries, encouraged me to continue growing in the world of intellectual property and strengthened my self-confidence, especially in relation to the second language.
Particularly, from the courses, what I highlight the most are the new challenges faced by trademark protection programs and the legal issues that are being discussed in relation to Artificial Intelligence and new technologies in general.
3. This scholarship is an opportunity derived from a collaboration between ASIPI – UNH Franklin Pierce. What’s your relationship with ASIPI and what would you highlight as your favourite part of this Association?
C.L. My relationship with ASIPI is somewhat recent. It began with my first participation in the Congress held in Medellín in 2022. From the beginning, when I did not even know the dynamics of the events, I felt accompanied and supported, especially in the meeting with the mentors where I received invaluable guidance. Later, I became a member and actively participated in the legislation and harmonisation committee, where we collaborated on various projects and meetings that I found to be very fruitful encounters in both professional and human terms.
What I value most about ASIPI is its personalised and warm approach. Every time I needed guidance - especially while organising my trip to New Hampshire to attend UNH - Franklin Pierce - I received support to move forward with confidence. I
would especially highlight ASIPI’s warmth in treating people and also its efficient communication with its members.
A.F. I am an associate of ASIPI and, beyond that, I firmly believe in the philosophy of the Association. ASIPI does the hard work of not only disseminating and raising awareness of Intellectual Property among professionals, entrepreneurs, inventors and other actors in the region, but it has also increasingly promoted Latin America and its opportunities abroad. Undoubtedly, this role, in addition to benefiting its own members, is an important vector for the acceleration of investment and technological development in our region. Each ASIPI member is a disseminator of the wealth and potential that Latin America has to offer.
S.B.: I got to know ASIPI through my law firm. When I started working at Noetinger & Armando, I noticed that my bosses travelled to the association’s events, sent us invitations to participate in different webinars organised by ASIPI and I even saw a lot of their commitment through social networks.
Since then, I wanted to be part of this community, where everyone works and dedicates time and knowledge to improve intellectual property at a regional level.
That is what I like most about ASIPI, the calling and commitment shown by its members without expecting anything in return.
… That is what I like most about ASIPI, the calling and commitment shown by its members without expecting anything in return.…
Further to the replies above, we can also see some particular details of each one of these Associates:
Camila López
1. In your article you talk about “Secondary Meaning” as a legal transplant. Do you think this is the future of Intellectual Property law?
Although each country has different regulatory realities, the lack of clarity and uniform criteria in the assessment of secondary meaning is a common factor in the region. I had the impression that in Uruguay the application of secondary meaning was deficient and this led me to search for pronouncements in countries in the region as part of my professional practice.
I identified what I considered to be errors in the interpretation of the law and in the evaluation of evidence. This led me to the conclusion that it was necessary - or at least relevant - to address this issue in an essay.
As I pointed out in my article, secondary meaning reflects the psyche of a society. Therefore, perceiving discrepancies between what one tends to think would be the consumer’s perception and the outcome of judicial and administrative rulings, I found it interesting to contribute to the topic. The judicialization of social issues can lead to a detachment from reality, especially in a world such as that of consumption, which has changed radically in recent years, in the face of the rigidity and formality of judicial processes.
Although the national and regional doctrine in this field is solid, it may be necessary in some cases to strengthen the definition of this concept in legislative matters. It is also relevant to achieve better definitions of means of proof and to correctly identify the relevant aspects for its assessment.
Along the region, it is a common practice to believe that notoriety and advertising investment are sufficient to demonstrate this “Secondary Meaning”, when in reality this concept can exist independently of these factors. Therefore, it is necessary to put an end to such false beliefs and focus on consumer perception to determine these issues.
In conclusion, given that doctrinal works have not had the weight they deserve and judicial precedents are not sufficient to establish good practices in the assessment / determination of secondary meaning, I believe that a good first step could be to strengthen the definitions in the legislative field, or to obtain clear
guidelines from trademark offices to guide towards a better understanding and application of this institute.
… In addition to substantive and in – depth knowledge, IPSI also focuses on the “how to”, applied to thinking and finding effective strategies to resolve litigation and legal issues. This practical and dynamic methodology has been particularly relevant to my professional practice overall…
2. Your experience is not limited to Intellectual Property law. Do you consider that this IPSI experience has a scope that permeates your entire professional practice?
My experience in IPSI has definitely permeated various areas of my professional practice. IPSI’s holistic approach influences several aspects of the law and legal strategy. In addition to substantive and in – depth knowledge, IPSI also focuses on the “how to”, applied to thinking and finding effective strategies to resolve litigation and legal issues. This practical and dynamic methodology has been particularly relevant to my professional practice overall. The ability to change perspective and think strategically has allowed me to complement and enrich my professional knowledge in a significant way.
Antonio Freitas
1. In your article you refer to the “Information Society”. Every day we see more and more the interaction of Intellectual Property with related matters such as consumer protection, habeas data, among others. Also, we see a tendency of professionals to hyper-specialise in very deep / specific areas of knowledge. Where do you see the balance to be able to face these practical challenges where several specialties are combined?
Intellectual Property is, at its core, a multidisciplinary field. In my essay, I have devoted myself to the study of the dynamics that
mark the relationship between intellectual property and informational data in the current context of the Information Society. However, it is necessary to be cautious about hyper-specialisation.
… even if we have more or less affinity with one or the other area, we should always be guided by the fact that we are professionals who must and need to be prepared to serve the IP system as a whole…
Indeed, the Information Society requires us to address and propose solutions to a variety of problems that often cut across different sectors of the economy. At one moment we may be dealing with issues relevant to engineering and at another to the information technology sectors. It is equally important that we are prepared to offer customised solutions to help entrepreneurs and managers overcome these challenges. Therefore, even if we have more or less affinity with one or the other area, we should always be guided by the fact that we are professionals who must and need to be prepared to serve the IP system as a whole.
2. Your experience relates both to prosecution and enforcement of rights. What do you consider to be the success factor in these enforcement scenarios, in the light of the concept of the “Information Society”?
The focal point of the theory that defines the current moment in history as the “Information Society” is based on a transition that, when viewed through the lens of Intellectual Property, reveals a shift from a value chain predominantly based on the transfer of physical objects, products of purely industrial development, to a society driven and fuelled by data capable of generating useful information. Moreover, not all data is relevant to the Information Society, but specifically that which, when inserted in a cycle of economic exchange, can generate financially relevant information: economic-informational data.
As a result, academics and IP experts have devoted efforts to identify the appropriate form of protection, in line with established intellectual property rights. However, the civil law tradition and the requirements set out in most local legislations represent an ob-
stacle to obtaining and enforceable right for the owners of such data. In addition to the above, industrial property rights are closely linked to or dependent on state enforcement through effective registration processes. Therefore, failure to comply with the objective requirements of local laws may result in vulnerability for the collection and enforcement of informational data as intangible assets deserving protection under IP.
However, the Norms-Based IP System theory provides a perspective that intellectual property does not end with state intervention, but is often regulated privately, with economic agents establishing and regulating informational data according to their interests and the ability of this data to be integrated into their development cycle, thus forming an IP system based on economic and social norms driven by group interest.
On the other hand, there is no denying the weaknesses of a strictly private system, nor the difficulty of determining under what species these assets would be protected through traditional IP routes, which inevitably creates challenges for accessing judicial systems in case of conflict. However, the absence of consensus among operators or legislators has not prevented companies from privately negotiating the terms and scope of protection of informational data. This is because, as society moves towards the transfer of informational data as a true commodity of modern times, actors self-regulate to attribute protection to these data.
Consider a “healthtech” that focuses on the intelligent mapping of diseases in a region through the mass categorisation of data such as age groups, types of existing conditions, individual economic situation and lifestyle parameters of citizens. Individually, these parameters are simple data points that do not attract attention in the Information Society; however, when they are part of a database and their combination can provide valuable information to a secondary agent, they become informational data. The intelligence involved in feeding and processing this data could commonly be protected through copyright, if it were software. On the other hand, how would the data itself be protected? In this scenario, protection is assigned precisely by the private actors involved in the transaction, who through self-regulation negotiate the scope, forms of use and limits using a Norms-Based IP System.
contests
Sofía Bertossi
… The new scenarios involving artificial intelligence are more complex. They require greater technical knowledge and, in addition, to go beyond purely trademark, patent or copyright issues; they involve various fields such as privacy and data management, ethics, programming, economics, computer security, among others…
1. Your professional experience stands out in trademarks: What do you consider to be the challenge in terms of legislative enforcement for this form of Industrial Property?
In terms of legislative enforcement, both in relation to trademarks and intellectual property in general, I believe that the main challenge in Argentina lies in the judicial system; in the delays in proceedings, in the training of judges in intellectual property matters and in the lack of technical divisions.
A specialised court in this area would not only improve the quality of decisions, but would also allow for consistency and predictability between them. In addition, it would improve the time taken for each trial, as nowadays trials can take up to 8 or even 10 years.
During the summer course I had the possibility to listen to what the judicial structures are like in other Latin American countries. In Mexico, Chile and Brazil, for example, there are specialised IP courts, while in Colombia and Peru there are only technical courts.
Such courts, or even a chamber within the existing structures, could be a good start in Argentina to improve in relation to legislative enforcement.
2. In your article you talk about the regulation of Artificial Intelligence in relation to trademarks: Do you consider that there is a need for greater interdisciplinarity in the effective enforcement of Intellectu-
al Property rules in the face of the increased use of artificial intelligence?
There is definitely a need for greater interdisciplinarity in the application of IP rules, especially with the increased use of artificial intelligence.
The new scenarios involving artificial intelligence are more complex. They require greater technical knowledge and, in addition, to go beyond purely trademark, patent or copyright issues; they involve various fields such as privacy and data management, ethics, programming, economics, computer security, among others.
For example, as I develop in the article, it is no longer the consumer who directly acquires the product or service; other agents intervene in the process, such as a chatbot. Consequently, it is necessary to reconsider certain figures such as the choice of a trademark and it being confusingly similar to other trademarks in the market.
The same principle applies to copyright, as generative AI is changing the way we create. Questions arise not only about authorship and ownership of the work, but also, for example, about the protected works used by the algorithm to generate the content.
Finally, in terms of patents, AI is generating new forms of inventions; emerging technologies, machine learning models, algorithms, among others, which may be patentable as long as they comply with the requirements of each jurisdiction.
60 Years of History
60 Years of History
In Mexico City, on January 8, 9, and 10, 1963, prominent professionals of industrial property in Latin America held a series of preliminary meetings where they discussed the need to create an organization devoted to the study and resolution of issues related to the area. However, it was not until April 11, 12, and 13, 1964, that an inaugural meeting was held, also in Mexico (Acapulco and Mexico City) and a president, a vice president, and a treasurer were elected, a draft constitution was discussed, and statutes were established.
At that time, the idea was to “initiate an information campaign within governments, industry, commerce, and the general public, highlighting the importance of industrial property for the rapid development of national economies; to establish a list of legal issues that ASIPI should address and the order of priority in which they should be dealt with in relation to patents, trademarks, industrial designs, unfair competition, technical assistance (know-how), and other matters related to industrial property.”
Sixty years later, as we celebrate our diamond anniversary, we continue working with the same vision. Indeed, the ASIPI Executive Committee’s roadmap for the 2023-2025 period underscores the need to strengthen the association’s presence in every country of the Latin American region, promote public-private collaboration through support networks with related institutions, and encourage the active participation of members in relevant events and activities.
This demonstrates that we are a coherent, consistent, congruent, and harmonious association that has been working for decades in a unified manner to achieve its ideals.
We invite you to celebrate this anniversary and to continue working together to strengthen the intellectual property system on this side of the world.
We look forward to seeing you in Panama to conclude the commemorations for this special anniversary with a grand finale.
ASIPI meeting, 1964, time of founding of the association
President José Barreda Moller Peru
Secretary Ramiro Castro Duque Colombia
Vice-President Alfredo Cordero A. Chile
General Secretary Ernesto R. Viteri Guatemala
60 Years of History
I ASIPI Congress, November 6 to 11, 1965, Buenos Aires, Argentina
IV Congress of ASIPI, November 11 to 15, 1974, Santiago de Chile
60 Years of History
1997
XIII Congress of ASIPI, October 26 to 30, 1997, Santiago de Chile
1997
Executive Committee. Santiago Bustamante President
2000
XIV Congress of ASIPI, October 22 to 26, 2000, Buenos Aires, Argentina
2001
60 Years of History
2006
2009
Executive Committee. Fernando Triana President
60 Years of History
2013
Peter D. Siemsen, Eduardo Mayora Dawe and Miguel B. O’Farrell at the XVII Work and Board of Directors Conferences, on December 3, 2013, in Punta Cana, Dominican Republic.
2015
Executive Committee. Juan Vanrell President
60 Years of History
2017
Executive Committee. María del Pilar Troncoso President
2019
Executive Committee. Elisabeth Siemsen President
60 Years of History
2022
Executive Committee. Enrique Díaz President
2023
Executive Committee, Luis Henriquez President
Program in progress
Program in progress
On March 3, 2021 the ASIPIPro Bono program was launched, with the purpose of supporting entrepreneurs and other vulnerable groups in the identification and protection of their Intellectual Property rights.
Today, three years later, we proudly say that we have received more than 50 cases, of which more than 40 are being processed by our Pro Bono Associates. In social networks, we have shared testimonial videos of
Weaving Networks
our Pro Bono Clients, who are grateful for the change that is being generated in their lives, thanks to the program. We have already achieved the successful completion of at least six (6) cases.
Within this growth process, we have scheduled virtual and face-to-face activities, which have strengthened the presence of the program in the region, both with authorities and with entrepreneurship centers.
Program in progress
Since our Working Sessions in Medellin in December 2022, we have consistently organized face-to-face training events and Pro Bono clinics in the countries where we hold our biannual events, in conjunction with ASIPIEMPRENDE, aimed at raising awareness among communities of entrepreneurs and artists, as well as disseminating the program in the region.
In February 2023 we received our first case from WIPO, thanks to the joint – support agreement signed with this organization. Today we have more than 5 active cases with WIPO.
With the support of Raquel Toñánez, Margarita Zambrano and Enrique Moller we have made specific alliances with authorities in Paraguay, Ecuador and Guatemala, an exercise that we want to replicate in as many countries of the continent as possible.
Today, we invite the ASIPI community to join us as Pro Bono service providers, to approach us with contact initiatives with their local associations of entrepreneurs, in order to continue weaving these welfare networks.
res judicata
res judicata
In the ever-changing landscape of intellectual property, and law in general, case law plays a pivotal role in the evolution and definition of several institutions. In this article, we explore recent judicial decisions that have produced guidelines and established prec-
edents in the fields of the right to be forgotten and of artificial intelligence in patent matters, allowing for the identification of trends and patterns that will undoubtedly help shape the outlook of data protection and intellectual property.
Ruling from the Supreme Court of Justice No. 1410/2023 dated 12/21/2023 file: IUE: 2-46181/2021- Supreme Court of Justice.
The first case under analysis comes to us from Uruguay. The case arises from a lawsuit filed against Google, in which the plaintiff requested the de-indexing of several URLs he considered detrimental to his honor and reputation. This claim was based on the concept of the “right to be forgotten/ right to oblivion” which seeks to protect individuals from the indefinite retention on the internet of information that could negatively affect their image and reputation. The plaintiff relied on Law No. 18,331 and argued that the right to be forgotten is an extension of the right to the protection of personal data, through which the data subject can request the deletion of outdated, obsolete, or defamatory information affecting their honor, reputation, privacy, or intimacy. The plaintiff argued that this right is recognized within the Uruguayan legal framework as a form
Camila López Uruguay
Rubén Calderón Venezuela
res judicata
of “habeas data” and that, therefore, the claim should have been processed through this procedure. The judicial process was complex and went through several stages, from an initial ruling against Google to an appeal that overturned this decision. Finally, the case reached the highest judicial instance, the Supreme Court of Justice of Uruguay. In its ruling, the Court rejected the lawsuit and annulled the entire process, arguing that the abbreviated procedure of habeas data was not appropriate for addressing matters related to the right to be forgotten. The Court established that, although the plaintiff claimed circumstances such as falsity, prohibition of processing, discrimination, or obsolescence of the data, he could not adequately prove them. Furthermore, the Court emphasized that search engines, such as Google, are not responsible for the information published in their search results, as their function is limited to indexing URLs. The Sentence points out that the indexing function refers to the process by which internet search engines collect and organize information from web pages to create an index of the available content on the internet, stating that when a web page is indexed, the search engine examines its content and then stores the information, so that it can be processed and presented to the user in response to their search queries, according to the entered words. This implies that the search engine is neither the author nor the owner of the web pages that are reported as search results. The Sentence establishes that “For the case, the web pages whose de-indexing is requested (mostly media notes, news and opinion portals, YouTube videos) are not authored by the defendant”1 These points are of utmost importance as they resolve pending debates and provide clarity on a complex issue. The decision of the Supreme Court not only sets a precedent in Uruguay (since it is the first sentence addressing the right to be forgotten) but also contributes to the global debate on online privacy and the balance between individual rights and the circulation of information on the internet. Ruling of the Supreme Court of Justice No. 1410/2023 dated December 21, 2023, file: IUE: 2- 46181/2021 - Supreme Court of Justice 1.
Patents, Artificial Intelligence and Software protection. Understanding “programs for a computer as such”
The second case refers to patentability of software, that has been a long-discussed topic in academia, patent offices and national and international courts since the 70s (Elacqua, 1974, p. 782) . The constant technological evolution has led to the fact that, predictably, contemporary computer programs are subject to controversy about their patentability, as is the case with several Artificial Intelligence applications. The decision awarded by Sir Anthony Mann of the UK High Court of Justice in the case Emotional Perception AI Ltd v. Comptroller-General of Patents, Designs and Trade Marks (onwards, UKIPO) tackles the issue of patentability of Artificial Intelligence programs, prima facie excluded from patent protection by provision of the UK Patents Act of 1977 , whose text on computer programs is equivalent to Article 52(2)(c) and 52(3) of the European Patent Convention 1973.
The conflicting patent application involves artificial neural (ANN) network technology that enables AI training for categorizing multimedia files, especially music, according to human emotional and behavioral patterns through a semantic system. This application was rejected by the UKIPO, as it deemed the application claimed a computer program as such, since it considered that the neural network could not be detached from its software platform. This rejection was appealed and consequently decided on November 21, 2023 by Judge Mann, whose decision resulted in UKIPO stablishing new guidelines for the examination of ANN-related patents (UKIPO, November 29th, 2023) .
The basis of the decision, in summary, argues that the claims of the application, although associated with the use of computer programs, do not claim said program as such. The actual scope of protection for the patent was the product-by-process that results of the selection and categorization of files that the neural network performs, whose inventive concept goes beyond and does not depend on the program or its programming. This approach and the resulting examination guidelines from UKIPO are a positive step for the development and protection of AI-based technical solutions, with a clear comprehension of the applicability of patentability exception contained in several legislations.
www.asipi.org/biblioteca/es
During the second semester of 2023, ASIPI with the collaboration of its members, has made the following publications that can be found in our library
so it was La Antigua
INTRODUCtioN
The charming city of La Antigua Guatemala brought together the most prestigious professionals, experts and enthusiasts in Intellectual Property from our beloved American continent. During three days of intense activities and conferences at the Hotel Casa Santo Domingo, attendees had the opportunity to deepen their knowledge on the convergence between Artificial Intelligence and Intellectual Property, exploring the most cutting-edge trends and advances in this field.
Leading academics, attorneys, experts and industry leaders came together to share their perspectives and experiences, providing a comprehensive view on how Artificial Intelligence is transforming the landscape of Intellectual Property rights. The former colonial capital of Guatemala, with its historical beauty and surrounded by a chain of majestic volcanoes, served as the perfect setting for this event, leaving an indelible mark on all participants.
The seminar not only provided a space for learning and professional updating, but also allowed attendees to strengthen ties and generate new opportunities for collaboration in the field of Intellectual Property.
PREVIOUS DAYs
National Delegates and Executive Committee Meeting
The first meeting of National Delegates and the ASIPI Executive Committee in Antigua Guatemala was an unprecedented opportunity to foster exchange and collaboration between delegates. During the opening, the importance of the role of the National Delegate in the dissemination and promotion of ASIPI activities in each country was emphasized Delegates shared updates on the state of Intellectual Property in their respective countries and discussed capacity building initiatives to strengthen the IP system. The meeting concluded with a call to institutionalize these meetings, promoting the continuous exchange of experiences and solutions to strengthen the ASIPI network throughout the region.
PREVIOUS DAYs
Administrative Council Meting
The meeting was attended by the Executive Committee, National Delegates, and leaders of programs and working groups. During the session, Luis Henriquez presented the Presidency report, highlighting the main achievements of ASIPI and the agreements reached in the regional visits. Martin Pittaluga presented the Secretariat report and Ricardo Fischer the Treasurer’s report. The progress of the Committees, Programs, Commissions and Working Groups was discussed, as well as ASIPI’s new activities for the future.
PREVIOUS DAYs
Meetings of Committees, Programs, Commissions and Working Groups
During the afternoon, ASIPI’s Committees, Programs, Commissions and Working Groups met, providing a platform for members to continue working on the goals set for the period 2023-2025. With more than 36 working tables, these sessions witnessed enriching discussions and fruitful collaborations. We would like to sincerely thank all participants for their commitment to ASIPI and their dedication. Your efforts are critical to the continued advancement of our various areas of work across the region.
PREVIOUS DAYs
Meetings of Committees, Programs, Commissions and Working Groups
PREVIOUS DAYs
At the ASIPIACADEMIA meeting, led by Matías Noetinger, the courses held in the past semester were presented, and three new courses for the next semester were announced. Ideas for future courses and how to make on demand training available to members and the general public were also discussed. Luis Henriquez, President of ASIPI, and other
members participated in the meeting, where the importance of offering high quality training was highlighted. Upcoming topics will address the cannabis industry, personal data protection, and antitrust for IP lawyers. Specific trademark and patent courses are planned for 2025, reflecting ASIPIACADEMIA’s commitment to continuing education.
ASIPIACADEMIA Meeting
PREVIOUS DAYs
First-Time Attendees Meeting
The welcome meeting for the first-time attendees of ASIPI events, led by Jacqueline Moreau Aymard and Augusto Perera, provided a warm introduction and mentoring for the new participants. This program aims to guide new members during the seminar and throughout the 2024-2025 period.
The coordinators highlighted the importance of networking and active participation in ASIPI. The mentors were thanked, and new members were encouraged to make the most of this experience, highlighting the lasting impact of their first participation in the association’s seminars.
PREVIOUS DAYs
For the first time, ASIPI opened an exclusive space for professionals under 35 years old, aiming to strengthen and highlight young people in the association. Luis Henriquez and Martín Pittaluga led the meeting, explaining the structure and opportunities within ASIPI
Testimonials from associates with several years of experience were shared, and the publication of ASIPI Youth’s first article on artificial intelligence was announced. Blanca Mejía, coordinator, expressed her enthusiasm for the participation and commitment of the young people, thanking the Board for the opportunity to accelerate their professional development.
ASIPIYouth Meeting
PREVIOUS DAYs
Welcome Cocktail
The welcome cocktail for seminar attendees took place in the impressive setting of the Convento Capuchinas de La Antigua. This majestic historic space provided an ideal setting for an evening of networking and reunions.
MONDAY, JUNE 3rd
With a large number of participants, the different runs organized by ASIPI FIT took place. Participants opted for one of the three available challenges:/Participants opted from three available challenges: the blue challenge (7 km), the green challenge (4 km) and the white challenge (a 2.5 km walk). The aim of this activity was not only to promote health and camaraderie but also to serve a charitable purpose as participants donated running shoes to the Valle de los Angeles home.
ASIPI Running Tour
MONDAY, JUNE 3rd
Opening Ceremony
The opening ceremony of the seminar was opened by Marco Antonio Palacios, president of the host committee, who gave a warm welcome to the attendees. Then, Dr. Manuel Duarte Barrera, President of the Civil Chamber of the Supreme Court of Justice of Guatemala, delivered a speech emphasizing the relevance of the meeting. Luis Henriquez, President of ASIPI , emphasized/ highlighted the association’s purpose to strengthen
leadership and promote intellectual property as a mechanism for the economic, social and cultural development of the region. He presented a video with the progress and achievements of ASIPI during the first six months of the year and showed the potential of the use of cutting-edge technologies with the participation of Eva, the host of the event created with artificial intelligence.
MONDAY, JUNE 3rd
Artificial Intelligence 2024: Where are we, what’s next?
In the keynote lecture, Diego Fernández Slezak provided a historical overview of the evolution of artificial intelligence (AI) and its impact to date. He explained how AI works and warned about the reliability of the data provided, advising against its use for factual searches due to possible hallucinations. Fernández Slezak highlighted the current integration of AI in various disciplines, especially in the legal field. The expert anticipated an exponential explosion/increase? in AI computing power in the short term and, in the long term, a paradigm shift towards a general AI with affective intelligence and free will. With an optimistic view, he advocated the integration of AI as a creative tool and underlined that its good use can lead to extraordinary results.
MONDAY, JUNE 3rd
Behind the scenes: How does generative AI work?
In this panel Olivia Reid of Journey and Michael Burshteyn of Greenberg Traurig explored how this technology works and its legal implications, moderated by José Roberto Romero. Olivia explained how companies are using generative AI and addressed questions of intellectual property, such as permission
to use training data and ownership of the output generated. Michael focused on the legal lifecycle of generative AI, covering ethics, data collection, model training and production. He highlighted that, from a legal perspective, there are many pitfalls and opportunities for lawyers in this emerging area.
MONDAY, JUNE 3rd
In this panel moderated by Pamela Gisholt, Megan Carpenter and Juan Manuel Díaz discussed the impact of AI on copyright. Megan pointed out that AI changes the rules of the game and anticipated an ‘unstable diffusion’ in the standards of authorship
Copyright vs. AI Authors’ Rights and originality. Juan Manuel Díaz reviewed the current uses of AI at Caracol Televisión and reaffirmed confidence in the copyright and image rights framework, highlighting the crucial role of lawyers in this new era.
MONDAY, JUNE 3rd
Is Artificial Intelligence ‘FASHION IN FASHION’?
AI is revolutionizing the fashion industry, said Anthony Lupo and Diana Cañas in a panel moderated by Eleonora Carrillo. Anthony pointed out that AI is already a reality in the industry and that trademark
registration will be more popular than copyrights and patents to protect creations. Diana highlighted that AI will be fundamental for brands in the metaverse, enabling co-creation of products with customers.
MONDAY, JUNE 3rd
The final panel of the day featured Kelly Harris and Dorian Thomas, moderated by Cristina Umaña. The experts explained the legal structures, right of publicity and current AI laws in the US and Canada. They
Generative AI and image rights presented real cases on image rights and offered practical tips for risk mitigation in the use of images, closing the event with an enriching interaction with the audience.
MONDAY, JUNE 3rd
Wine tasting
A wine tasting was held in the Chimeneas room. The attendees enjoyed a unique moment with an exquisite tasting of red wines by sommelier Selvyn Rivera. The experience also included a tour of the cellar and training on Guatemalan viticulture.
MONDAY, JUNE 3rd
Law Firms Cocktail Reception
The cocktail party, held at the Tenedor del Cerro de Santo Domingo, offered attendees spectacular panoramic views of the city. An unforgettable evening that combined musical surprises, first-class gastronomy and an exceptional networking atmosphere.
MONDAY, JUNE 3rd
Law Firms Cocktail Reception
TUESDAY, JUNE 4th
A yoga class was held in the Guacamayas Garden of the Hotel Casa Santo Domingo, led by Sofia, the instructor specially invited for this activity. The session was organized by Yoga class
ASIPIFit with the aim of helping the professional members of our association achieve a balance between work, sport/ exercise? and health.
TUESDAY, JUNE 4th
AI Regulatory Trends in Comparative Law - Risk-Based and Other Approaches
In this panel, leading experts explored how different regions approach the regulation of Artificial Intelligence (AI). Begoña González, from the Max Planck Institute for Innovation and Competition, emphasized the need to distinguish between AI technology and its applications, advocating for regulation that protects innovation. Ricardo Fischer of ArentFox Schiff highlighted sectoral adaptations in the US and the importance of harmonized standards to facilitate international trade. The panelists concluded that effective regulation must balance innovation and the protection of fundamental rights.
TUESDAY, JUNE 4th
Ethical and Security Considerations in the Use of AI (and practical Dos and Dont’s tips)
Eric Zarakov of Paravision, Michael Burshteyn of Greenberg Traurig, and Juan Manuel Contreras of Aymara discussed the ethical and security risks associated with Artificial Intelligence (AI). Abusive practices and current security approach-
es in the industry were highlighted. The panelists emphasized the importance of aligning generative AI with ethical and safe goals through human oversight and continuous evaluation.
TUESDAY, JUNE 4th
P ‘Ai ’tents - are inventions resulting from Generative AI protectable?
Tarso Machado of Kasznar Leonardos and Ann McCrackin of UNH Franklin Pierce School of Law discussed the complexity of patenting AI-assisted and fully AI-generated inventions. Patent applications and
the need to identify significant human contributions in the creation process were examined. The panel concluded with practical examples of legal protection for inventions resulting from generative AI.
TUESDAY, JUNE 4th
Workshop: AI for Lawyers - ‘Hands on’ to navigate AI Tools
Diego Fernández Slezak led a workshop on essential AI tools for lawyers, including hands-on use of ChatGPT and specialized plugins such as Data Ana-
lyst. Participants explored the application of AI in legal cases, from creating prompts to interpreting data, emphasizing its relevance in today’s legal practice.
TUESDAY, JUNE 4th
During this session, Megan Carpenter, Dean of the UNH Franklin Pierce School of Law, and Sarah Dorner, Head of Admissions, explained in detail the scholarship programs available to ASIPI members, including doctoral, masters and summer courses.
UNH Franklin Pierce - ASIPI Collaboration Information Session
TUESDAY, JUNE 4th
Closing Ceremony
At the closing ceremony, Luis Henriquez, President of ASIPI, highlighted the success of the Seminar and underscored the importance of continuous learning and collaboration in the IP community. Margarita Romero, President of the Social Action Committee, detailed the achievements of the ‘Donate your shoes, leave your footprint’ campaign and Luisa Sol-
er, Administrative Director of Valle de los Angeles, presented the positive impact of the donations on the beneficiary household.
Finally, Luis Guinard, president of the organizing committee of ASIPI Panama, presented a video of a call for the Working Sessions to be held in December. See you in Panama!
TUESDAY, JUNE 4th
Closing After Party
After the closing event, the participants gathered for the closing after-party in the marquee in the Central Plaza of the Casa Santo Domingo Hotel. It was a time to celebrate and
review the highlights of the seminar in a relaxed and festive atmosphere. And of course, the rooster was handed out to the Host Committee of ASIPI Panama!
TUESDAY, JUNE 4th
Closing After Party
Recognition for their outstanding professional work and for the enthusiasm and affection they add to their different responsibilities.
ASIPI internal Team
TUESDAY, JUNE 4th
“From ASIPI we want to thank the Host Committee, chaired by Marco Antonio Palacios and composed of the Academic Committee and the Logistics Committee, led by Ivón Hernández and Sylvia Thanks
Ruiz respectively, and with a great work team behind each of them. Thanks to all of them it became possible to organize this great event in La Antigua, Guatemala.”
Host Committee
President
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Panama, much more than a canal
The Isthmus of Panama arose approximately 3 million years ago, separating the Pacific Ocean and the Atlantic Ocean and uniting North America with South America.The emergence of Panama is considered one of the most important geological events of the last 60 million years. This narrow isthmus had a great impact on the earth’s climate and its environment and initiated human, agricultural and commercial exchange throughout the continent, originating what is known as the American Exchange, with Panama being the land bridge that unites the Americas.
In the post-Columbus era, Panama became the crucial trade route for the Spanish Empire. It is from Panama that the Pacific Ocean is sighted and where the expedition for the conquest of a civilization rich in gold, the Inca Empire in Peru, set off.
In the colonial era and with the winds of independence and freedom, Simón Bolívar, the Liberator of America, called for the recent Latin American republics to hold a meeting in Panama, which is known as the Amphictyonic Congress of 1826, thus materializing his dream, which since 1815, in his Letter from Jamaica had said “How beautiful it would be if the Isthmus of Panama were for us what the Isthmus of Corinth was for the Greeks...!”
Panama’s future evolved as world powers realized that Panama was the narrowest point between the Pacific and Atlantic Oceans, and in response to the emergence of the Gold Rush in California, the Interoceanic Railroad, known as the world’s first transcontinental railroad, was built, becoming the least expensive and fastest means of transportation. This railway, still in operation, laid the foundations for the construction of an interoceanic canal.
While true that it was at the time of the conquest and colonization that the possibility of a route that would transport wealth from Peru to Spain passing through the Panama Strait was first thought of, it was not until the French, after their experience in Suez, decided to start the construction of a canal through Panama for its geographical suitability. This French canal failed due to tropical diseases and economic problems.
Subsequently, the United States agreed to resume the construction of a canal through Panama, after having considered a level canal in Nicaragua, but for geographical, geological and strategic reasons they decided to continue with the idea of a canal through Panama, which after being inaugurated opened the interoceanic communication, revitalized trade and economic growth for being a short, safe and low-cost route.
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Harmonization for determining the inventor in the artificial intelligence era
Nowadays, the world is facing a new technological revolution like those seen in 19th Century Industrial England or the Computer Revolution from Silicon Valley. Artificial Intelligence is emerging as the leading force for the creation of progress and capital around the world.
Recognizing the benefits of Artificial Intelligence is inevitable. However, it is necessary to understand the importance of this tool as a differentiating factor in Intellectual Property, since in a few years Artificial Intelligence technologies will began generating Inventive Artificial Intelligence.
In the State of the Art, there are plenty of technological features using Artificial Intelligence for producing numerous types of content, including synthetic data or mathematical models. In this regard, Artificial Intelligence is considered a tool for inventors for developing new scientific achievements.
In plenty of jurisdictions, an inventor is determined as the natural person who conceives of a new idea or discovery. On a primary basis, the inventor shall be responsible for the inventive steps on an invention. Never-
theless, many questions come to mind in case a natural person who uses artificial intelligence loses control of the inventiveness.
Regardless of whether Artificial Intelligence was used in making an invention, legislations shall be prepared for defending engineers and scientists around the world to promote progress, as long as the inventors maintain control in the inventiveness, and they provide the algorithms or feed the Artificial Intelligence system.
Determination of the inventor in the American Continent
Currently, most legislation establishes that an inventor must be a natural person as a requirement to be considered an inventor.
The definition of an inventor by the International Association for the Protection of Intellectual Property (AIPPI) states that:
“A person should be considered a (co-)inventor if they have made an intellectual contribution to the inventive concept. The inventive concept shall be determined on the basis of the entire content of a patent application or patent, including the description, claims and drawings.”
Young World
Canada
Canadian legislation pursuant to subsection 54(1) of the Patent Rules, determinates that a patent application must designate the name and postal address of each inventor of the invention. Additionally, there are no formal regulations or official guidelines specifying the rules on inventorship of inventions made using Artificial intelligence.
Nevertheless, in Canada current jurisprudence determines that an inventor must be a natural person, so it would not be possible for an Artificial Intelligence to be considered an inventor.
United States of America
Under the United States Patent Law, the inventor is recognized as the person who has contributed to the conception of the subject matter as described in at least one claim in a patent application.
According to the US Patent Law, the inventor must be a natural person.
Currently, there are no guidelines, statutes or rules in the US Patent Law applied to inventions made through Artificial Intelligence. However, the United States Patent and Trademark Office (USPTO) recently provided guidance on this matter by denying a patent application that listed an Artificial Intelligence as the inventor.
Mexico
In accordance with the Federal Law on the Protection of Industrial Property, the inventor of a patent in Mexico must be a natural person. Article 39. The inventor, designer or creator is presumed to be the person or natural persons identified as such in the patent or registration application, who will have the right to be recognized as such.
The right referred to in the former paragraph is inalienable. If any, the renounce thereto will be considered as not made.
Nowadays, there are no specific rules on inventorship of inventions made using Artificial Intelligence in Mexico.
As has been noted, the three largest economies in North America agree that an inventor must be a natural person. However, the perspective changes when considering whether a natural person should be considered an inventor depending on the degree to which Artificial Intelligence was applied to achieve the invention.
Brazil
Brazilian patent rules do not particularly declare the word “human”. Furthermore, the analysis of Brazilian laws allows us to conclude that only the individual who conceived of the invention shall be identified as an inventor in a patent application.
Additionally, in Brazil the Taxpayer Identification number must be indicated, as well as an address. In this regard, a human being only possesses such information.
Argentina
In view of the Argentine Patent Law, there are no specific regulations to determine Artificial Intelligence as an inventor. However, the Argentine Patent Law continuously considers the inventor of a patent application as a natural person.
Chile
Chilean patent regulations require the mention of an inventor indicating his name, address and nationality. Thus, Chilean Patent Law Limits a patent application inventor to a natural person.
Recognizing the current situation in some countries in America, it should be thought that in a few years, human participation in an invention may be reduced or disappear.
However, there are no clear rules to determine whether an invention that was created using Artificial Intelligence and wherein no adequate contribution from a natural person can be identified should be excluded from protection.
… Artificial Intelligence is in the process of acquiring the human qualities of inventiveness and imagination…
In pursuit of Regional Harmonization
Artificial Intelligence is in the process of acquiring the human qualities of inventiveness and imagination. Human participation in a patent application may be minimized or reach a level of extinction.
While an invention should not be denied granting exclusively based on the use of Artificial Intelligence for its creation, there must be clear rules to determine the extension and degree of use for Artificial Intelligence.
Could a natural person, who designed an artificial intelligence algorithm to create an invention based solely on Artificial Intelligence, be considered an inventor? Should a person who provided a database to Artificial Intelligence be designated in a Patent Certificate?
Particularly, the requirements for a natural person to be considered an inventor shall not be considered different if Artificial Intelligence was used or not.
In this way, in 5-10 years legislation shall be prepared for future technological achievements wherein the main inventive step of an invention comes from Inventive Artificial Intelligence able to create new pharmaceutical products or new methods of production.
By providing harmonization for determining the inventor when Artificial Intelligence is used, disputes and formalities will be reduced and particularly, harmonization will prevent that the same invention belong to different persons in different jurisdictions.
We trust in an upcoming regional harmonization for determining the inventor in creations using Artificial Intelligence!
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If you weren’t able to join us live in any of our webinars, couldn’t listen to our podcasts yet, or want to know what topics were covered in our roundtables, now you have the opportunity to access this content and stay up to date on various intellectual property and related topics, at the time you want.
Webinars
Science and Technology Parks as Drivers of Innovation in Iberoamerica
February 8
Jurisprudential Advances in Competition Law in the Latin American Region February 15
Audiovisual works: do criminals and their heirs have rights over their image?
“Opening Session ASIPI Academia: Three Trends in Intellectual Property for 2024“
International Women’s Day: “Do you know what Purple Economy is and what Impact Women have in Intellectual Property”
Green Companies and intellectual Property - New Challenges
Juan Ignacio González, Ticiano Gadêlha, Felipe Rubio, Filipe Fonteles (M)
Juan Felipe Acosta, José Roberto Herrera, Paula Bauer (M)
Eva Toledo, Matías Noetinger (M)
Loreto Bresky, Begoña Venero, Andrea Viteri, María de los Angeles Lombeyda (M)
Erika Starost, Paola Andrea Romero, María del Pilar López (M)
Santiago Mayora, Juan Felipe Porta, María José Lamus, Luis Diez Canseco (M)
Carlos Corrales, Rafael Ortin, Mercedes Castells (M)
Natalia Caproprese, Manuel Bernet, Juan Felipe Acosta (M)
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Online gambling: regulatory and intellectual property challenges
Advantages and Disadvantages of Arbitration for IP Conflict Resolution: a Comparative Study in Latam, India, USA and Europe
Intellectual Property and Sustainable Development Goals (SDGS): Building our Common Future with Innovation and Creativity
Deepfakes in the light of Data Protection and Privacy
UNH Franklin Pierce LLM Experiences and current issues Discussed in the Classroom
Influencers and trademark use
WIPO Treaty on Genetic Resources and Traditional Knowledge: Connecting the IP World with the Wealth and Knowledge of Indigenous People and Local Communities
Open Source Based Technology, Ownership and Challenges
Getting the best IP Protection for your Biotech/Pharmaceutical Clients’ Inventions
April 11
April 18
April 25
“https://us02web.zoom.us/rec/share/q_p_bp_mr9yU6RLsAifZyZCxO9MXPhqop1 TAlPZzsFABOi-zFlS3RT3n7XioNw0N.DBsG6pHivbYZl5Qt Código de acceso: N.1Yr%6F
Carlos Andrés Corredor, Julián David Riatiga, José Roberto Herrera (M)
Eduardo Varela, María Soledad Alvarez
Federico Fischer, Fabrizio Modica, Laura Valverde, Felipe Rubio
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The other Kafka, the illustrator*
Saúl Álvarez Lara
Franz Kafka, the author of novels that unfold in possible or impossible worlds, of letters, diaries, and aphorisms, was also a drawer. With the same intensity and frequency with which he wrote, he sketched characters and situations he encountered in his daily life as an observer in notebooks, sketchbooks, and loose sheets using pencil or pen and ink. His drawings are a testament to his passion for art. Before studying law, Kafka wanted to be an artist and took drawing courses at the Academy of Fine Arts in Prague; even in 1905, when he was already a law student, he continued attending Art History classes. His friend Max Brod always spoke of him as a great artist; however, on one occasion, Franz claimed that the teachers at the Academy of Fine Arts had stifled his talent. Despite this, the margins of his manuscripts almost always appeared saturated with drawings. It is possible to think then that some of the figures drawn in ink with a firm stroke or in pencil as “doodles”, according to his words, mixed with writing, might have been the origin of characters from novels such as “The Castle,” “The Trial,” or “The Stoker.” Kafka was a curious observer of the world around him, which is verifiable in the precise descriptions of situations and characters that abound in his stories and novels, as well as in his drawings where figures apparently drawn with simple and quick strokes, evidently influenced
by Japanese art, appear overwhelmed by the weight of estrangement, obligation, or waiting.
Despite his literary work, often analyzed as a manifestation of the absurd where the figure of the dominating father is present, Kafka was a young man in love, a good conversationalist, funny, who laughed when reading his texts in gatherings with friends; he was also a curious traveler, his travel notebooks with drawings are a testament to his visits to Vienna, Berlin, Paris, or Italy. At his death on June 3, 1924, in a letter he left to Max Brod, Franz asked his friend to burn all his notebooks and papers, no matter what was in them. Max Brod did not fulfill this request and preserved the manuscripts of the novels, stories, letters, diaries, and aphorisms that he later edited and published. The drawings were mixed with other documents and very few were known until 2011 when Editorial Sexto Piso published “Franz Kafka. Drawings” with reproductions of some of them and texts taken from his diaries and letters. In 2021, Galaxia Gutenberg published “... All of Franz Kafka’s drawings including previously unpublished material ...” These two publications have brought to light this important part of Kafka’s work and life. In conversation with Gustav Janouch, Franz said that his drawings were “... a very personal calligraphy...” and mentioned the word “doodles” as a sort of alliance between writing and drawing.
Please send us your story
This section is open to those who wish to publish short stories. The content can be historical, artistic, bibliographic, literary, or scientific. Send your story to secretaria@asipi.org so we can schedule its publication.
In order to make Franz Kafka known as an artist, in 1937 Max Brod cut out some of the drawings from the notebook. ( Taken from: Franz Kafka. The drawings. For the first time, all of Franz Kafka’s drawings, including previously unpublished material. Galaxia Gutenberg. 2021. pp. 331. Drawings cut out of the sketchbook. Chinese ink on paper. 1901 - 1907
Fun facts…
1. Apple, the tech giant, in 2023 held ownership of over 95,000 patents worldwide, with more than 34,000 specific patent families.
2. France remains the country with the highest number of recognized Appellations of Origin, almost tripling the next country on the list: Italy. Europe, as a continent, hosts almost 60% of the world’s recognized appellations of origin.
3. Panama, the country where the next ASIPI Work Sessions will be held, is one of the first countries to recognize the existence of Intellectual Property rights of indigenous communities, with a law from the year 2000.
