Mundo-ASIPI-2-Ing

© Of this edition Inter-American Association of Intellectual Property (ASIPI), Panama 2023 www.asipi.org

Enrique Díaz President of ASIPI

Juli Gutiérrez Director

Natalia Tobón y Marcela Montañés Editors

Saúl Alvarez Lara Design 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.

Cover Lis and the Carmelite Ceramic*

The ceramics of El Carmen de Viboral, Antioquia, Colombia, are made using an underglaze technique, which is common in porous-based ceramics. Carmelite ceramics are baked twice: the first at a low temperature to obtain the required porosity, which speeds up the final decoration; and the second one, after the color and glaze have been applied. Lis, the ceramic that appears on the cover of this edition of MundoASIPI, is decorated with blue flowers that multiply around the central circle, while dots resembling petals, always in even numbers, speed up and enrich the central design. Lis is a cobalt blue traditional Carmelite decoration that was one of the first in the region. It became famous in the 1970s as the star of a cooking show on Colombian television called “Saúl en la olla”, directed by Saúl García, a well-known national character.

*Carmen ceramics and iconography / Mesa Estándar Publishing House / Medellín / 2021

Enrique Díaz ASIPI President 2021-2023

The year 2022 will go down in history as a year of transition, wars and confrontations, climate change, pandemic and polarization. However, it will also be a year remembered for the desire and dedication of many human beings to work and fight for a better world. Those of us who

belong to ASIPI are part of the second group, of those who are well informed, but believe that the greater the challenges, the greater their work, commitment and dedication must be, since the challenges become opportunities.

At ASIPI we are convinced that intellectual property is a determining factor for the economic development of families, communities and countries. The various actors in intellectual property systems are key to promoting the protection of inventions that allow us to fight against pandemics and climate change; to register trademarks and other distinctive signs that differentiate merchants by protecting consumers, to protect artistic creations that remind us of our humanity, and to enable entertainment that allows us to stay sane. Intellectual property must be the guiding axis of the states in Latin America, since only supported by it can we achieve significant growth in the generation and collection of resources that allow a better quality of life in our region.

Precisely with regard to entertainment, we started 2023 happy because the Qatar 2022 FIFA World Cup™ stayed in Latin America. The Argentines showed us that with passion and dedication everything is possible.

ASIPI is a “melting pot”, that is, a melting pot, where professionals dedicated to intellectual property of different nationalities, interests, ages, genders meet to update ourselves and generate “Win-win” businesses, that is, all they benefit.

To achieve all this we have to pay attention and do the task. Precisely in this magazine you will find an analysis of everything that has to do with IP and sport, including an article on soccer “Forefront” and an interview “Dialogue” with our Paraguayan associate, Hugo Mersan, who has reached the highest positions in the FIA (International Automobile Federation) which shows that the profession can be complemented. This is not only because sports and Latin America are in fashion, but because it is an area in which we want to venture because we see many business possibilities. In addition to brands, the right to the image of the players, the rights to broadcast games and video games, there are aspects of sports competitions that many have not considered. For example, we talk about the way in which Qatar used the World Cup to promote the country brand, promote its culture and its investment opportunities.

The magazine also brings the traditional columns of “Res Judicata” where we succinctly highlight a ruling handed down by the courts in the region, “All about your health” where they give us advice to keep the body and soul in shape, “Library”, “ Youth Zone” and “On the Radar” which is a space for “networking”, among others.

I appreciate the effort of all the associates who support us when they send their texts, when they read our papers, register, attend and participate in our meetings; the economic effort of firms that contribute as sponsors, the dedi-

cation of the Work Committees, Programs and Commissions and the Executive Committee that constantly works so that our association is better and more recognized every day, as well as the work of the entire administrative team of ASIPI that ensures that all our ideas and projects materialize and come to life.

ASIPI belongs to everyone, is in constant movement and is undoubtedly one of the IP benchmarks worldwide!

Intellectual Property

Everyone Wins

In December 2022, two important international events took place. On the one hand, the Twenty-second Edition of the Men’s Soccer World Cup organized by the Fédération Internationale de Football Association (FIFA) was played in Qatar and, on the other hand, the Twenty-third Work Sessions and Administrative Council of ASIPI were held. in Medellín, where we discussed the topic of personal branding in sports and the business opportunities that it offers to intellectual property experts. The Soccer World Cup stayed in Argentina, which fills all Latin Americans with pride, and the Conference confirmed to us that ASIPI is the voice of intellectual property in America.

At ASIPI we are well aware of the intimate connection that exists between Intellectual Property and sports businesses. For example, patent-protected inventions related to smart sportswear and footwear drive competitive enhancement for athletes. There are literally tens of thousands of sports related utility patents.

Likewise, the strategic use of brands generates important commercial opportunities for income generation because fans have a deep emotional connection with their teams, leagues and competitions. Even sporting events can be an important boost for the Country Brand, as happened with Qatar in the recent World Cup.

Information technologies have become essential for sports as they allow athletes (elite or amateur) and their coaches to control, evaluate performance, detect points for improvement and make sports practice safer because they reduce the risk of injuries. In addition, new technologies help referees and judges to make vital decisions in the game. Video assistant refereeing (VAR) is an important innovation in this regard, the Hawk-Eye is a camera system used in many sports that follows the trajectory of the ball from various angles and helps make decisions accurately.

On the other hand, technologies have also transformed the way fans experience the sport, creating many new and exciting ways to enjoy their passion with content that is social (can be shared via social media), accessible (on various devices), interactive (customizable) and attractive.

Sports sponsorship deals are often supported by brand rights and can be extremely lucrative. Recognizing the global appeal and power of sport as a marketing platform, companies in many industries are increasingly using it to introduce their products to consumers, drive sales and differentiate themselves in a crowded and highly competitive marketplace. The official licensees and sponsors of an event produce a wide range of promotional products and official products with the emblem of the sporting event, such as stickers, mugs, key rings, sportswear, balls, etc. These products generate expectation and link fans to the sporting event.

High level athletes are also “entering the game”. The president of the Sports Law Committee of our association, Juan Berton Moreno, points out that high-level athletes of any nature and discipline need to have their rights protected. It is not a possibility or an idea to develop or study -he adds- but rather it is a reality and added value that leads the athlete to enforce their rights in terms of image and relationship with brands and companies to mutually empower each other by generating business in benefit of both. Along these lines, many athletes are taking advantage of their personal brand (created around their sporting success) to obtain notable income through promotional contracts with different companies that sponsor them personally or as members of their respective team or selection. These companies often pay millions to the biggest superstars in the world of

sports (and other spheres) to have their image or NIL (Name, Image and Likeness) advertise their products.

Copyright and broadcasting rights are also important. Media companies pay huge sums of money to acquire exclusive live broadcasting rights to major sporting events. The sale of media and broadcasting rights, whose value has skyrocketed in recent years, is now the main source of income for most sports organizations. The observance of these rights at a global level has been and will be one of the great challenges for event organizers and their licensees.

The appearance of counterfeit products such as clothing, toys, balls, stationery, footwear and other accessories such as badges, key chains and trophy replicas are another of the problems that businessmen and professionals who work in the field of intellectual property. In the case of soccer, for example, FIFA has a global licensing program that allows fans to purchase official merchandising. In addition, there are Trade Restriction Areas (CRAs) around the World Cup stadiums and in other official spaces. Likewise, the FIFA brand protection team manages the ticket control program with a view to protecting consumers from the risks of unauthorized resale.

Another problem is streaming services and unauthorized websites for streaming sports. Plug-and-play decoders provide free access to sports broad-

… Recognizing the global appeal and power of sport as a marketing platform, companies in many industries are increasingly using it to introduce their products to consumers…

casts, sometimes unfairly competing with companies that charge subscription and advertising fees.

It is clear that sport is a source of work for intellectual property experts who, according to their expertise, can advise either the organizers of sports events, competitions and tournaments; the sports federations that set the rules of the game and preserve the integrity of each sport; the athletes, teams and coaches, who strive to exceed their marks, break new records and win and be recognized for their achievements; manufacturers of sports equipment; broadcasters and other media platforms interested in securing exclusive rights to live stream the events and increase their audience ratings; private sponsors negotiating deals to promote their products at sporting events; and sports fans, who want to experience it in the best way, and when they can’t witness it live, want multiple options to see it in high quality.

Strategically using intellectual property rights in sport can greatly help economic development by generating revenue from sales of sports products and services; supporting innovation, entrepreneurship and job creation; improving a country’s reputation and increasing foreign currency earnings; promoting international trade; overcoming national differences and promoting values such as fair play, mutual respect and friendship; and improving health, social well-being and social cohesion, and encouraging discipline, teamwork and a competitive spirit1

WIPO. “Intellectual Property and Sport: Points of Connection”. https://www.wipo.int/ip-outreach/es/ipday/2019/ ip_sports.html. 1.

dialogue

Hugo Mersán

Hugo Mersán Galli is a lawyer from the Faculty of Law and Social Sciences of the National University of Asunción and a PhD in Social Sciences. Senior Partner of Mersán Abogados of Paraguay and an important sports leader of motorsport in the world.

I have been a member of ASIPI since 1979.

2. When was your passion for motorsport born?

Motorsport is a sport that consists of participating in tests of speed, skill or resistance driving a car. My passion for motor racing and motosports was born at the same time that I was a student in law school. At that time I was competing in rally, which is the main category in Paraguay. Later, when my father was president of the Paraguayan Touring and Automobile Club, I started working at the club in the sports area and that’s where my passion began.

Subsequently, I was appointed president of the South American Automobile Confederation for a period of 12 years, during which I dedicated myself fundamentally to harmonizing all the regulations and sports and technical provisions so that the countries could adopt the recommendations of the FIA (International Federation of Motorsports) and there was a more orderly manner that would facilitate the growth of this sport and the possibilities of having more events in the region.

3. What is the FIA?

The Fédération Internationale de l’Automobile (FIA) is the governing body of world motorsport and the federation of the world’s leading mobility organisations. Founded in 1904, with headquarters in Paris and Geneva, the FIA is a non-profit organization. It brings together 240 member organizations from 144 countries on five continents. Its member clubs represent more than 80 million road users and their families. It is an organization known worldwide for regulating the most important motorsport competitions in the world, but its scope includes all aspects of the automobile, roads, mobility, the environment or road safety.

Personally, I joined the FIA after the invitation of Mr. Jean Todt to be part of his first term as Full Member of the World Council and I came to hold the position of FIA Vice-President for South America, representing the FIA in international competitions. Either from Rally, where I held the position of Sports Commissioner for Rally in Mexico and Argentina, mainly, and observer of Formula 1.

4. To what extent have you been able to combine this taste for motorsports with the exercise of IP? Have you had any clients or business from the world of motorsports?

This job has generated many relationships for me. The networking that is done through the world of motorsports and participation in sporting events is different from the networking we have in the profession. In the case of sport, one is directly related to companies and with different levels of executives and, evidently, closely linked to the brands of the sponsors of the teams,

which is a possibility of professional contacts that is very different from what we usually find in our ASIPI meetings or other similar ones.

On the other hand, motor racing gave me the opportunity to work on the issue of drafting commercial license and franchise contracts, promoters, sponsors, among others, and provide legal advice related to the world of sports and the motor racing sector, in particular.

In summary, my experience in the world of sports was and continues to be very valuable at a professional level.

5. In your opinion, has the pandemic affected the practice of this sport? How do you see motorsports in Latin America?

Yes, definitely. I believe that motorsport in America is going through the difficulties of the post-pandemic, but I must insist that Latin America has always been an important place for this sport. In Paraguay we had the opportunity to “almost” achieve an FIA world event but it was postponed due to the pandemic. However, we see that Chile, for example, and Mexico, maintain dates for the world championship events, especially rally, and we hope that now with the new authorities we can reverse that situation again and see what options for further development for motorsports in our region.

1. How long have you been a member of ASIPI?

Hugo Mersán with Max Verstappen, two-time champion of the Formula 1 World Drivers’ Championship in 2021 and 2022.

Facts from the world of motorsports

• The world’s first automobile reached a speed of 11 km/hr.

• In 1903 Mary Anderson created the first windshield wiper.

• In 1929 the first car radio was manufactured.

• The first automobile race in history was held in France in 1894.

• An average car has about 30,000 different parts.

• The best-selling car of all time is the Toyota Corolla. Toyota has sold more than 43 million Toyota Corollas since 1966!

• The most common car color is white and the least popular car color is purple.

• The FIA has a database of motorsport statistics and information available to all fans.

• Motorsports has many disciplines: Formula 1, Rally, Acceleration, Tourism, GT and sport prototypes, NASCAR, Rallycross and autocross, Rally raid, Mountain race, Karting, Slalom and Drift.

• A rally is a car competition that takes place on roads open to traffic but which are closed especially for the occasion. The part closed to road traffic is called the “section”, which is the place where each participant competes and which they must complete in the shortest possible time. The winner is the one who, with the sum of the times of all the sections, has used less to complete the race.

Hugo Mersán with Jean Todt, president of the FIA from 2009 to 2021.

In December 2021, the members of ASIPI elected the Executive Committee that I preside over to direct the fate of the Association for two years, which will end in December 2023. Below, we present a balance sheet of the management detailing the activities and projects that we have carried out so far:

Enrique Díaz

ASIPI President 2021-2023

Conferences and Seminars

The following face-to-face events were successfully organized and carried out:

• Costa Rica, June 2022

• Medellín, December 2022

Meetings with National Delegates

Meetings have been held with the National Delegates of 23 countries that make up our Association. In addition to achieving all the votes in a timely manner, the National Delegates of various countries presented the new directive to their national authorities in record time.

Meetings of Committees, Commissions and Pro grams

Four training workshops were held with different entities related to entrepreneurship in the region.

1. “Digital Entrepreneurs and their rights and obligations regarding software licenses” held on April 25, 2022 together with the Central American Technological University (UNITEC).

2. “Copyright and the protection of the creations of entrepreneurs” held on April 26, 2022 together with the Center for Innovation and Entrepreneurial Development of the Pontifical Catholic University of Peru (CIDE PUCP).

3. “Undertaking with technology” held on July 5, 2022 together with the Bolivian-German Chamber, where members of other German chambers in the region also participated.

4. “Entrepreneurship with technology: franchises” carried out on September 28, 2022 together with the Center for Entrepreneurial Development of ESAN (CDE-ESAN), Peru. With the participation of the entities FRANQUICIAN and FRONT CONSULTING INTERNATIONAL, Honduras.

On the other hand, on August 19, 2022, the Collaboration Agreement was signed with the Association of Honduras Entrepreneurs (ASEHN) and talks are currently underway with other entities for the upcoming signing of other agreements.

• A work plan was prepared and the 2022 academic year of ASIPIACADEMIA was launched with a keynote talk by Dr. Manuel Desantes.

• 5 courses were taught in the first semester of 2022: music industry, patent drafting, advanced negotiation, valuation and monetization of intangibles, and legal aspects of marketing related to IP.

• In the second semester, the following courses were taught: jurisprudential advances on trademark law, intellectual property: interface with unfair competition and valuation and monetization of intangibles.

• The website of our academy was developed.

During this semester, the focus has been on the creation of institutional videos to promote the program. One of the videos was released on December 1, 2022 and its purpose is to publicize the program among the associates so that they can join it and collaborate with the dissemination of intellectual prop -

erty among children and young people in the school stage. The second video is aimed at students and will be used from now on in the training given in schools. The material used for these classes has been reviewed and updated and its final versions will be used in future training sessions.

The program is increasingly socialized, having obtained to date 16 requests that have been attended to in our association.

Likewise, in coordination with ASIPI EMPRENDE , a training was carried out in Medellín for local entrepreneurs.

The new image and structure of our Library was launched and it was opened to the public.

Library Publications

New publications that are hosted in our virtual library were disseminated:

• Geographical Indications Regulatory Councils: Success Stories.

• Punta Cana Congress Workbook.

• Collective Management in the Metaverse.

• Influencers and their regulation in Latin America.

• First and second bulletin of Geographical Indications.

• MUNDO ASIPI Magazine Volume 1.

• Counterfeiting of medicines and natural products for medicinal use

• Intellectual Rights Volume 1 and 2.

• Work Notebooks Costa Rica.

• Interviews 2022.

In addition to these publications, during our seminar in Costa Rica and our Conferences in Medellín, we publish our event newsletters that are also available in our Library.

Round tables

Various round tables were organized in various countries of the region:

• Guatemala: Mediation as an alternative method to resolve disputes in intellectual property matters in Guatemala.

• Cuba: Industrial property and exports.

• Chile: Provisional patents in Chile: Help for innovators.

• Ecuador: Round table with the director of the European Office for Plant Varieties in Europe (Francesco Mattina).

• Costa Rica: Mediation in the Americas: challenges and current problems.

• Ecuador: Recent Prejudicial Interpretations of the Andean Court in matters of IP with the participation of Hugo Gómez, president of said Court.

• Mexico: eSports and Video Games: areas of protection in collaboration with INDAUTOR de México.

• Costa Rica: Patentability challenges regarding access to biological and genetic resources.

• Ecuador: Current situation of intellectual property protection in Ecuador with the assistance of USPTO representative Silvia Solis.

• Brazil: The applicability of market research in trademark registration processes.

• Argentina: Influencers and intellectual property.

• United States: Auditability in the Blockchain.

• Paraguay: The Madrid Agreement regarding the International Registration of Trademarks: experience in countries already adhered to.

• Venezuela: Technology for non-technologists: Metaverse, a look from the Law.

ASIPI Webinars

During 2022, 40 webinars were presented, with a total participation of more than 5,500 listeners. The topics were mostly proposed by our work committees. However, we have also been able to offer them jointly with other sister associations and expand their dissemination in other regions (AIPPI, ABPI and USPTO).

4 podcasts were broadcasted.

We restructured ASIPIFIT by offering a comprehensive personal wellness program, adding yoga sessions, spinning, and nutrition talks to our functional training.

Apart from the Green Patent contest (in Medellín), a recycling campaign was launched in face-to-face events with the participation of the social action and diversity and sustainability committees, and the backpack campaign was supported.

Support for national contests on intellectual property issues

We support various national and regional intellectual property contests:

• Moot Court organized by the UTP. Third edition.

• Regional Moot Court organized jointly with INTA and the Court of Justice of the Andean Community.

• Intellectual Property Moot Court “IP and Youth: Innovate for a better future” organized by the Supreme Court of Justice of Paraguay and APAPI with the support of ASIPI

• Twenty-first edition of the 2022 National Invention Contest: Patent Contest organized by INDECOPI and award for the best Green Patent.

• First National Comic and Comic Contest: “Peruvians with original stories” organized by the Directorate of Copyright of INDECOPI in Peru.

• Contest “The Best Industrial Designs 2022” in collaboration with RAD (Academic Design Network) of Colombia.

• FICPI: Participation in the International Congress in Cannes, France.

• ECTA: Participation in the Annual Conference in Copenhagen, Denmark.

• AIPLA: Participation in the Annual Meeting in the USA.

• APAA: Participation in the Annual Congress in Busan, South Korea.

New subscriptions and renewals of collaboration agreements

Important collaboration agreements and renewals were signed during this first year of management:

• Renovación IMPI.

• Renovación Corte Suprema de Justicia de Paraguay.

• INTA.

• Universidad Hemisferios.

• Colegio de Abogados de Costa Rica.

• UIDE.

• Asociación Industrial de Confeccionistas del Paraguay (AICP).

• Renovación INDECOPI.

participation in international events

ASIPI

• WIPO: Participation in the sixty-third series of meetings of the Assemblies of the Member States of WIPO, in Geneva.

• EUIPO: ASIPI participation in the 33rd meeting of the EUIPO User Group held on October 17, 2022 in Alicante.

• EUIPO: Participation in the SQAP Audit on Absolute Grounds of the EUIPO, Alicante, Spain.

• INTA: Participation in the Annual Meeting 2022 in Washington D.C., USA.

• AIPPI: Participation in the Annual Congress in San Francisco, USA.

• ABPI: Participation in the International Congress in Sao Paulo, Brazil.

• ASPI: Participation in the International Congress in Sao Paulo, Brazil.

• AAAPI: Participation in the XXXVI Annual Conference on Intellectual Property in Buenos Aires, Argentina.

• ABAPI: Participation in the XXXVIII National Meeting of IP Professionals in Buzios, Brazil.

• Asociación de Emprendedores de Honduras (ASEHN).

• ABPI.

• INPI Brasil.

• AIPPI.

• FICPI.

• Cámara de la Economía Digital del Uruguay.

• Secretaría Nacional de Ciencia y Tecnología de Guatemala (SENACYT).

• Cámara de Arbitraje y Conciliación de Haití.

• Renovación SIC.

• Cámara de Comercio de Medellín.

• Centro de Arbitraje de la Cámara de Comercio de Guayaquil.

• Centro de Mediación de la Asociación Ecuatoriana de Propiedad Intelectual.

• University of New Hampshire Franklin Pierce School of Law.

• ABAPI.

• RPI El Salvador.

ASIPI Court

The ASIPI Court was integrated for the period 2021-2023.

ASIPI referees

The new ASIPI arbitrators were summoned and elected. After a selection process in application of the new arbitrator selection regulations, the team was completed by 13 official arbitrators, representatives of various jurisdictions in our region.

Joint activities and agreements with Universities

One of the objectives that we set ourselves at the beginning of this management was to consolidate the presence of ASIPI in the Universities of the region. As a result, we have consolidated relationships with the following institutions with which specific activities were carried out during the year:

• The International University of Ecuador.

• The Francisco Marroquín University and the Rafael Landívar University of Guatemala.

• The University of Lima of Peru.

• The Pontifical Catholic University of Ecuador.

A collaboration agreement was also signed with the International University of Ecuador (UIDE) and the Hemisferios University of Ecuador.

The agreement signed in Medellín between ASIPI and the University of New Hampshire Franklin Pierce School of Law deserves a special mention, through which our partners will be able to access study scholarships provided by said university. The scholarships reach an amount of 1,250,000 US dollars and will be awarded in the following 5 years.

New members

Incorporation of 103 new associates and we achieved what we wanted decades ago: we exceeded 1000 members.

Social media

• Consolidation and relaunch of the official ASIPI accounts.

• New Image of our online spaces.

Institutional video

We made our institutional video which today allows us to communicate to the world who we are, what we do and why we are the voice of intellectual property in America.

Second interactive map

Launch of the interactive map on the collective management societies that exist in the region that has been worked on by the Association’s Copyright and Entertainment Law Committees.

MUNDO ASIPI

The first edition of the institutional magazine MUNDOASIPI was launched. A new proposal to keep all our membership informed. A space for everyone, with the most varied notes and articles.

New sponsorship program

We successfully started the sponsorship program that undoubtedly favors the marketing of interested firms while strengthening the finances of the association and allows us to continue advancing in our objectives. The program incorporated the figure of institutional sponsorship.

The foregoing succinctly condenses the work done in this first year, showing us that with everyone’s collaboration we can achieve many things. The proposed projects have been completed in this first year of management and with the same enthusiasm with which we started 2022,

keeps on moving

Voices The space for Committees, Programs and Commissions

Social Action Committee

Committed to society and education

President Secretary Margarita Zambrano Andréa Possinhas

From the Social Action Committee we look for innovative ways to generate social impact through activities related to our profession. The objective is to get closer to other realities to learn from them and thus be able to achieve concrete contributions to attend to vulnerable environments in a respectful way and to the extent possible. We believe that all actions add up and that any contribution is part of the change.

We recognize the social work space as a learning place for the intellectual property professional, from where it is possible to promote personal growth, admiration and empathy for those people in less favored social conditions.

This year we identified the lack of backpacks as a cause of school dropout, which motivated us to work on the “One backpack, one opportunity” campaign, which we were able to successfully materialize at the ASIPI Seminar in Costa Rica and Medellín.

We received several backpacks, filled them with school supplies, and delivered them to schools in Costa Rica and Medellin. The excitement and joy of the children was very gratifying and motivated us to continue with this work in other locations in future conferences, congresses and seminars of ASIPI

Social issues are of great relevance in the world context and it is our duty to contribute to the construction of a more just society, seeking social, cultural and innovative well-being. The basis of transformation begins in education. A backpack that carries school supplies also carries the possibility of a story of dreams and achievements... Join our campaign and donate a backpack to ASIPI!

Administration of Law Firms

Anti-Counterfeiting Committee

Digital book: Reflections on the commercialization of counterfeit products in LATAM

President President Secretary Secretary

Edna López

José Antonio Arochi Juan Guillermo Moure Cecilia Falconi

The Administration of Law Firms continues to work on projects that contribute to optimal management of the offices represented by ASIPI members, from an operational, marketing and management point of view. Within these projects, we highlight some that our focus was on during the second half of 2022.

First of all, we managed the inclusion of a workshop to be held at the Meeting in Medellín, which was in charge of Juan Carlos Samper, CEO of We are Content with extensive experience in digital marketing. He presented some digital tools to enhance the exposure and awareness of the firms.

Likewise, we began planning two webinars that will take place in 2023, beginning with the second version of “Trends in remuneration and new benefit schemes implemented for associates in law firms”, and followed by “Strategies to address a Request for Proposal”.

Along the same lines, we continued to make progress on an interesting ASIPI provider digital directory project, which we hope will see the light of day at the end of the second half of 2023.

Finally, and together with the Data Protection Committee, we worked on the construction of content generation with an ABC on the creation and implementation of privacy compliance programs for firms.

Our purpose is to provide tools to law firms to achieve improvements in their management, which is why we invite all ASIPI members to share with this Committee any issue that they would like to see worked on during 2023.

The committee has several working subgroups, one of which is focused on the construction of the digital book “Reflections on the commercialization of counterfeit products in Latin America”; which will have the participation of renowned companies and American legal studies.

This digital book seeks to generate reflection on the commercialization of counterfeit products throughout the American continent, including the legal frameworks that exist in response to counterfeiting and the experiences of some holders of industrial property rights that operate internationally.

In the same way, the committee remains active with the participation in different webinars and podcasts about the problem that counterfeit products represent, to raise public awareness about the affectation that the consumption of counterfeit products implies.

Another of the committee’s objectives is to generate articles to be published within the ASIPI Escribe segment. Those papers are focused on current issues in the context of COVID-19, as well as the counterfeiting of medicines and products for medicinal use that, in addition to being an infringement of rights for their owners, can pose a significant risk to the health of consumers.

The Committee is also oriented to generate academic events with the presence of legal specialists in the execution of different legal actions against illicit trade, covering the most important axes represented by the problem of counterfeiting and piracy.

Working for better management and direction of intellectual property offices

Harmonization and Advancement of Jurisprudence Committee

The jurisprudence arrived at our virtual classroom of ASIPIACADEMIA

Entertainment Law Committee

Comparative study and webinar on the responsibility of Internet intermediaries (ISP) for content that infringes copyright and related rights

In 2022 and in response to the call of the Executive Committee that asked us to deal with a core issue for Latin American practices such as distinctive signs, we managed to design and offer through the ASIPIACADEMIA program and with the valuable collaboration of the Trademark Committee, the first course “Jurisprudential Advances on Trademark Law”.

This course was a challenge for the committee. The first task was to choose the topics around the most complex discussions that were taking place in the administrative and judicial forums of Europe and America. The second challenge was the selection of real cases that were decided and we decided to bring those who had been the protagonists of such cases. Thus, with few exceptions, we had judges or office directors in office or recently retired from such positions.

We owe special thanks to the Court of Justice of the Andean Community, because without the assistance of its magistrates and lawyers we would not have managed to have the attractive faculty that accompanied us. We had as teachers María José Lamus (Colombia), José Sandoval (Colombia), Ray Meloni (Peru), Juan José Arias (Ecuador), Lucas Lethinen (Argentina), Justin Young (United States), Aurelio López (Spain), Leonardo Villavicencio (Costa Rica), Alfredo Rendón (Mexico), Maria Pia Guerra (Brazil), Alejandra Salazar (Chile), Carlos Castrillo (Argentina), Hugo Gómez (Peru), Karla Rodríguez (Peru) and Gustavo García (Bolivia).

Of course, the contribution of the students was fundamental. Several of the sessions were marked by interesting reflections from the participants, who expressed themselves with the respect and height that the forum demanded.

We have a lot of work to do in the Committee and we are not going to stop. We are preparing a new webinar and a podcast, where we will address thorny issues such as jurisprudence on defensive trademarks and the inventions and creations of artificial intelligence.

In the age of the Internet and Web 3.0. there is no doubt that “content is king” and one of the main assets - if not the main one - of entertainment companies in the digital world. In this context, the analysis of the responsibility of ISPs for the circulation of content that infringes copyright and related rights is of paramount importance for rights holders and continues to be a subject of analysis and debate throughout the world.

For this reason, during the second semester of 2022, the Committee addressed the issue of the responsibility of ISPs as an axis of work. On the one hand, the Committee has been conducting a comparative study of current regulations and main trends in the responsibility of ISPs in various Latin American countries. On the other hand, in November 2022, the Committee organized the webinar: “Who is responsible for content that infringes copyright and related rights on the Internet? Current Responsibility of Internet Service Providers (ISPs)”, in which panelists from the main jurisdictions of Europe and Latin America addressed the main trends in ISP liability in their jurisdictions.

We thank the members of the Committee and the panelists of the webinar for their contributions to the study of this interesting topic.

President President Secretary Secretary

Federico Fischer Hugo Rivas José Roberto Herrera Juan Felipe Acosta

Industrial Design and Trade Dress Committee

ASIPIDESIGN Awards are here to stay

Fashion Law Committee

First course on Fashion Law

Secretary Eva Toledo Cristina Hernández-Marti María Cecilia Romoleroux Lorena Mersan

Secretary

President President

In this edition of our MUNDOASIPI magazine, we are pleased to share with you the experience of the first edition of the ASIPIDISEÑO Awards, which recognized the strategic value of design, since the external appearance of a product has become a key factor in decision-making purchase decision and the positioning of a brand in the market. This first Award Ceremony of ASIPIDISEÑO 2022 was held in Medellín “The City of Eternal Spring” during the XXIII Work Sessions and Administrative Council of ASIPI

For this first edition, natural and legal persons of Colombian nationality participated, individually or as a team, who submitted their designs to a jury that based its decision on criteria such as: aesthetic value and visual appeal; demonstrable market impact and proper management of design and other intellectual property rights.

To carry out this project, ASIPI had the support of the RAD “Asociación Colombiana Red Académica de Diseño”, the highest grouping entity of university education programs in Design in the Colombian territory.

The objective of the committee is to take this contest to each of the countries where an annual meeting of the association is held, with the hope that soon we can talk about a global prize for design in Latin America. ASIPIDISEÑO seeks to disseminate knowledge about design protection among creators and companies to improve their competitiveness. It is the responsibility of IP professionals to participate in the dissemination of industrial designs for the benefit of all.

We invite you to participate in the second edition of the ASIPIDISEÑO Awards whose details will be announced in the following months and whose awards will take place in Mexico City during the ASIPI congress!

The Fashion Law committee recently broadcast a podcast on unfair competition in the fashion industry in which Pamela Echeverría participated as a speaker and our associate Daniela Moreira in moderation, to whom we extend special appreciation for taking charge of this Project.

Currently, the committee is updating the Fashion Law Guide that we expect to publish in the first semester of 2023 and preparing the first course on Fashion Law that will be offered through the ASIPIACADEMIA program in the first school year of 2023.

The Committee thanks all its members for their active participation and involvement.

Trademark Committee

A case under the magnifying glass

Noelle

The Trademark Committee shares in this space with the associates that in 2023 an important case regarding trademarks will be resolved, which is being discussed before the Brazilian authorities.

For many years and even before joining the Madrid Protocol, in Brazil there was a delay in decision-making by the National Institute of Industrial Property (INPI). This delay has always led to discussions about priorities and exclusive uses, fostering disputes between parties involved who, if the authority had defined the requested right in a timely manner, could have prevented damage to both. So, what would be the consequences if the delay in the granting of a trademark registration by the INPI were concomitant with the emergence of a competing brand, later recognized as highly renowned? This hypothesis has been occurring in Brazil since 2000, involving IGB Eletrônica S.A., APPLE INC. and the brand “IPHONE”. After years of unsuccessful mediation, administrative and legal battles, the case will finally be decided by the Federal Supreme Court (Extraordinary Appeal 1266095). It is important to remember that APPLE has always obtained favorable decisions in all previous administrative and judicial instances, having also received a favorable opinion from the Attorney General who argues that the use of the trademark must not only be linked to the previous date, but also “analyze the supervening context and relevant factual changes”.

We will be attentive to the development and outcome of this case from the trademark committee to share with all the members of the association.

Legislation Committee

Mandatory Observance Precedent and Clarified Act Doctrine

The Legislation Committee wishes to share an interesting proposal that has been promoted by the Court of Justice of the Andean Community (TJCAN) to reduce the volume of inquiries for preliminary rulings that reach this Court.

This is a proposal to improve the functioning of the Court of Justice of the Andean Community through the figures of the Mandatory Observance Precedent and the Doctrine of the Clarified Act, both of which are valid alternatives to reduce the procedural congestion of the Court and attenuate the impact on economic operators and citizens, whose judicial protection depends not only on the national judicial instances, but also on the TJCA Prejudicial Interpretation pronouncements.

In these cases, the TJCA indicates what their interpretation on a specific matter of community law so that the Consulting judges know in advance the applicable jurisprudence without the need for submit a request for interpretation. (TJCA, Draft Decision to reform the Statute of the Court of Justice of the Andean Community, Official Letter 44-P-TJCA-2020, of August 24, 2020, p. 10).

Also, pursuant to the doctrine of the clarified act, if the national judge has verified that there is no precedent of obligatory observance, but considers that there is some doctrine case law issued by the Court in a similar matter, which clearly interprets the rule in dispute or applicable to the specific case, can resolve the dispute in accordance ith that doctrine without the need to raise the query.

President President Secretary Secretary

Johana Aguirre

Jeanneret Luis Guinard Antonio Villa

Advertising and IP in the Digital World, Exploitation, Licensing and Control Committee

Webinar market place and the digital consumer and cooperation agreement with CEDU

Our committee is a showcase for communicators, creative designers and dynamic analysts from all over Latin America where they can express their ideas regarding advertising and legal marketing. Particularly, on issues related to the right to publicity, trademark licenses, technologies, social and communication media, among other areas.

Derived from this diversification, in 2023 our committee held the webinar “Marketplace and the digital consumer: challenges for Intellectual Property”, as well as a podcast in conjunction with the WASABI firm of Uruguay, where communication paradigms were addressed, as well as such as the creation of Marketplace strategies.

On the other hand, the committee is pleased to inform the membership that a cooperation agreement was signed with the Chamber of the Digital Economy of Uruguay (CEDU), which undoubtedly represents a splendid addition for our association and all its members.

We invite you to join our committee to continue updating the advertising practice in the Intellectual Property market in our region.

President Secretary Verónica Vanrell José Juan Mendez

Within the region

ASIPI Delegates in their regions

New collection office for musical related copyrights in Bolivia

The 1961 Rome Convention protects the copyright of phonographic performers and producers. Bolivia is also governed by the community norm of the Andean Community of Nations or CAN, which is Decision 351 or the Common Regime on Copyright and Related Rights. Said norm indicates that the Collective Management Societies (SGC) must be constituted in accordance with the laws of the member countries.

Law 1322 Copyright Law in Bolivia states that these societies will be established for each artistic branch. The specific regulation on SGC in Bolivia determines that these organizations must manage the author’s moral and patrimonial rights, assume the defense of the rights of their affiliates and establishes collection, administration and distribution mechanisms.

Currently there are several societies of this type related to music in Bolivia: Association of interpreters and performers (BAIEM) and Association of producers of phonograms (ASBOPROFON). Despite their efforts, these entities have spent years trying to manage related rights in Bolivia, but their attempts have not been successful.

Recently these two SGCs decided to unite and created a one-stop-shop for the use of recorded music, under the name of the Joint Management Organization (OGC). Asked about the date on which this new entity will start operating, the vice president of ABAIEM, replied that OGC is already operating, but

They are not yet in the collection stage. Thus, the interpreters, performers and owners of phonograms in Bolivia have a new opportunity to assert their rights.

Bolivia

Principal Delegate Alternate Delegate

Wolfgang Ohnes Rodrigo Moreno

More and better protection for industrial designs

2022 was a year of change for the Institute for the Protection of Industrial Designs of the Brazilian Patent and Trademark Office (INPI). Some of them generated a certain confusion between the protection of three-dimensional trademarks and utility model patents.

On October 31, 2022, the National Institute of Intellectual Property (INPI) published the 2nd edition of the Industrial Design Manual, with the aim of generating more clarity and a better understanding for both users of the Brazilian industrial property system related to the industrial design, as well as for the examiners of the aforementioned Institute.

Also in 2022, Brazil signed the Hague Agreement, which was approved by the Federal Senate on October 6, 2022. The signing of this Agreement will place Brazil on the international stage in terms of industrial design protection and Brazilians will be able to seek simultaneous protections in the member countries of the Agreement.

It is important to remember that regardless of whether Brazil is part of an international agreement or not, Brazilian law, in this case, the Industrial Property Law (LPI) 9279/96, is sovereign. This means that Brazil needs a clear and cohesive standard on the matter (Contribution of Leonardo Cordeiro and Barbara Domingos).

New Law on Intellectual Property and other legislative developments

On May 9, 2022, the new Law No. 19,039 on Industrial Property, modified by Law No. 21,355, entered into force in Chile. The novelties are the following:

• Regarding patents, the figure of patent usurpation is incorporated. This action protects the real creator of an invention from attempts by third parties to gain ownership of the right.

• The patent renewal or maintenance fee for the second decade can be paid in full before expiration or in ten annual installments.

• Applications may be submitted without payment of the initial fee, but they will not be accepted for processing until such payment is completed and accredited, with a deadline of 30 days to do so, otherwise the application will be considered as not submitted.

• In terms of trademarks, new types of signs are recognized that can be registered as trademarks, including olfactory and three-dimensional, holographic, position marks, among others.

• The possibility of total or partial expiration of a trademark registration due to lack of effective use or in the event that it has lost its distinctive character is incorporated.

• The law incorporates new criminal offenses for those who falsify a brand, with a custodial sentence.

• Regarding industrial designs, in addition to the general system of industrial design applications that includes the substantive examination for this type of application, an abbreviated system is established, which only grants the applicant a certificate of deposit and does not allow its owner to exercise legal actions until carrying out and obtaining the approved substantive examination.

On the other hand, on July 4, 2022, the Madrid System for the International Registration of Trademarks entered into force. The last milestone in its implementation dates from November 25, 2022 and consists of the publication of the first “INAPI Gazette”, which contains the marks from the Protocol. The Gazette will be published every Friday, marking with said act the beginning of the com-

Brazil Chile

Principal Delegate Alternate Delegate Joana de Mattos Andréa Possinhas

Principal Delegate Alternate Delegate Álvaro Arevalo Flavio Belair

putation of 30 business days as the term to present oppositions against these requests by third parties.

Finally, it is worth noting that on September 4, 2022, the Plebiscite that sought to replace the current Chilean constitutional text took place, in which a broad protection of intellectual property is enshrined, which includes both industrial property and copyright. The proposal for a new text only included copyright, excluding any reference to industrial property. It was rejected by 62% of the electoral roll and the current Constitution remained in force.

It should be noted that our National Congress recently reached a political agreement to initiate a new constitutional proposal that would be delivered in December 2023. We will be following what happens so that errors of the previous proposal regarding industrial property are not repeated.

receive your response within six months from the date of issuance of the Official Action.

You cannot request an extension if you filed a request under section 66(a) of the Madrid Protocol or if your Official Action was issued before December 3, 2022. If the application is abandoned, a petition may be filed to revive your application upon payment of a fee and the response that was due to the original Official Action.

Honduras

United States

New platform for online registration requests

2022 was full of challenges for the Honduran Intellectual Property Directorate (DIGEPIH), as it had to continue the new form of online submission of all procedures related to intellectual property.

New deadlines for official actions

The United States Patent and Trademark Office (USPTO) implemented new deadlines to respond to Official Actions issued as of December 3, 2022. Instead of six months, only three months will be available (with a possible extension of three months upon payment of fees) to respond to an Official Action issued during the examination. This same change will enter into force on October 7, 2023 for the Official Shares issued after registration.

By shortening response time, the USPTO intends to reduce the time it takes to obtain and maintain a registration and provide the flexibility to request additional time to respond to more complex actions.

A single three-month extension may be requested, upon payment of filing fees. You can only file the extension of time if you have not yet filed your answer. The USPTO must receive the extension request before the initial deadline date of the Official Action. If the extension request is granted, the USPTO must

The online filing began with submissions by email since August 2022 and was completed with the launch of a new platform called WIPO FILE, which in collaboration with the World Intellectual Property Organization (WIPO), which was created for the presentation of new trademark registration applications. This new platform allows users to submit registration requests from any place and time, providing speed and certainty in said process. This is an advance in the progress of industrial property in Honduras.

The objective of WIPO FILE is that, in the near future, all the registration process of a new trademark application is carried out through said platform, including the development of official actions and that it remains enabled for renewals and derivative actions (transfer, changes by name among others). However, to date it is working only to submit the application for registration and issuance of publication notices.

Although it is true that the requirement to submit physical documentation has not yet been eliminated, we hope that the next step will be to implement the entire trademark registration process digitally in such a way that it also contributes to supporting policies environmental.

Principal Delegate Alternate Delegate

Augusto Perera Daniela Rojas

Principal Delegate Alternate Delegate

Sonia Urbina Ricardo Mejía

Mexico Nicaragua

Arenas Eryck Castillo

New restrictions for the advertising and marketing of tobacco products in Mexico

On December 16, 2022, the “Decree amending, adding, and repealing various provisions of the Regulations of the General Law for Tobacco Control” was published. These provisions will enter into force on January 15, 2023 and are intended to prohibit the following activities:

• Any form of advertising, promotion and sponsorship, or any other activity that encourages the consumption of products made with tobacco, directly or indirectly, through any printed, electronic, sound, visual or audiovisual means of communication and dissemination, on platforms or technological applications and digital services.

• Direct or indirect display at points of sale, which allow the consumer to observe and take them directly.

• The use of logos, brands or “brand elements” of tobacco products and also in non-tobacco products, which include the distinctive, graphic, design aspects, as well as the slogan or sales messages and the color or combination of colors that are related to the products.

These new rules limit the freedom of trade and are incompatible with international treaties such as TRIPS (Trade-Related Aspects of Intellectual Property Rights) and, furthermore, they lack coherence with internal regulations, especially the Federal Property Protection Law. Industrial by prohibiting the use of trademarks and commercial notices.

These provisions are also questionable because they violate rights such as self-determination of consumers and the hierarchy of laws, which is why they will surely be controversial in Courts, who will have the last word.

Trademark Law Reform

Law 380 of 2020 of Nicaraguan Trademarks was amended in 2022. The reform incorporates new provisions, the most relevant being the reduction of the deadlines for opposition, defense by opposition and objection. Before they were 2 calendar months, but with the reform it was limited to 30 business days. In the case related to the Answer to Providences, they have a new term of 15 business days, compared to the two months previously established.

Another of the relevant changes in the law is related to the increase in official fees and the creation of new fees related to forms, oppositions, informal procedures, extensions and photocopies.

Additionally, it is worth noting that as an administrative measure, the IP Registries Office (RPI) is requesting information on the commercial registry, date and place of incorporation of all trademark holders in Nicaragua, which must be included in the powers of attorney. This has resulted in presenting new powers with said information, resulting in additional costs for RPI users.

Finally, looking at the statistics of trademark registrations published in 2022, it has been a year without growth in the area, a trend that has been observed since 2019 with the pandemic.

Principal Delegate Alternate Delegate

Armando

Principal Delegate Alternate Delegate

Julián Bendaña Norman Caldera

Annual management report and anniversary of the creation of DINAPI

The National Delegate for Paraguay, Juan Ortiz, participated in the 2022 Annual Management Report, and in the celebrations held within the framework of the Tenth Anniversary of the creation of the National Directorate of Intellectual Property (DINAPI). The occasion brought together national authorities, colleagues from different trades and users of the sector. The National Director, Joel Talavera, thanked ASIPI for its permanent accompaniment and sent warm greetings for the end of the year festivities to the president of ASIPI, Enrique Diaz, and to the entire Board of Directors.

Possibility of misusing precautionary measures that fall on brands and First National Comic Contest

Two issues to highlight in Peru. On the one hand, there is the pronouncement of the INDECOPI Intellectual Property Chamber on precautionary measures and, on the other, the success of the First National Comic Contest.

In theory, precautionary measures are a legal tool to protect the true holders of trademark rights, but unfortunately in Peru these measures can also be used against them. Indeed, according to the current criteria of INDECOPI, any registered trademark must be protected, including through precautionary measures, even if the bad faith of said registration is evident.

Thus, the holders of trademark rights in this country must be very careful because if they inadvertently use an unregistered trademark, they may be sued by third parties and be subject to precautionary measures, which will only be lifted when the maliciously registered trademark is annulled in last instance.

It is true that the true owner of the trademark may initiate the corresponding nullity action to recover his trademark, but he will not be able to use it for the entire duration of said procedure, due to the precautionary measures. This situation sometimes causes the true trademark holders to choose to buy the trademark from the person who stole it because this turns out to be more efficient than waiting the year and a half that the nullity procedure could take.

Paraguay

Peru

Principal Delegate Alternate Delegate Juan Ortiz Lorena Mersán

Principal Delegate Alternate Delegate

Gonzalo Barreda Jorge Allende

First National Comic Contest

First National Comic Contest “Peruvians with original stories” was launched in April 2022 by INDECOPI to encourage and promote the creativity of young people through copyright tools. ASIPI was present as a support entity.

Quispe

1. What motivated you to participate in the contest?

When I found out about the contest, I told my relatives and they were the ones who encouraged me to try it. I soon started working on the first sketches of the comic and little by little I got excited about the idea of telling a story that is full of our cultural identity and can move the readers.

2. What inspired you to develop the comic “Los Colores de Nuestra Música”?

As the basis of the story I chose traditional Andean music, something that has accompanied me and has been with me since I can remember thanks to my parents; in fact, I portrayed one or another memory of my childhood in some cartoons of the comic. An

The winner of this first contest was Geraldine Gonzáles Quispe, a young Peruvian lover of drawing, who, when asked about her motivation and inspiration for the creation of her work, answered us as follows:

important element that inspired me was the Huanca embroidery, so representative of the city of Huancayo and that the vernacular artists wear on their skirts. Since it is a story narrated visually, I wanted to take advantage of this resource and at some point I thought it would be great if the comic can be understood very well, even without the presence of dialogues. So I let the characteristic flowers of the huanca embroidery take a center stage on the pages more than once, representing the music each time it is present.

3. What is this Comic about?

The protagonist is Lina, a little girl who finds a special connection with vernacular music, but it is when she meets her grandfather that this connection deepens even more since he is a composer who is very dedicated to his art but unfortunately has not been able to spread his songs to the public as he wanted. Lina grows up learning to sing and compose thanks to her grandfather until she is no longer a girl and sets out to make the songs her grandfather composed known to the public so that they receive the recognition they deserve.

4. What message would you leave to the creators of Comics or the public?

I believe that there is a huge diversity of topics in the culture of Peru that can be a source of inspiration to create good stories to tell, everyday things that we see as Peruvians, elements with which we grew up and are part of our daily lives. As a reader, I am very happy to hear from authors who portray all these elements and represent them creatively in their works. I hope that motivation always exists.

Our appreciation to Geraldine for her initiative and for the first place obtained in the contest.

Geraldine Elizabeth Gonzáles

Technology for non-technologists

Metaverse, a look from the law

On November 23, ASIPI organized an event that took place in person in Caracas entitled: “Technology for non-technologists. Metaverse, a look from the law”. In the organization of this event, the delegates in Venezuela Enrique Cheang and Isabel Manrique participated actively together with our vice president Luis Alejandro Henríquez.

The event included the participation of ASIPI partners in Venezuela, members of the Venezuelan Association of Industrial Property Agents, as well as the director of the Copyright Office in that country, among other guests. The panel was formed by Robinson Rivas, director of the computer school of the Central University of Venezuela and by Roberto Hung Cavalieri, lawyer specializing in constitutional procedural law and professor of Law at various universities, who

Venezuela

Principal Delegate Alternate Delegate Isabel Manrique Enrique Cheang

presented on current technology issues and its future, as well as the great challenges that all new advances imply for society.

the billboard CLUBS

Regions and

On June 30, 2022, Marcos Mercado from Bolivia gave a virtual presentation on quinoa known as the “golden grain of the Andes”. He discussed its origins, nutritional benefits and the recognition of the Quinoa Real variety of the Southern Altiplano, as a denomination of origin and certification mark, in Bolivia and abroad.

We also had a conference about Guatemalan Rum and the creation of its denomination of origin. This talk was presented by Mercedes Sánchez, the Manager of “Ron de Guatemala”. During the conversation, Mercedes took us to see the Rum Museum located in Quetzaltenango, Guatemala, through an illustrative video. She explained to us all the peculiarities of Guatemalan Rum, such as its aging in white oak barrels at a height of more than 2,300 meters above sea level and its preparation with Virgin Cane Honey as a base, which make it deserving of the denomination of origin. Our thanks to Marcos Mercado and Vanessa Castro for organizing these events within our club.

Movies and Series Club IP Brainstorm Club

This year the ASIPI Club of Movies and Series dressed as Latin America. The proposal since the beginning of 2022 was to get to know and delve into our cinematographic roots with monthly gatherings in which the members of the group were able to share with representatives of the industry who exposed their trades, knowledge and developments in the Latin industry.

The cycle of films and series began with “Encanto”. On this occasion, the Colombian actress María Cecilia Botero participated, who was selected to interpret the voice of grandmother Alma. María Cecilia narrated her entire experience from the audition until she was chosen. For his part, Martín Acuña Cuervo, a teacher in performing arts and communication, gave a brief review of the production and staging of this film.

The following films discussed were “The House of The Spirits” (Chile), directed by Noëlle Jeanneret. “American Visa” (Bolivia) presented by Paula Bauer and “IXCANUL” (Guatemala) under the eyes of Virginia Servent.

Tabata Vilar, general director of the National Chamber of the Cinematographic Industry - CANACINE - Mexico, narrated her experiences in an industry as important as the Mexican one.

Finally, Claudia Triana de Vargas, director of PROIMAGENES of Colombia, shared her experience on how, through the Fund for Cinematographic Development and tax incentives for the sector, it has been possible to reinvest in this industry.

The cinema is magical and it is better when enjoyed with friends!

Thinking about intellectual property, with friends

The ASIPI IP Brainstorm Club concluded its second year of activities in 2022. In the second semester, sessions were held on various topics of great interest. It began with the visit of Marco M. Alemán from WIPO, with whom aspects of the future of intellectual property, the role of international treaties and the importance of innovation and the situation in Latin America were reviewed.

One of the topics of greatest interest in the year has undoubtedly been the Metaverse and the Club could not stop reviewing it. We talked with experts to understand the myths and realities, as well as the impact that this new virtual environment presents for legal practices.

The Club also emphasized legal rankings and the problems they entail, as well as the opportunities behind them. The visit of Andrés Jaramillo, former director of Chambers&Partners, was also received.

The positive impact that the promotion of creative economies can have in our countries led the members of the club to organize an enlightening conversation with Adriana Padilla in charge of the so-called “orange economy” in Colombia.

Finally, the club focused on identifying the needs of the clients (real or potential) of ASIPI members to help the Association face the new challenges of the market. Mari Cruz Taboada from Lexington Consultants participated in this session.

A year with great colleagues and very good ideas, ingredients for a successful brainstorm season.

Encanto, The House of the Spirits, American visa and Ixcanul

The Academy

ASIPIACADEMY is a program of the Inter-American Association of Intellectual Property in which training and education courses are offered in various fields of Intellectual Property and related areas. The main objective of the ASIPIACADEMY program is to provide its associates and community in general the opportunity to train and stay up to date on various matters in the field of Intellectual Property, as well as other areas of law that are linked to it. In this way, it seeks to give greater participation to members and offer them more tools for their professional growth.

Another objective of this program is to achieve the consolidation of an academic team formed by lawyers of recognized international prestige who oversee preparation, supervision, and correct dissemination of Intellectual Property law through teaching at the highest level of specialization. The program finally aims to be a source of publication of studies and articles that, under the supervision and approval of ASIPI, constitute reference material available to the public.

The ASIPIACADEMY Council is the collegiate body in charge of proposing, structuring, and executing the implementation of courses that will be taught in each academic period of ASIPIACADEMY The council is appointed every two years by the Executive Committee of ASIPI. The Council of ASIPIACADEMY is formed by 9 members plus a representative of the Executive Committee of ASIPI who exercises the role of President of the Council. The president of the Council appoints the Secretary.

For the 2021-2023, the ASIPIACADEMIA Council members are: Alfredo Corral (Ecuador); Eva Toledo (Spain); Gabriel Leonardos (Brazil); Luis Díez (Peru); Manuel Desantes (Spain); Maria del Pilar Troncoso (Dominican Republic); Rafael Ortin (Venezuela); Ricardo Gordo (Argentina); Aldo Fabrizio Modica (Paraguay and Secretary of the Council) and Luis Henriquez (Venezuela and President of the Council).

Semester

• Legal aspects of the music industry

• Advanced negotiation (limited places)

• Introduction to Patent Drafting

• Valuation and monetization of IP intangibles (first part)

• Legal aspects of marketing related to IP

• Jurisprudential advances in Trademark Law

September / November

• Intellectual property: interface with unfair competition

• Valuation and monetization of IP intangibles (second part)

For the first part of the 2023 semester, two courses are planned to be launched in March: “Legal Aspects of the Audiovisual Industry” and “Fashion Law”. Likewise, a proposal for a face-toface course is being developed with the Andean Community Court

of Justice prior to the ASIPI seminar in Quito, on “Jurisprudential Trends in IP”.

Stay tuned for ASIPIACADEMY activities and do not forget to visit the Academy web page for more information:

https://asipi.org/academia/

all about your health

Stories

By Augusto Perera

Covid 19 shook the world to its core and changed the way we did things, some temporary, some permanently, some for better, some not much.

Remember departing Montevideo on the night of March 12, 2020 after a successful ASIPI Seminar, and thinking what’s happening, what will be of our practices, our annual gatherings, when we will see each other again? A flashback to 911 and the havoc it created around the world and the way it changed our lives came to mind.

However, ASIPI, as organization, went to work immediately and did not rest in its laurels by creating lots of opportunities for its members to stay in touch and continue the work of the organization by adapting to the new way of the world.

One of the initiatives ASIPI put forward during these challenging times was ASIPIFIT, which has helped us tremendously. Being stuck at home during the pandemic, unable to go to the gym or the office. However, ASIPIFIT, our twice a week gathering was an opportunity to recharge, stay connected to ASIPI. Mondays and Wednesdays, via zoom, our trainer from Mexico, Jair Espinoza, put us to work to change our body and minds. ASIPI members from all over join to connect and exercise from sit-ups, push-ups, core and leg work, between others, every day is different.

I thought I couldn’t last more than a couple of weeks. However, the effort put forward by our trainer and the quality of the sessions made me look forward to every session. The effect it had on my mental health during such a challenging time it made me, not only come for more sessions, but to expand my exercise routines to include pilates, yoga, and more. To the point that I now exercise every day of the week even while traveling.

Then, once we were able to go back to in person meetings, ASIPIFIT held our first 5k run and our first yoga session during our XXI CONGRESS in PUNTA CANA in 2021, where ASIPI mem-

bers joined to raise funds for the Fundación Grupo Punta Cana and again during the Seminar in Costa Rica “Metaverse, the new frontier of intellectual property myth or reality”, where donation of school supplies to the Pueblo Nuevo Jaco school were collected during our race.

With more than 200 sessions so far, ASIPIFIT, a place to get healthy and connect to other members, has proved to be a valuable tool for me and others.

A special thanks to our trainer Jair and Santiago Gomez Pazo from ASIPI who, for every session, is there for us helping with the zoom connection and the recordings that are later available to the public at large on ASIPI’s YouTube channel.

ASIPIFIT is here to stay, and I encourage ASIPI members to join the live sessions or the recordings available on YouTube, it’s just 30 minutes of your time, but it will change your life!

See you at the next one!

To remember is to live

Inaugural session of the Assembly of the constitutive session of the Inter-American Association of Intellectual Property. In the presidium David Rangel Medina, Harold H Roditi, Mariano Soni, Salvador Barrios Sierra, Plácido García Reynoso

ASIPI Executive Committee

Treasurer

Jeremiah D. McAulitte United States

General Secretary Ernesto R. Viteri Guatemala

Chairman of the Board of Directors José Barreda Moller Peru

Vice-President Peter Dirk Siemsen Brazil

Vice-President Alfredo Cordero A. Chile

Secretary Ramiro Castro Duque Colombia

I ASIPI Congress, November 6 to 11, 1965, Buenos Aires, Argentina.

IV ASIPI Congress, november 11 to 15, 1974, Santiago, Chile

1977

XIII ASIPI Congress, October 26-30, 1997, Santiago, Chile

XIV ASIPI Congress, October 22-26, 2000, Buenos Aires, Argentina

Intellectual Property Seminar, March 17 to 19, 2012, Antigua, Guatemala

XIX ASIPI Congress, November 29 to December 2, 2015, Cartagena de Indias, Colombia

The right of paternity over software is inviolable

By Juan Felipe Acosta President of the Committee for the Harmonization and Advancement of Jurisprudence

Judgement National Directorate of Copyright of Colombia

Date November 23, 2022

Judge Carlos Corredor Origin National Directorate of Copyright of Colombia

Thesis 1 The registration of works before the National Directorate of Copyright generates a presumption of veracity over everything that is recorded in the registry, including ownership and originality. It is not a mere declarative record but rather generates probative presumptions that have weight in court. The judge must order the correction of the records when he finds that there is an error in them.

Thesis 2 The derived ownership of a work may come from an inter vivos act, succession, or a legal presumption. In Colombia, it is enough that there is an employment contract or a contract for the provision of services, in writing, for the assignment of copyright patrimonial rights to be presumed, without it being necessary to incorporate additional assignment clauses.

Thesis 3 The legislation establishes presumptions of assignment in labor contracts that operate by operation of law, without the need to incorporate another yes or new labor contracts.

Thesis 4 The derivative owner can exploit the economic rights as he sees fit. However, such exploitation is limited by moral rights, such as paternity.

Thesis 5 Deleting the name of the author, even if it is a macro in software, is a violation of parental rights, whose reparation must be established by the judge based on his criteria so that there is a true comprehensive reparation for the damage.

Ruling Judgement

The new IP landscape: Russia and Ukraine

By Riikka Palmos

Among the devastating and far-reaching consequences of Russia’s attack on Ukraine in February 2022, IP in the region has been affected. In particular, the sanctions imposed on Russia and the counteractions of Russia against “unfriendly” countries have raised uncertainty and concern among IP right holders.

IP Situation in general

The protection of intellectual property rights has not been defined as a sanctionable activity. However, the exclusive rights related to IP became a means of politicking and pressure at first, but now the situation is much calmer. From a purely legislative point of view, the situation is not that alarming.

Protection of and in respect for intellectual property rights in Russia has historically been high. The legislation and the practices of the Russian IP Court have been up-to-date. Russia has also made great efforts to develop the IPR field during the last years.

Russia is able to restrict exclusive IP rights

As a countermeasure against sanctions imposed on Russia, there are decisions and new laws enabling the state – under specific circumstances – to restrict exclusive IP rights. However, in accor-

dance with the new legislation, all restrictions must be well justified, e.g. to ensure the safety, health and wellbeing of Russian citizens. In practice this means, for example, ensuring the availability of medicines, food and other vital commodities.

To ensure the availability of vital commodities the following restrictions to exclusive IP rights are possible:

• Possibility to grant a compulsory licensing without any compensation to the patent holder from an unfriendly country to Russia,

• Parallel import of certain goods has been allowed,

• Despite of different rumors and discussions to nationalize foreign IP Rights, no severe interference to exclusive rights has been implemented, yet,

• Non-fulfillment of civil obligations - amendments are being made to many laws in order to deal with non-fulfilment of civil obligations due to sanctions, for example the impossibility to pay license royalties due to sanctions, will not be considered as violation of license agreement.

Russia allows parallel import for certain goods

Degree-law No. 506 of 29 March 2022 allows parallel import for certain goods into Russia. Parallel import means import of original goods without the consent of a rights holder. The new law now allows non-authorized distributors to import goods into Russia, avoiding official distribution channels. Previously, parallel import without the consent of the rights holder has been prohibited.

The reason for allowing parallel import at this stage is obvious – this approach will guarantee the shipment of goods into Russia in a situation where many foreign companies have left the country or scaled down their business. Russian retailers, which in the current circumstances find it difficult to obtain foreign goods, have expressed their support for legalizing parallel import.

Parallel import is allowed only for certain specific goods and the list of goods and companies is published by the Ministry of Industry and Trade. The list is regularly updated and new brands are included and also excluded from the list. The list mainly includes goods of companies which have left the Russian market.

The practice has shown that the Ministry of Industry and Trade has turned out IP holders friendly. Interesting recent news is that more than 200 brands have just recently withdrawn from the parallel import list by the Ministry. This means that either many

companies have resumed their operations in Russia or otherwise their (or substitute) products are again available at the Russian Market. In any case, it now seems that allowing of the parallel import is only a contemporary measure to guarantee the shipment of goods into Russia.

Can IP rights still protected and maintained?

The answer is yes - the patent offices of Russia and Ukraine are currently operating, despite of some disruptions in Ukraine and sanctions in Russia. The prosecution of IP rights continues as usual. Payments of official fees to the Russian Patent Office (Rospatent) may be problematic but can be still paid through non-sanctioned banks. Further, Martial law which is currently in force in Ukraine allows suspension / restoration of IP deadlines within 90 days from the date of repeal of the Martial law.

The statistics show that during January-July 2022 the amount of trademark applications in Russia were, surprisingly, increased 5 % (compared to 2021). However, the increase comes from the Russian filers - filings from foreign companies has dropped 15.5%. In Ukraine the national filings dropped more than 40 %, but the amount of international trademark applications remained almost the same. The recent numbers in Ukraine also show increase of number of applications.

Enforcement of rights

Trustfulness of the Russian judicial system is at stake and the burning question is whether foreign companies can get any fair IP decisions in Russia. This is very justified question in the situation where overall trust and safety are at stake and local companies and individuals try to get advantage of the situation.

During the last months Rospatent has received hundreds of trademark applications filed by local businesses for trademarks owned by foreign trademark holders, mainly trademarks of companies leaving Russia. The situation caused panic and many trademark holders become extremely concerned. Luckily, Rospatent reacted and announced that:

• In accordance with the legislation, they need to publish all applications filed,

• This does not mean that the applications will be registered,

• All applications are thoroughly and legally examined,

• Prior rights will hinder registration of identical or confusingly similar trademarks.

Samples of bad faith trademarks filed at Rospatent

Although Rospatent will most probably refuse these bad faith applications, the right holders should be awake and actively oppose the applications, when necessary. If companies have not registered their rights in Russia in the first place, third parties may succeed in these bad faith registrations.

To maintain IP rights requires various measures, such as payment of renewal and annuity fees as well as proper use of the rights in the local market. Trademark use requirements may be difficult to fulfill in the circumstances where the businesses have been interrupted. Therefore, it is worthwhile start considering alternative strategies to safeguard the rights, such as licensing or re-filing existing rights.

Current legal praxis

Based on several recent court decisions it seems that the judicial system is working properly. IP right holders can still trust the Russian court system. The grounds for different court decisions show that, at least currently, the decisions follow the law.

Although local parties to disputes try to challenge IP rights of companies from unfriendly countries and refer to national interest of Russia to cancel existing rights of foreigners, the courts have systematically confirmed that equal protection of intellectual

property of foreign companies must be guaranteed in the Russian Federation and that defining some countries as unfriendly to Russia, does not exclude the possibility of companies from such countries to enforce IP rights in Russia.

What the future looks like?

Uncertainty and exceptional circumstances are of course a concern. However, it seems that as long as products are available at the market, the situation is calm. Recent development is that many Asian products are taking over the Russian markets over the European and USA products. Therefore, there is a need for a functioning IPR system also from this perspective. Asian companies are now filing more applications.

Defending one’s rights after withdrawal from the market may be complicated, especially as time passes and the rights are not used as stipulated by legislation. This situation may soon become a real challenge for IP holders.

Bad faith actions and new sanctions including counteractions to sanctions may change the situation rapidly. However, currently it seems unlikely that Russia is planning to wreck the intellectual property rights system, as it’s one of the cornerstones of business operations for local companies too – not just for foreign ones.

During the second semester of 2022 ASIPI, with the collaboration of its members, has made the following publications that can be found in our library: www.asipi.org/biblioteca/es

ASIPI leaves its mark in Medellín

The “City of Eternal Spring” hosted the XXIII Work Sessions and Administrative Council of ASIPI for four days, with over 600 participants. It was an event organized with special affection in honor of Peter Dirk Siemsen, founder, former president and honorary president of ASIPI, and in which the joy, hospitality and warmth of the Colombians were always present.

ASIPI Medellin united knowledge and exchange with a varied thematic and social agenda. Panels and workshops with top-level speakers from different countries in the region, sports and networking meetings full of camaraderie and union, actions for the benefit of the community, signing of agreements, meetings with associations and entities, among others, set the tone for the Conference.

Important activities took place in the days prior to the official start of the event. The program included meetings of the members of the Executive Committee, the Council of ASIPI Past Presidents, trainings on Intellectual Property and Pro Bono clinics for local entrepreneurs by the ASIPI Emprende Program and the ASIPI Pro Bono Commission

together with Ruta N, as well as the Workshop on the Wine Industry and its relationship with intellectual property. The Executive Committee also hosted a welcome dinner at El Colosal Restaurant for panelists and moderators of ASIPI Medellín, authorities and the Association’s board of directors.

Meeting prior to the official start of the event

Executive Committee

Pro Bono clinics for local entrepreneurs

Workshop on the Wine Industry and its relationship with intellectual property

Sunday, December 4 began with the meeting of the Administrative Council during which the members of the Executive Committee reported on the activities carried out and the plans for the future. It

was made clear that, while there is still work to be done, ASIPI has come a long way and has been able to open its own space as a reference for Intellectual Property in the Americas.

Administrative Council

In the afternoon, the meeting of the Working Committees, Programs and Special Commissions was held with a large attendance, reflecting the commitment and motivation of its members.

The ‘Mentoring Meeting’ brought together first-time attendees of the Association’s events to receive advice and guidance from experienced ASIPI members. It was a warm welcome for newcomers and a great experience for all.

The ASIPI Academy Council and the coordinators of the 2022 courses had a special space. The balance of the year was reviewed and well-deserved awards were given out. ASIPIACADEMIA has contributed to the education in Intellectual Property and related areas, filling the Association with pride.

Given the recent implementation of the Patent Manual of the Andean Community and thanks to the initiative of our Patent Committee, at the end of the afternoon a conversation was held in the

framework of ASIPI Medellin with Carolina Hanssen, Legal Officer of the Patent Division of WIPO and Juan Rodrigo Pimentel of Arochi & Lindner, who was immersed in the evaluation and drafting of the manual.

On Sunday evening, the opening ceremony of the Conference began with the words of Jorge Chávarro, President of the Host Committee and Vice President 2 of ASIPI, followed by Marco Matías Aleman, Assistant Director General, Innovation Sector and IP Ecosystems of the World Intellectual Property Organization (WIPO), Hugo Gómez, President of the Court of Justice of the Andean Community of Nations, María del Socorro Pimienta, Delegate for Industrial Property of the Superintendence of Industry and Commerce and Enrique Díaz, President of ASIPI, who formally opened the meeting.

As part of his opening remarks, Enrique Díaz presented a video with a summary of the accomplishments after a very productive year,

and culminated with the announcement of a very important alliance: the signing of a Memorandum of Understanding (MOU) with the University of New Hampshire Franklin Pierce School of Law in order to provide scholarships for JD, L.L.M and summer courses at that university. This is clearly in line with the association’s interest to monetize assets.

Following the solemnity of the opening ceremony, Nelson Osorio Lozano, renowned Colombian cultural manager, biographer, analyst, historical researcher, art curator and professor, delivered a masterful speech, sharing his knowledge of Medellin’s transformation with the audience.

Announcement of the agreement between ASIPI and the University of New Hampshire Franklin Pierce Law School.

The evening concluded with an entertaining cocktail on the terrace of the InterContinental Hotel, where a group of “silleteros” were present with their floral creations, worthy of the beautiful “paisa” tradition.

Monday, December 5 started early for the participants of the 5K run/ 2.5K walk, organized by ASIPIFIT and the Social Action Committee, for the benefit of the Colegio Sagrada Familia de la Aldea Pablo VI in Medellín. A special recognition to all those who joined this noble cause and congratulations to María Fernanda González, Maricruz Villanea, Annikki Hamalainen, Jacqueline Moreau, León Weinstok, Juan Pablo Díaz, MartÍn Pittaluga and Enrique Díaz for taking the first places in their respective categories. This activity coincided with the celebration of World Soil Day, which ASIPI joined to raise awareness of healthy soil and sustainable resource management.

1st. 2nd. 3rd. 4th. 1st. 2nd. 3rd. 4th.

Women

María Fernanda González Maricruz Villanea Annikki Hamalainen Jacqueline Moreau

Men

León Weinstok

Juan Pablo Díaz MartÍn Pittaluga Enrique Díaz

The first academic day on Monday raised current issues of interest to the participants.

In the first panel “The shapes that seduce: industrial design protection strategies” with Ben Natter, Haug Partners LLP (USA), Iván Sempere, Padima (Spain) Carolina Velez, Prebel (Colombia) and Laura Collada, Dumont (Mexico) as moderator, experiences were shared on industrial design protection strategies for certain sectors, based on existing protection systems.

Francesco Mattina of the European Plant Variety Office (France), Santiago Jarrín of Plantas Técnicas Plantec Cía. Ltda. (Ecuador) under the moderation of Leonardo Cordeiro, Gruenbaum, Possinhas & Teixeira IP (Brazil), commented on the options for the legal protection of plant varieties.

“Ukraine: beyond war and IP” was the talk given by Ganna Prokhorova of Mamunya IP (Ukraine) in which she shared her personal experience and the pain of her people. She also illustrated how the national IP office’s operational measures have actually or potentially affected the filing, processing and maintenance of IP rights in her country.

The first panel on Monday afternoon was “Conflicts of rights in audiovisual works: from freedom of expression to the right of image” with the participation of Amanda Hyland, Taylor English (USA), Patricia Renjifo, ECIJA Colombia (Colombia) and the moderation of Raquel Toñánez, Toñánez Ortiz Asociados (Paraguay). This session addressed the issue of the clash between Trademarks, Copyright, Right to Image and Freedom of Expression due to the publication of chronicles, stories and similar notes, or documentaries and audiovisual works on real people and facts.

To

Marco Matías Alemán, World Intellectual Property Organization (WIPO), - (Switzerland), Allan Jarry, JarryIP SpA (Chile), Fernando Gastelbondo, CompassBranding (Colombia) and Gabriel Leonardos, ABPI (Brazil) as moderator, referred to the main challenges in the use of intangible assests as a source of financing.

discuss trademark protection in the evolving environment of social networks, Daniel Legaspi, Santamarina y Steta, S.C. (Mexico), Megan Carpenter, University of New Hampshire Franklin Pierce School of Law (USA) and moderator Maritza Reátegui, Rodrigo, Elias & Medrano Abogados (Peru) were present. Strategies and best practices for the enforcement of trademark law in social networks were shared.

We highlight other events that took place throughout the day: members of the Executive Committee held a lunch with the presidents of the national associations present at the event, a press conference entitled “Intellectual Property: Challenges and cha llenges in a hyperconnected world” with the presence of some local media and the participation of Enrique Diaz President of

Carpenter Dean of Law of Franklin Pierce Law Center and Francesco Mattina, President of the Community Plant Variety Office, and an ASIPI-WIPO meeting was held for the realization of a “Bootcamp” Claims Drafting course by Campo Tecnológico. Another noteworthy event was the awarding of the Best Design Contest 2022 organized by ASIPI’s Industrial Designs and Trade Dress Committee.

A press conference entitled “Intellectual Property: Challenges and challenges in a hyperconnected world” with the presence of some local media

Members of the Executive Committee held a lunch with the presidents of the national associations present at the event

Awarding of the Best Design Contest 2022 organized by ASIPI’s Industrial Designs and Trade Dress Committee

Coordination meeting between our Patent Committee and WIPO: Claims Drafting Course “Bootcamp” by Campo Tecnológico

Important collaboration agreements were signed. ASIPI strengthened ties with the Chamber of Arbitration and Conciliation of Haiti, the Medellin Chamber of Commerce, the Arbitration Center of the Guayaquil Chamber of Commerce, the Mediation Center of

the Ecuadorian Intellectual Property Association, the Superintendency of Industry and Commerce of Colombia, the University of New Hampshire Franklin Pierce School of Law.

Collaboration agreement signed with the Chamber of Arbitration and Conciliation of Haiti

Collaboration agreement signed with the Medellin Chamber of Commerce

Collaboration agreement signed with the Arbitration Center of the Guayaquil Chamber of Commerce

Collaboration agreement signed with the Superintendency of Industry and Commerce of Colombia

Collaboration agreement signed with the Mediation Center of the Ecuadorian Intellectual Property Association

Collaboration agreement signed with the National Registry Center of El Salvador

Signing of the agreement between ASIPI represented by its president Enrique Diaz and the University of New Hampshire Franklin Pierce Law School represented by the dean and law professor Megan Carpenter.

After an extensive and productive day, the Local Law Firms offered a lively reception at the Andrés Carne de Res Restaurant. With music, dancing and an excellent menu, the Colombian firms gave a great welcome to the participants showing their hospitality and warmth.

Training

The second academic day of ASIPI Medellín offered participants a morning of interesting workshops.

was also offered for arbitrators and application of the Rules of the International Court of Arbitration and Conciliation specializing in Intellectual Property (CIACEPI) with Fernando Triana, Triana, Uribe & Michelsen (Colombia), Bibiana Bernal Mesa, independent lawyer (Colombia) and Paul Corral, Corral Abogados (Ecuador) and Consuelo Benjumea, Consuelo Benjumea & Asociados S.A.S. (Colombia) as moderators.

Juan Carlos Samper from We are Content (Colombia), moderated by Edna López, Mayora IP, S.A. (El Salvador), was present to discuss legal marketing and digital strategies to enhance the exposure of law firms.

To

The workshop on “Challenges for Latin American franchising companies in the United States” was led by Marc Lieberstein, Kilpatrick Townsend (USA), Emiliano Jöcker, The iFranchise Group (USA) and Juan Carlos Uribe, Triana, Uribe & Michelsen (Colombia) as moderator.

close the day’s academic session, the topic of the orange economy as a great economic engine capable of generating jobs was discussed. Speakers included Mónica Zuluaga, Hemisferio Derecho (Colombia), Mercedes Castells, Fischer Abogados (Uruguay), Joseph Olin, Videogame Bar Association (USA) and Adriana Padilla, Consultant in creative and cultural economy (Colombia) as moderator.

Workshop on the importance of mental health in the professional environment with the participation of: Diana Arredondo from Amazon, USA; Myrtha Hurtado from Nestle, Switzerland; María Eufemia Duque from MEDS Consulting, Colombia; and Joana de Mattos as moderator of Montaury, Pimienta, Machado & Vieira de Mello, Brazil

Workshop on evidence in digital media for trademark administrative and judicial procedures: obtaining and certification with the interventions of Luis Baz de Elzaburu, Spain; Sebastián Lovera, Ladas & Parry, United States; Army Ferreira, Attorney General of the Dominican Republic; and Lilly Acevedo Office of the Attorney General of the Dominican Republic as moderator.

In the afternoon, participants were able to enjoy sports activities and a tour of the most emblematic places in the city.

Golf

Soccer

Tennis

tennis Medellín‘s City Tour

Coltejer Building

Botanical garden Botero square

Paddle

This second day offered an evening of relaxation and fun at the Castle Museum followed by the “Come as You Are” party at the Envy Rooftop, an initiative of ASIPI ’s Diversity, Inclusion and Sustainability Committee..

“Noche Paisa” at Castle Museum

“Come as You Are” party

With a yoga class taught by associate Francisco Perez as part of the ASIP I FIT program, participants began the last day of ASIPI Medellin with good energy, followed by the breakfast of the Green Patent Contest , which we sponsored for the fourth consecutive year in the framework of the general patent contest organized by INDECOPI in Peru, with the support of the ASIPI FUTURE Commission.

Before a demanding jury formed by Roberto Rios, Hoglund & Pamias PSC (Puerto Rico) Margarita Romero, Romero Corral Abogados (Ecuador), Alexander Agudelo, OlarteMoure (Colombia), Jorge Chávez, INDECOPI (Peru), Hugo Gómez, Court of Justice of the Andean Community (Peru) and with Jorge Allende, President ASIPI FUTURE Commission (Peru) and María del Pilar

López, Secretary ASIPI FUTURE Commission (Costa Rica) as presenters, the four finalists of the contest presented their inventions and answered questions that finally gave as winner Thonny Ericson Mota Peña with his project “Device to manage, automate and dim the lighting intensity of dimmable LED luminaires 0-10v with radar and twilight sensors”.

“SEP”

The first panel of the morning “How brands contribute to make a better society” was in charge of Ligia Helena Borrero, National Federation of Coffee Growers (Colombia) and Erika Starost, AJE Group (Peru). Karina Calderón, Legalsa (Guatemala) acted as moderator.

To discuss trends in technology standardization and

patents, we had the participation of Micky Minhas, University of New Hampshire Franklin Pierce School of Law (USA), Carlos Olarte, OlarteMoure (Colombia), Luiz Henrique do Amaral, Dannemann Siemsen (Brazil) and Jim Bindseil, ArentFox Schiff (USA) as moderator.

In a discussion format, authorities from different associations of the

and future

of

The panel “Assessment of damages in copyright and related rights” included Carlos Andrés Corredor, National Directorate of Copyright (Colombia), Hugo Gómez, Court of Justice of the Andean Community (Peru), Mauricio Jalife, Jalife Caballero (Mexico) and moderator Jacqueline Moreau, Moreau González & Asociados (Venezuela).

sector shared the challenges and vision of their organizations regarding current

issues

Intellectual Property. Participants included Maria Scungio, AIPPI (USA), Myrtha Hurtado, PTMG (Switzerland), Sharon Crane, FICPI (USA), Patrick Coyne, AIPLA (USA), Sergio Barragan, INTA (Mexico), Mladen Vukmir, ECTA (Croatia) and Enrique Díaz, ASIPI (Mexico).

To close the academic day, the topic of “Personal Branding. Protection of the Personal Brand in Sports” with Felipe Restrepo, Asociación Deportivo Cali (Colombia), Fernanda Magalhaes, Kasznar Leonardos Propriedade Intelectual (Brazil), Miguel Muñoz, Muñoz-Lopez & Associates PLLC (USA) and Noelle Jeanneret, Muñoz Jeanneret Alvarez y Cia (Chile) as moderator.

Working

Throughout the day, members of the Executive Committee held a working lunch with the presidents and members of the board of the international associations and signed collaboration agreements with the Brazilian Association of Industrial Property Agents (ABAPI) and the National Registration Center of El Salvador.

lunch with presidents and members of executive board of the international associations

Collaboration agreement signed with the National Registry Center of El Salvador

Collaboration agreement signed with Associação Brasileira dos Agentes da Propriedade Industrial (ABAPI)

As part of the closing ceremony of a magnificent event, there was a very emotional moment with the delivery of the backpacks donated by the participants to underprivileged girls as part of the campaign “A backpack, an opportunity” of the Social Action Committee

and a donation of money resulting from the registrations for Monday’s race to the Colegio Sagrada Familia Aldea Paulo VI. A special mention was made to the action of AJE Group Colombia for the donation of water and juices for the children.

The event also included the presentation of awards to the winners of the sports activities: 5K race, soccer, tennis, paddle tennis and golf, as well as to ASIPI’s staff and suppliers who made this wonderful event a reality.

The grand finale was the Closing Dinner at the emblematic Botanical Garden of Medellin in a night with flowers, aromas, music and all the Colombian charm.

After the Conference, a group of participants embarked on the Geographical Indications Route, delving into the world of the Colombian Coffee denomination of origin and the ceramics of El Carmen de Viboral.

The Conference was a great event that left its mark in Medellín and in each of its attendees. A special thanks to the Colombian ASIPI group for their support and hospitality, to our sponsors, and to all those who made it possible.

PATROCINADORES INSTITUCIONALES

PATROCINADORES PLATINO

PATROCINADORES oro

PATROCINADOR expositor

PATROCINADORES de apoyo

PATROCINADOR deportivo

does not rest and we are already working on the organization of the next ASIPI Seminar in Quito, Ecuador from June 4 to 6, 2023.

AIPPI’s activities, members’ work and achievements

The International Association for the Protection of Intellectual Property, known as AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle), is the world’s leading non-profit association dedicated to the development and improvement of laws for the protection of intellectual property. It is a politically neutral, non-profit organisation, based in Switzerland with over 8000 members worldwide from 131 countries.

Since 1897, AIPPI’s objective has been to improve and promote the protection of intellectual property on both international and national bases. It pursues this objective by working for the development, expansion and improvement of international and regional treaties and agreements and national laws relating to intellectual property. It operates by conducting studies of existing national laws and proposes measures to achieve harmonisation of these laws on an international basis. Where appropriate, AIPPI intervenes with submissions before major courts and legislative bodies to advocate for strengthened IP protection.

Collaboration between AIPPI and ASIPI

After already 20 years of collaboration to harmonise IP laws, AIPPI and ASIPI concluded a cooperation agreement at the AIPPI World Congress in San Francisco last September. In the past, AIPPI already organised breakfast meetings during ASIPI’s annual meetings to provide a platform for members of both associations to work together. But the two associations wanted to go further and enter into a formal agreement to allow for more structured and strategic collaborations.

AIPPI’s activities

This year, AIPPI will publish 8 newsletters that will provide important updates on the latest developments in intellectual property from around the world to help the IP community keep up to date as well as informed of its most recent activities. Anyone interested in intellectual property protection on a national or international level can subscribe to the AIPPI Newsletter.

The AIPPI Resolutions are the centerpiece of the annual World Congress and the accomplishment of a year’s work prior to each Congress. Each Study Question is debated during the Plenary Session dedicated to it, before being finally voted on by the Executive Committee on the last day of the Congress each year.

Over 700 Resolutions have been adopted by AIPPI. With those Resolutions, AIPPI has had a major influence on the development of international IP Law.

AIPPI’s Resolutions are published in English, French, Spanish and German and sent to WIPO, WTO, Governmental and Non-Governmental Organizations, and patent and trade mark offices around the world.

Five resolutions were adopted at the 2022 AIPPI World Congress in San Francisco:

• Patents: Patentability of Diagnostic Methods

• Trade Marks: Trade Marks and the internet and Social Media

• Copyrigth: Moral Rigths

• General: Protection of trade secrets during civil proceedings

• Standing Committee on Alternative Dispute Resolution: Privileges relating to Settlement Negotiations and Compromise Offers

AIPPI’s international impact on IP laws

Indeed, AIPPI and the work of its members have a significant positive impact on IP protection around the world. Here are some of AIPPI’s achievements for the benefit of IP owners and users:

• Promotion of Revisions of the Paris Conventions leading to enormous improvement in the protection of industrial property during the 20th century.

• The establishment of the Trade Marks Law Treaty (which is the result of an AIPPI initiative).

• The passing of Resolutions (such as the test for the experimental use exception in patent law) which are cited as authority on what the law should be in some jurisdictions.

• Delegations of AIPPI are recognized as active participants in all major international and regional discussions on intellectual property law projects like Patent Law Treaty, European Community Patent Convention, Directive of the European Union on Biotechnology, the Hague Agreement and the Madrid Protocol, to mention just a few.

This year’s AIPPI World Congress in Istanbul

On 22-25 October 2023, more than 2,000 IP experts from around the world are expected to attend the AIPPI World Congress in Istanbul

— the city where Europe meets Asia, and ancient meets modern. At the Hilton Istanbul Bomonti Hotel & Conference Center, AIPPI members will gather to participate in the making of AIPPI’s 2023 Resolutions. The Study Questions that will be discussed at this year’s Congress are:

• Patents: Doctrine of equivalents

• Trade Marks: Proving trade mark use

• Copyrigth: Collecting societies

• General: Responsibility of online marketplaces for online infringement

Participants will not only attend this year’s Congress to connect with IP professionals from around the world, keep up to date with the latest developments and further their knowledge, but they will have the chance to experience exceptional networking events, discovering the best that Istanbul has to offer. AIPPI will communicate more details about the world-class professional development programme, memorable networking events and airfare discounts with Turkish Airlines in the upcoming months. Early registration will open on 9 May at www.aippicongress.org.

Can Latin America become a leader in innovation?

By Gabriel Leonardos

ABPI‘s President Brazilian Association of Intellectual Property

1. 2. 3.

We frequently hear and say that Latin American populations are very creative. Multinational corporations located in our countries often praise the innovative capacity and dedication of local workers. However, despite some specific advances, the truth is that we are still unable to compete with the most innovative countries.

In Brazil, the total number of patents filed with the INPI - National Institute of Industrial Property, decreased from 34,050, in 2013, to 26,921, in 2021, and is expected to remain the same in 2022. As a result, over the last ten years 1 , there has been a 21% decrease in patent applications.

The contrast between Latin America and the world’s most advanced regions is evident, even though there was a significant increase in the number of patents in the world from 2013 to 2021, mainly driven by China 2

Although the correlation between the number of patents and innovation is beyond the scope of this article, it is clear from the Global Innovation Index of WIPO - World Intellectual Property Organization 3, that the countries of our region are not among the most innovative. In the 2022 ranking, the

Source: INPI Monthly Newsletter, available at https://www.gov.br/inpi/pt-br/central-deconteudo/estatisticas/ arquivos/publicacoes/boletim-mensal-de-propriedadeindustrial_dezembro2022.pdf, 04.01.2023

Source: WIPO Statistics, available at https://www3.wipo.int/ipstats/editIpsSearchForm.htm?tab=patent , 04.01.2023

Source: https://www.wipo.int/global_innovation_index/en/2022/ , 04.01.2023

best ranked Latin American countries are Chile (50th position), Brazil (54th), Mexico (58th) and Colombia (63rd). In other words, we are far behind the leaders and other major developing countries like Malaysia (36th), Turkey (37th) and India (40th).

There are several reasons for Latin America’s declining importance in the global patent and innovation scenario. And because I make no claim to know the nuances of all the countries in our region, I will limit my comments to the situation in Brazil.

The first, and perhaps the most important reason for the decrease in the number of patents in Brazil, is the decrease in the industrial activities, for which the patent system is particularly relevant. In 1980, the industry accounted for 50% of Brazilian GDP, today it accounts for slightly more than 20%. The hostile regulatory environment, combined with the wealth of agribusiness (which has absorbed a substantial portion of the capital available for investment), has led to the dismantling of the Brazilian industry, which has lost its international competitiveness. Only an active industrial policy stimulated by the government to promote Brazil’s inclusion in global production chains will be able to reverse this situation.

The second reason is of a bureaucratic nature: the inefficiency of the Brazilian INPI, which took up to 12 years to examine and grant a patent, has led to a lack of interest in the search for protection, both by domestic and foreign companies.

For the Brazilian businessman, who already faces many challenges to overcome, planning two to three years ahead is already long term. Even the significant improvement in the INPI from 2018 to today, which has already reduced the delay in processing a patent application to about 7 to 8

years, is still far from being enough to generate the interest of business owners

Finally, the third reason is of a cultural nature, which is the glorification of the culture of copying. There are people who argue that a developing country must copy innovations in order to make rapid strides in industrial progress. It is argued that large multinational corporations are already adequately compensated for their innovations when they sell in rich countries, and that seeking to increase profits by exercising the right of exclusivity in developing countries would be abusive or unfair. Some even give examples of advanced countries that would have used this strategy in the past.

While the first two obstacles mentioned above can be overcome through appropriate government policies, the third problem will continue to hinder our technological growth. In Brazil, it is necessary to convince hearts and minds that only intellectual property innovation and protection generate wealth, added value, competitiveness, high wages, and tax payments. The repayment of Brazil’s enormous social debt necessarily requires respect for intellectual property, without which we will remain an unequal society with low social mobility.

We will continue to be a technological miniature in the face of technological giants found in the world scenario, specifically in Asia, Europe, and countries north of Latin America, as long as the culture of copying is not replaced by the culture of innovation and respect for the innovative entrepreneur.

For the past 60 years, the ABPI - Brazilian Association of Intellectual Property, has worked to improve Brazil’s intellectual property protection environment. This is an effort that Latin America must make together in order to realize the enormous creative potential of our people.

UPCOMING EVENTS

conference-2023

meeting-live/

/2023-world-technology-law-conference-0

10 – 12 September IPO Boston, MA 2023 IPO Annual Meeting

2 – 6 October WIPO Geneva, Switzerland Standing Committee on the Law of Trademarks, Designs Industrial and Indications Geographical (special session)

https://www.wipo.int/meetings/en/

https://ipo.org/index.php/event/ipo-annualmeeting-3/ 16 – 20 October WIPO Geneva, Switzerland Standing Committee on Patent Law (35th session)

winnipeg-mb-2023-10-11.htm

congress-in-istanbul/

https://apaa2023.com/

https://www.wipo.int/meetings/en/ 14 – 17 November INTA Houston, TX Leadership Meeting https://www.inta.org/events/2023-leadershipmeeting/

19 – 22 September MARQUES Berlin, Germany 37th Annual Conference https://www.marques.org/events/ https://www.aipla.org/detail/event/2023/10/19/ default-calendar/aipla-2023-annual-meeting 3 – 6 December ASIPI Mexico, DF ASIPI Congress

Ana Patricia Grimaldo

Lilia Rosales

Marcos Henrique

Marques Bueno

Gustavo Rodríguez

María Noguera

Lucia Madeleine

Quevedo

David Maldonado

Andrés Gómez

Nancy Milena Sandoval

Diana Alejandra Moreno

Andrea Abigail Guevara

Chantal Dejugnac

Felipe Serrano

Érica Ferreira de Souza

Natalia Franco

Hilda Monterroso

María Carolina Vieira

Alexis Castillo

Gustavo Vilera

Juan Carlos Amaro

Natalia Ramos

Marimar Bordes

Christelle Vaval

María José Lamus

Law Services, P.C. G. Breuer

Welcome

ASIPI is pleased to announce the incorporation and welcome our new associates

Palo Alto Marcas e Patentes

Continental IP Guinard&Noriega Abogados

Bueno Lercari Consultores

Maldonado Leon Abogados

PDLC/Portillo y de la Cruz, S.C.

MPR Moreno Advisors

MPR Moreno Advisors

Estudio Jurídico Tobar ZVS Serrano Martínez

Serrano Martínez

Di Blasi, Parente & Associados

Lloreda Camacho & Co

Palacios & Asociados

Contexto Legal S.A.

Castillo & Sucre

Ayala & Asociados IP BC&B

NRAMOS.abogados

Calderon & de la Sierra, S.C. Cabinet Salès

Lloreda Camacho & Co

Panama Argentina Brazil Venezuela Panama Peru Ecuador Mexico Colombia Colombia Ecuador Colombia Colombia Brazil Colombia Guatemala Colombia Panama Venezuela Mexico Dom. Rep. Mexico Haiti Colombia

Ray Meloni

Patricia Renjifo Edgar Xavier Saucedo

MCG Law Firm

ECIJA Colombia Saucedo, Rodríguez Y Saucedo, S.C.

Abril Magdihela Rodríguez

Rosa Fiorella Guerrero Erick Hernández

Helena Niño Irely Aquique

Laura Herrera

Amanda Silva

Ana María Castro Marcela Canjura Juan Camilo Amaya David Méndez

Saucedo, Rodríguez y Saucedo, S.C.

Fernandez-Davila Abogados S.A.C

Arochi & Lindner Raisbeck & Castro

TMI Abogados, S. C. Correa Merino Agudelo Msantos Propriedade Intelectual Lloreda Camacho & Co Arias El Salvador Pons IP

Wolf Mendez Abogados Asociados S.A.S.

Gabriela Villanueva Pablo Fabara

Lisandro Coll

Mauro Dellafiori Juliana Orduz

Marta Reis

Fabiane Asconavieta Jaime Arosemena

The ASIPI family continues growing!

Headrick Rizik Alvarez & Fernandez Bustamante Fabara

CA Consultoria Coll Areco SRL Dellafiori Abogados Spa Novomarcas Abogados

RGF Advogados Associados RGF PI

Pino Elizalde Abogados

Peru Colombia Mexico Mexico Peru Mexico Colombia Mexico Colombia Brazil Colombia El Salvador Colombia Colombia Dom. Rep. Ecuador Argentina Chile Colombia Brazil Brazil Ecuador

Young associates that stand out

In this edition we invited two young associates who have been standing out for their active participation in our association and their collaboration in the tasks that have been entrusted to them. We approached them to ask them to tell us how they got started in ASIPI and what they have found within the association. We are sure that your responses will continue to inspire more young people to join the ASIPI family.

Maria Camila Flórez

Initially I joined ASIPI under very special circumstances. By chance I was working with some members and the possibility of collaborating more closely with an organization of this nature caught my attention, where you not only work, but also get a second family and friendships that last over time.

ASIPI has been, until now, an Association of opportunities, where hard, constant, and dedicated work is valued. It is an Association whose value lies in its members, and the willingness of these people to contribute and see the practice of Intellectual Property and related matters grow.

I feel lucky to be able to work with associates from different countries, with years of experience, where I feel that I can help from my perspective, knowledge, and experience, while learning from other worldviews and formations. From the Pro-Bono Commission, the Institutional Strengthening Commission and the Sports Law Committee, I have been able to see how interdisciplinary and intergenerational collaboration manifest itself in fascinating results. I only hope to continue being part of the Association’s history and see its strengthening in the coming years.

… I have always understood how Intellectual Property contributes to improving the quality of life of human beings…

Blanca Mejía

Blanca Mejía

I came to ASIPI in 2018 during its XX International Congress in the vibrant city of Rio de Janeiro. I was 26 years old at that time and had already had the opportunity to participate in other intellectual property conferences, but nothing could have prepared me for the very different vibe of ASIPI. I was a little anxious to be part of this “Club de Amigos”.

I quickly realized that the very warm environment with which I was welcomed is conducive to cultivating a career within the association.

I was lucky to start in the association when the first woman president of ASIPI, Maria del Pilar Troncoso, left her position, taking over from another woman, Elisabeth Siemsen. As a woman, I admire and respect them both. Her passion for IP, her vision for the association and her charisma have stayed with me. I have always understood how Intellectual Property contributes to improving the quality of life of human beings. Pilar and Elisabeth reinforced what they believed through their speeches and in their way of conducting during their presidencies.

I have the spirit of serving others. ASIPI is a space to make contacts that enhance our professional growth, but ASIPI is above all a non-profit association, which exists with the objective of contributing to the development of our countries through intellectual property. I do believe that we are changing the world with IP. I believe in the impact that the proactivity of the ASIPI programs has. As young people of this association, I dare to say that we recognize the joy of exercising this profession and contributing with our gifts to our prosperity. As young people, I believe that we have the energy, and hence the responsibility, to see in the association not only the opportunity to grow as individuals, but also to serve humanity.

On the radar

Obituaries

It was with great sadness that we received the news of the sensitive death of Dr. César Guerrero Villagómez, founding partner of the Julio C. Guerrero B. law firm in Ecuador and of our Association.

The personal and professional career of Dr. Guerrero has always been marked by the highest standards of honor and rectitude. We will always be very grateful to him for having participated in the formation of ASIPI.

We extend our most sincere condolences to his family and friends; His legacy will always remain with us.

New offices

Peru: Rodrigo, Elías & Medrano Abogados renews itself by opening offices in the heart of the financial center of Lima. The Firm’s new address is Av. Pardo y Aliaga 652, 8th floor, San Isidro, Lima 15073, Peru. Congratulations!

New Practice Areas

Honduras: Mejía y Asociados Law Firm opens a new practice area: Tax Law. Congratulations!

A la carte

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

Title Date Link Participants

Light, camera and streaming: How to negotiate my film in the digital field?

Combating counterfeiting and smuggling in the Caribbean: collaboration among authorities, brand owners and legal experts

Generic labeling, nutritional warnings, and the risks of acquired IP Rights

Best practices for responsible AI

WTO waiver to patent compulsory licenses due to the pandemic

Design as a strategic factor in business

The Implementation of the Nagoya Protocol and its Influence on the patent process

sep – 8 sep – 9 sep – 15 sep – 20 sep – 29 oct – 6 oct – 13

https://us02web.zoom.us/rec/share/MhujD1L4KX9RK59r5L8-K7hmf820K_dPHAaRwdMsY-esNsRpMqf1AuGuyI6EhEsa.LjZUr1OhiYh5abhE

Código de acceso: rl8Y71!@

Mabel Klimt, Gustavo Fischer, Laura Valverde (M)

María Laura Baquero, Kalista Powell, Victor Guerra, Cynthia Merchant, Mickhail Jackson. Claudette Vernot

“https://us02web.zoom.us/rec/share/NV1J5c1gUCW2OXpPs3GUFiziEdKLVHIOXSd0xLSjgKnESNDqwq94MA_UuoL-yiYh.o3txi5kkmFJCzlX9

Código de acceso: QeGBh@5#”

“https://us02web.zoom.us/rec/share/cD4sPFQXhoY3jAqa2I7CuNBtmP46GicYtQdJDFEUnx5mQLgAyqP_kbJB50GY1BBe.IPnGTHUiRcrpsgmK

Código de acceso: bv$p2n3R”

“https://us02web.zoom.us/rec/share/-9LBTIvVBiRvgSYY-tnfVNgcKtzbvTP_7uamd0AKnzuBIBucMenc0JxsHxBEHurh.VioR-N2LKaxi0vYC

Código de acceso: 8.V4g5Ep”

https://us02web.zoom.us/rec/share/cYvBPziG5uG7JhZETXnZk3xbR-YeQWU_eCcyvYpTjdZMOvqBhdfCqdc5hp_RvmI.LEAwg7N8dZaQ7lY1

“https://us02web.zoom.us/rec/share/S5c-B-9oelaCEbwQg_xxr9gFV-eE6eXG-ekIbMN_xiifXyNOatwB9gE4nCRro6Vt.BTVyzyetI6Ymwpcl

Código de acceso: a6u&K%3I”

Natalia Castro, Julio César Prieto, Ariela Agosín, Monique Ferrer (M)

Juan Manuel Belloto, Armando Martínex, Pablo Fernandez, Alberto Pinedo, Luis Baz

Lisando Herrera, Juan Luis Serrano, Sharon Reiche, Juan Pablo Malfavon, Arturo Ishback González (M)

Nieves Contreras, Eva Toledo (M)

Noelia Vallejo, Gabriel González, Fernando Nogales, Stephany Soto (M)

Title

Diversity and Inclusion in companies

oct – 20

Webinars

“https://us02web.zoom.us/rec/share/0lafRlblWeEeXXcQHn_5M-IuCOOcZxzbdDOGQhJngcAJa-zIcvw91-TxiN8P_hQH.wvcOX1694UQLO3uG

Código de acceso: YiV@jT@5”

Bioethical aspects of transgenic crops

Shape protection: design vs. 3D trademarks

Who is responsible for content on the Internet that infringes copyright and related rights?

Current Liability of Internet Service Providers (ISPs)

Public-private collaboration in the fight against online intellectual property infringement

“Legal Innovation & Legal Marketing Trends in the intellectual property industry”

Face to Face with Pili and Elisabeth, Parte II

Unfair competition in the fashion industry

The Lisbon Agreement and the Geneva Act in Peru

Participants

Andrea Machuca, Karen Vianey González, Roberto Chena, Fernando Ponce (M)

oct – 27 nov – 10 nov – 17 nov – 24

“https://us02web.zoom.us/rec/share/VXfSvmFgHO4wX36n7B4prT82REXXdH33-V0L24cCQAoZuFLuxwif1uUy2h0RCRMU.0EWeUpOX3CQ3NYBY

Código de acceso: ?Psdb8V%”

Alejandro Monteagudo, José Manuel Magaña (M)

nov – 3

“https://us02web.zoom.us/rec/share/9awA9VQVUl6uALBCO7Kt46XzXt6I6YiCbthnNfmIvtyPnVHgDiPpMKOA6utRCzWX.1IrwxYotnQLEp-14?startTime=1668092344000

Código de acceso: &JwfU48u”

“https://us02web.zoom.us/rec/share/B0pV4aAWn8zDRhYEHkqWmHuS2MRfD7nRGCTRNR6xA_WUHzG7YT_JVJh5SD9QbYhq.7PRGvTcpmoNAH3ef

Código de acceso: MFk9+%t.”

https://us02web.zoom.us/rec/share/8M9c1KMvSt93-4v2Uo5mUO0fEaZiwEnFmI_ojyCqFMegMUCVz-zL5fTEuxXpc5QD.UwlmH_S-BHZ94FkD

Podcast

September 19, 2022

https://www.youtube.com/watch?v=DHOx5p2z8Bg

October 11, 2022 November 18, 2022

https://www.youtube.com/watch?mc_cid=87e7db7276&mc_eid=ef7496e121&v=MSYGCWppKQo&feature=youtu.be

https://www.youtube.com/watch?utm_source=ASIPI+Mailing+List&utm_campaign=6d7cc2fe64-EMAIL_CAMPAIGN_2022_11_19_01_22&utm_medium=email&utm_term=0_-6d7cc2fe64-%5BLIST_EMAIL_ID%5D&mc_cid=6d7cc2fe64&mc_eid=ef7496e121&v=RXuC1c8O4TY&feature=youtu.be

Alberto Miranda, Sergio Barragan, Iván Sempere (M)

Felipe Senna, Jean Carlo Costa, José Antonio Sanmartin, Maïlys Sahagun, José Roberto Herrera (M)

Horacio Azzolin, Alasair Gray, Wagner Carrasco, Natalia Diuana, Josefina Borghi (M), Federico Deya (M), Guadalupe García (M), Ana Carolina Pastore (M)

Andrés Vanegas, Ana López de Castro, Wilfredo Murillo (M)

Participants

Elisabeth Siemsen, María del Pilar Troncoso, Martín Pittaluga (M), Margarita Romero (M)

Pamela Echeverria, Daniela Moreira (M) Mónica Germany, Edwin Urquidi (M)

Roundtables

Title Date Country Link Participants

Recent preliminary rulings of the Court involving intellectual property issues with TJCA President, Dr. Hugo Gómez aug – 24 Ecuador

eSports and Video Games: areas of protection in collaboration with INDAUTOR sep – 06 Mexico

“https://us02web.zoom.us/rec/share/TGMgF9fblO0Y6WvP9OAYlTIPG89jJcPEDQh0JNtvre39RBeo1aL2gup50Qpw-eFZ.

UBBR3BzDbpoXSrC0

Passcode: pK=C+1N*”

Challenges in patentability regarding access to biological and genetic resources sep – 27 Costa Rica

Current state of intellectual property protection in Ecuador with the assistance of USPTO representative Silvia Solis sep – 28 Ecuador

A aplicabilidade das pesquisas de mercado nos processos de registro de marcas sep – 29 Brazil

Argentina: Influencers and Intellectual Property oct – 18 Argentina

Auditability in Blockchain oct – 26 United States

“https://us02web.zoom.us/rec/share/FwrJlyvKAFlDm-XTk6ph8FJ94r62CFRDWjksA0qNCms9C3GO7dJbBPSK1i5kVQ2M.h0CXgz7Liwqv1sY_

Passcode: $mab0#Rf”

Marco Antonio Morales, Michael Lewis, Fabrizio Módica, Marcelo García Sellart, José Roberto Herrera, Eryck Castillo (M), Armando Arenas (M)

María del Carmen Arana, Silvia Salazar, Simón Valverde (M)

The Madrid Agreement on International Trademark Registration. Experience in countries that have already endorsed oct – 26 Paraguay

Technology for non-technologists. The Law’s perspective of the Metaverse nov – 23 Venezuela

“https://us02web.zoom.us/rec/share/L-YDLrjcRXweo0j9djjdWLHretqq1_oUJA92ZmP11z4zdhfO1-DNfwkVW7bsPaUv.4gkn0Y2DzBlPXqKR

Passcode: rSPm7?+b”

“https://us02web.zoom.us/rec/share/FOthgKYGmCUi7c3EAq0zLUqqE3syeZEFRrNCUbBVJqSc6kFqlidT3RxQ-eC6uy3w.5AJmCqCqnbtaV5HI

Passcode: &qW2Y#&w“

“https://us02web.zoom.us/rec/share/jpcgWVWEp6tG1R76nwDd9iKawt-uzNcZ1FV5vuzuUew8vWQPyM_an_h7vIDmZ-E-.Ep7nrIgPwgMy7pdC

Passcode: 3nzR!6&G”

“https://us02web.zoom.us/rec/share/ZoUcMOaiUjjon04hScqTbtISs6mTmn59O9UuQoWTXevM7Eg-2nWBJ1vKGrtqaRbm. UHqGK8JyF26mpqAp

Passcode: Mhv$FR64“

María Beatriz Dellore, Priscila Ballousier de Castro, Gustavo Cesário, Fabio Souza, Andréa Possinhas (M), Joana Siqueira (M)

Sebastián Andrés Capucci, María Soledad Alvarez (M)

Diego

Remember that webinars, podcasts and round tables are available in our virtual library hosted on our association’s website. All this content is just a click away. A la carte!

121

Balbi, Ana Julia Gavilán, María Mercedes Etchegoyen (M)

Enrique Díaz, Jorge Chávarro, Paulo Parente, Hugo Mersán (M)

Due diligence:

It is the diligence that is reasonably expected from a person, who seeks to satisfy a legal requirement or comply with an obligation.

Canvas:

It is a very visual model with which we can order our ideas when defining what our business model will be.

Data Mining or Mining:

It is the process of finding patterns, correlations, and anomalies in large data sets to predict outcomes.

Evergreening:

Is the commercial strategy to extend the duration of the effective protection derived or derivable from a portfolio of IPRs in order to increase the appropriability of an innovation or a set of innovations or technologies related to the business.

CORNER OF HUMOR OR REFLECTION

That morning, the father surprised his son with virtual reality glasses, asked him to try them out and when the boy had them on, he said: ... my son, everything you see with these glasses will be yours one day...

S A V E T H E D A T E