Mundo ASIPI 4 / English

Number 4 / January 2024 English version

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© Of this edition Inter-American Association of Intellectual Property (ASIPI), Panama 2023 www.asipi.org Luis Henriquez President ASIPI Juli Gutiérrez Zanelli Director Natalia Tobón y Marcela Montañés Editors Saúl Alvarez Lara Design

Cover Alebrije An alebrije is a Mexican folk art figure characterized by vibrant colors and intricate designs, typically carved from copal wood. It often depicts imaginative creatures, a blend of real and fictional animals. Alebrijes hold cultural, economic, and tourist significance, representing Mexico’s rich artisanal tradition. They contribute to employment in many artisan communities and attract tourists seeking to acquire these sculptures as unique souvenirs and works of art.

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.

CONTENT

Editorial

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RES JUDICATA

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forefront

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LIBRARY

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DiAlogUES

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so it was in mexico

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Luis Henriquez

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SPACE RESERVED

108

Juan Vanrell

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Young World

115

Ramón R. Benedetti

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María José Lamus

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UPCOMING events

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A la cartE

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Corner of humor or reflection

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Between lines

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OUR programs

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ASIPI Academia

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Did you know

123

ASIPI Pro Bono

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SAVE THE DATE. la antigua, guatemala

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Editorial

Luis Henriquez President ASIPI 2023 - 2025

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Dear readers: We are pleased to welcome you to the fourth issue of our Mundo ASIPI magazine, a publication that embodies the ongoing commitment of the Inter-American Association of Intellectual Property (ASIPI) to excellence and innovation in the field of intellectual property.

This issue marks the beginning of a new era for our magazine as we have decided to take a significant turn in our publication. We are moving away from a focus on daily news to delve into substantive issues that are fundamental to the world of intellectual property. This change will allow us to explore key areas, share specialized knowledge, and provide a deeper analysis of the challenges and opportunities facing our community.

We are also pleased to announce the reactivation of “ASIPI News,” a resource dedicated to keeping you informed about daily events in each of our committees, commissions, programs, and overall activities of our association. This initiative aims to offer a more detailed insight into the activities and deliberations of our experts, providing you with a closer perspective on our daily work.

We want to thank you for your continuous support and participation in our community. We hope you enjoy this new edition of the ASIPI magazine and find inspiration in the ideas and perspectives we share here. We are excited about the journey ahead and look forward to continuing to be your reliable source of information and knowledge in the field of intellectual property.

… we have decided to take a significant turn in our publication. We are moving away from a focus on daily news to delve into substantive issues that are fundamental to the world of intellectual property…

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forefront

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CO-CREATING THE FUTURE: THE IMPORTANCE OF PUBLIC-PRIVATE PARTNERSHIPS

Natalia Tobón Colombia

In an increasingly interconnected world, collaboration between the public and private sectors has become a fundamental pillar for driving progress and innovation in various areas. Singapore is a clear example of a nation that has achieved development through a strategic alliance between the government, academic institutions, and private companies to promote research and technological development. With initiatives such as the “Innovation & Enterprise (I&E) Committee,” the existence of cutting-edge technology parks like “One-North” and the “Jurong Innovation District,” and the “Singapore University of Technology and Design (SUTD),” this small country has facilitated the creation of innovative ecosystems that have made it the most competitive country in the world, surpassing even the United States1.

1. https://www.bbc.com/mundo/noticias-50022058

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forefront

… collaboration between the public and private sectors has become a fundamental pillar for driving progress and innovation…

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In Argentina, initiatives include the Technological Pole of Buenos Aires, the Technological Pole of Rosario, the Miguelete Technological Park (PTM), and the Tandil Technological Area, among others.

These are just a few examples of projects in Latin America that promote collaboration between the public and private sectors to foster innovation and technological development, contributing to the economic growth and competitiveness of the region on a global scale... and all are related to intellectual property (IP).

That’s why, for the period 2023-2025, ASIPI has set out to promote public-private partnerships between ASIPI and all government agencies related to our area of practice. The goal is to change the perception of being merely users to becoming strategic partners with these entities, aiming to drive policies that benefit society as a whole through innovation, creativity, and the protection of intellectual property.

Specifically, ASIPI wants to act as an effective bridge between IP agents and authorities, facilitating two-way communication. This involves sharing the concerns and needs of IP agents with the authorities and, in turn, having them communicate to us the policies and regulatory changes driven by governments. Furthermore, leveraging our expertise, we can collaborate with the authorities by organizing joint training programs where legal, technical, and ethical issues related to IP are addressed, ultimately enhancing the quality of services offered to the community.

Public-private partnerships operate based on certain methodologies. In Chile, for example, the Government Laboratory for designing innovative solutions to public challenges2 is working on a process called the “Double Diamond,” which was also adopted by Colombia in the Open State Action Plan3. This methodology aims to address problems in two fundamental stages:

If, half a century ago, Singapore was a less developed island with few natural resources, only strategically located, and managed to achieve its current development through collaboration between national and foreign private companies with the government over a few decades, why can’t Latin America do the same?

That’s the question at hand. This region has embraced this recipe, and currently, it can showcase numerous partnerships between the public and private sectors that have driven economic development, innovation, and quality of life in the region. Let’s take a look: In Chile, Start-Up is a public-private initiative that attracts entrepreneurs from around the world by providing them with financing, mentorship, and resources to establish themselves in the country.

Additionally, there is CORFO (Corporación de Fomento de la Producción), which promotes innovation and entrepreneurship.

In Brazil, Technological Parks are popular. They have “Porto Digital” in Recife, the “Campus Tecnológico e Industrial” in São Paulo, and the Technological Park of São José dos Campos, an innovation center that focuses on areas such as aerospace, defense, and information technologies.

In Colombia, there is Ruta N in Medellín and the Technological and Business Entrepreneurship Park (PETE) in Bogotá, which provides support to emerging technology companies and promotes technology transfer.

In Mexico, we find the Technological Innovation Park of Querétaro (PTiQ), which focuses on sectors such as aerospace, automotive, and information technologies. The Metropolitan Zone of Guadalajara has turned the city into a significant hub for technology companies and startups. The Innovation, Development, and Learning District (DIDAL) in Mexico City and the Monterrey Technological Park are also notable.

In Uruguay, there is the National Agency for Research and Innovation (ANII); the Technological Park and Laboratory of LATU (Technological Pole of Montevideo), and the Innovation and Development Space of the University of the Republic (UDELAR).

• First diamond, which aims to define the correct problem.

• Second diamond, which aims to generate a potential area of solution to the problem. This should come from an ideation process, followed by prototyping and validation.

2. Laboratorio de Gobierno de Chile (2017). “¿Cómo podemos resolver problemas públicos a través de 1 Proyectos de Innovación?” retrieved from: https://www.lab.gob.cl/uploads/filer_public/ff/37/ ff37c584dcd1-4930-b2c0-2f5337924d0f/vf2-20180516-toolkit_proyectos.pdf 3. Metodología co-creación IV Plan Estado Abierto – Colombia retrieved from: https://agacolombia.org/documents/metodologia-aga.pdf

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Explore and understand the users and its context

Analyze and synthesize

Area of the problem

Area of the solution

Finding the correct problem

Finding the correct solution

DISCOVER

Challenge trigger

Prototype and evaluate

Devise concepts

DEFINE

Lots of research of users and concepts

DEVELOP

Definition of the problem

DELIVER

Many possible ideas

As observed, the first part of the process is the identification of the problem because without a proper identification of the issues, the generation of solid and real commitments can be compromised. That’s why ASIPI has started by organizing special working groups dedicated to finding the correct problem in the following areas:

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Specific set of tested prototypes

• Geographical indications and designations of origin • Patents • Piracy • Guaranteed traditional expressions (GTE) • Cannabis industry

… the term “co-create” refers to the process of active and creative collaboration among different individuals, groups, or entities, where everyone contributes their ideas, knowledge, and skills collectively to generate solutions, products, or services that they could not have achieved on their own…

• Brand restriction • Protection of cultural expressions, traditional knowledge, and genetic resources • Artificial intelligence Once this stage is completed, these groups will move on to gather, analyze, generate, and disseminate their own verified and unified information on each of the issues and possible solutions.

From this moment onward, we invite you to actively and constructively participate and collaborate with ASIPI and the authorities in each of your countries on this project. Let’s remember that the term “co-create” refers to the process of active and creative collaboration among different individuals, groups, or entities, where everyone contributes their ideas, knowledge, and skills collectively to generate solutions, products, or services that they could not have achieved on their own.

As Martha Corrales, a researcher and professor of Business Innovation and Entrepreneurship at EGADE Business School in Mexico, puts it: “The best way to anticipate the future is to create it, and even better, to co-create it”4.

4. https://egade.tec.mx/es/egade-ideas/opinion/cocreacion-como-estrategia-de-innovacion-abierta-y-colaborativa

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DIalogue

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LUIS HENRIQUEZ President ASIPI 2023 / 2025

Few individuals have built a career within ASIPI quite like Luis. He has served as an Associate, Secretary, and President of Working Committees, as well as Alternate and Principal Delegate for Venezuela. Since 2012, he has been a part of the Executive Committee, holding the position of Secretary for two terms. Since 2021, he has held the role of Vice President 1 and currently serves as our President. His vision encompasses ambitious plans to enhance the association’s influence and relationships with governments, aiming to establish intellectual property as a recognized state policy. Known for his prudence and organizational skills, Luis has meticulously structured a project with measurable variables. Let’s delve into the details of his plans to offer our support, as his objectives are beneficial to us all.

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… we need to achieve a higher level of influence and relationships with governments to ensure that IP is considered a state policy… with governments to ensure that IP is considered a state policy.

Therefore, achieving greater positioning of ASIPI in the region will be the main objective of this administration.

1. Who is Luis Henríquez, and how did he come to ASIPI? I am a Venezuelan lawyer, married, with three children. I have been balancing my work at ASIPI with my role at the law firm where I practice for many years. However, if you ask my children, they believe I only work for ASIPI. Let me share an anecdote. A few years ago, one of my sons was asked at school about what his dad does, and he replied, “Secretary of ASIPI.” Maybe this is explained because he has seen me working many hours for ASIPI, he has seen photos, videos, the backpacks and all kinds of pop material, in addition to hearing me talk about ASIPI on many occasions.

As for how I came to ASIPI, I first participated in an ASIPI event in 1996 during the Congress held on Margarita Island, Venezuela. At that time, I was still in law school. Since then, I have consistently participated in the association’s events and activities. I have progressed through various roles: Member, Secretary, and President of working committees, Alternate and Titular Delegate for Venezuela. Since 2012, I have been part of the Executive Committee, serving as Secretary for two terms. Since 2021, I have been Vice President 1, and now I will serve as President.

3. What will be your work plan during your presidency?

In Mexico, upon being elected president, I presented the members with a Government Plan that I committed to fulfill. Here are some of its main points: • Positioning of ASIPI in each country in the region: We will address a series of strategies with the fundamental objectives of strengthening our presence in each country in the region, promoting public-private collaboration through support networks with related institutions and the active participation of our members in relevant events and activities. In this regard, we will focus on generating content on relevant topics in the field and the interests of the authorities, as well as on disseminating our initiatives, positions, and achievements through various activities and communication channels to consolidate our image as the reference organization in intellectual property matters in the region.

• Strengthening ASIPI Programs: During this period, we commit to continue promoting initiatives that foster academic and professional development in the field of intellectual property. Likewise, we will seek to improve and update those programs that have already proven effective, adapting them to the changing needs of our members and the community at large.

2. How do you view ASIPI, and what do we still need to accomplish?

ASIPI is a recognized international organization and a leader in the region. It maintains good relationships with sister organizations and certain public entities, especially Intellectual Property offices in the Americas. ASIPI has significantly improved its internal organization (institutionalization). Our academic offerings have expanded substantially, and the opportunities for our members to participate in various activities have increased. Notably, our slogan is “ASIPI: the voice of intellectual property.” However, we need to achieve a higher level of influence and relationships

• Institutional Strengthening of ASIPI: We will work to strengthen ASIPI institutionally with a view to achieving a solid, transparent, and efficient organization that allows us to accomplish our goals.

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4. Sounds good, but specifically, what actions do you plan to take to increase ASIPI’s positioning in each country in the region?

• ASIPI Educa: We intend to modernize its content and the way it reaches young people. Work on a proposal to deliver to the Ministries of Education in the countries of the region. The idea is to consider IP in curricula or school programs, either as an independent subject or as a topic to be taught at some point during the school year.

We will work on several fronts: • Content Generation: We are forming working groups to research the following topics: “Impact of geographical indications and designations of origin on the social and economic development of countries,” “Importance and utility of the patent system for the economic, social, and environmental development of countries in the region,” “Impact of piracy, counterfeiting, and product adulteration on the economy of LATAM,” Guaranteed Traditional Expressions (ETG), Brand Restriction, and the Cannabis Industry.

• Mentorship Program: The idea is to give space to young people (under 35) for discussion. We want young people to develop in ASIPI, understand ASIPI, and build a career in ASIPI. We want to get to know them more, understand what they want, train them, and provide tools for their professional development.

• ASIPI Verde Program: In these two years, through ASIPI Futuro, we want to lay the groundwork for its independence and take on the Green Innovation or Patent Contest and other functions related to promoting IP in sustainable, social, etc., issues.

• Regionally, we will intensify relationships with authorities, chambers of commerce, universities, and innovation centers. Our effort will be directed at expanding relationships with government authorities beyond IP authorities. The idea is to extend relationships to other state entities such as Customs, Prosecutor’s Office, Judiciary, Ministry of Commerce, Congresses, among others; with the private sector through Chambers of Commerce; with the academic sector through universities; and with the scientific sector through innovation and development centers. To achieve this, we will ask National Delegates to make the necessary efforts to introduce ASIPI to these sectors. We will also organize independent visits to some countries with work agendas.

• ASIPI Pro Bono Program: Increase assistance, enhance our relationships, and improve the program’s dissemination + results.

• ASIPI Emprende Program: Complete the work on the ABC of IP and establish a closer relationship with entrepreneurial centers or associations in LATAM. Identify and highlight the major undertakings in LATAM; we must tell and highlight those stories.

• ASIPI Academy: Continue to increase and improve the academic offering, seek alliances with other institutions and universities. Prepare a course for Judges and Prosecutors.

• Internationally, we will continue to work on relationships with sister associations (INTA, FICPI, AIPPI, ECTA, AIPLA, ITECHLAW, APAA, GLIPA), multilateral organizations (WIPO, EUIPO, EPO, IDB, IP KEY, Andean Tribunal), and international universities such as Franklin Pierce and the University of Alicante.

• ASIPI FIT Program: The idea is to maintain the program but make certain reforms to adapt it to current times (remember that the program was born during the pandemic).

• ASIPI Clubs: “Wines and Gastronomy,” “Series and Movies,” and “Reading” will be maintained.

5. What actions do you have planned to carry out the pillar related to strengthening ASIPI’s programs?

• Creation of the ASIPI Youth Group: The idea is to give a space for participation to the younger members; we want to

We will focus on the following programs:

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hear their opinions, receive proposals, and train them to be future leaders of the association. It will be fun to learn from them.

and, in general, making every effort necessary to invest ASIPI’s funds in things that add value to the association and its members.

The 2023-2025 Government Plan of the Inter-American Association of Intellectual Property that I just mentioned stands as a strategic guide to achieving a clear result: That intellectual property is considered by governments as an indispensable state policy to leverage economic and social development, creativity flourishes, research and development are incentivized, and intellectual property is protected.

With the support and active participation of all our members, allies, and collaborators, we are confident that we will achieve our goals and continue to be the undisputed reference in IP.

6. What actions do you have planned to achieve institutional strengthening?

There are several. We are talking about reviewing internal processes, developing operation manuals, event guidelines, improving our work on social media and marketing, reviewing assignments (staff) and equipment for fulfilling functions, improving and modernizing how we communicate with the membership to reduce the number of emails, modernizing our website and library, creating a commission for academic programs for events,

Leader in Intellectual Property!

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DIaLOGue

JUAN VANRELL Vanrell Propiedad Intelectual Abogados Latam / Uruguay

Juan Vanrell, a prominent former president of ASIPI, has played key roles in our association. He has served as Secretary, Treasurer, and President from 2012 to 2015. His extensive track record within the organization led to his appointment as Honorary President during the XXII Congress in Mexico. We spoke with him about aspects that few people are aware of (he is a philosopher) and others in which he is an expert (cinema).

1. You served as the President of ASIPI (2015-2018), Former President of the Latin American Anti-Counterfeiting Alliance (ALAF), and have been a member of the Board of Directors of INTA. How do you feel about having held those positions? If you were to give advice to someone looking to emulate your career, what would you say?

I’m not sure if it’s my place to give advice, but I believe I can offer suggestions based on my personal experience. The positions one achieves in their professional career are reached through context, circumstances, and, above all, hard work. All the roles you mentioned, along with others I’ve held in different associations, were part of a long journey that began at the ground level. Participating in all possible instances of work and collaboration is one of my suggestions.

It’s what can set us apart—we engage with a community of professionals from various fields, each with their own unique strengths. However, the only thing that can truly distinguish you is continuous work, participation, and collaboration with all colleagues. Being supportive, empathetic, and remembering that the only purpose of such positions is to leave a different mark on the paths we tread.

… to comprehend the world of Intellectual Property, it’s not enough to limit oneself to legal or scientific aspects alone. A multidisciplinary approach is necessary… place of security and comfort does not allow for growth. If I were 25 again, I wouldn’t know which professional career to choose, as the multidisciplinary world opening up to IP professionals is fascinating.

Advice: Participate, be smart, and especially know how to wait for the right moment without getting frustrated.

2. In Mexico 2023, you were recognized as the Honorary President of ASIPI. What does that mean, and what does an Honorary President do?

4. You were one of the first to suggest that ASIPI venture into creating videos, and you love movies and series. Why, and what are your all-time recommendations?

A great honor, undoubtedly. ASIPI has been a process that witnessed my growth in my career. I worked hand in hand with many people who helped me not only in professional matters but also in everyday life. We built friendships that have now lasted for 30 years. It is an honor to be recognized by colleagues, bringing me much happiness and reassurance that I did not do things so badly.

The changes in ASIPI during these recent presidencies are evident and are harvesting the fruits sown by previous Executive Committees, as happened during my presidency. I must emphasize that I am very grateful.

In terms of the formal aspects of the role, while there may not be specific assigned functions protocol-wise, what matters most to me is being a worthy representative of the association in all the places I go, continuing to open doors to the world, and especially to the entire IP community.

A fond memory is when we created ASIPI Educa, and the first videos for children and teenagers were produced by advertising professionals. It is a great pride to have been part of that creation.

Regarding movies and series, I am a bit of a fanatic. As you may have heard on the ASIPI podcast, my iPad for travel always includes many series and movies. Here are the top 5 series or movies for me, ones I would watch over and over: • “The Party,” an iconic film starring the English comedian Peter Sellers.

• James Bond series. I won’t list specific titles because almost all the films are excellent. In fact, I might be the last person who bought the complete collection on DVD for my 50th birthday. It’s a museum piece now, as I believe I no longer have a device to play them, but fortunately, they are available on one of the most famous streaming platforms.

3. Almost nobody knows that you have a Ph.D. in Philosophy.

How did you end up specializing in Intellectual Property?

• “Avengers: Endgame.” It concludes an impressive series of superhero movies, all intricately connected, a true gem for those who love this genre.

I have been working in Intellectual Property since the age of 19, starting as a cadet in a firm after completing university. After obtaining my degree, I decided to pursue a Ph.D. The majority of my coursework focused on Intellectual Property, administration, and philosophy. I always understood that to comprehend the world of Intellectual Property, it’s not enough to limit oneself to legal or scientific aspects alone. A multidisciplinary approach is necessary; otherwise, there will always be a missing leg of the chair. Staying in our

• “Billions,” a 7-season series related to financial themes, featuring an exceptional performance by Damien Lewis as the great Bobby Axelrod.

• “The Godfather” by Mario Puzo. In this case, it’s recommended to watch all three films.

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DIaLOGue

RAMÓN R. BENEDETTI Estudio Benedetti Panamá

Ramón Benedetti is one of the most loyal and disciplined associates of ASIPI. He has been attending our seminars and congresses for over 40 years. Notably, he spent some years in the military. At the XXII Congress in Mexico, he was appointed an Honorary Associate. In this conversation, we will explore his career and glean valuable lessons for our professional practice.

1. At the Mexico Congress, you were appointed as the new Honorary Associate of ASIPI. Tell us, when was your first ASIPI experience? How has your career within the association unfolded?

My first ASIPI experience was in 1979 in Bogotá, Colombia.

My journey with the Association has been very rewarding. I have formed lasting friendships, traveled extensively, and actively participated in numerous ASIPI activities.

In 1986, I presented a paper titled “Misappropriation of Trademarks” at the IX ASIPI Congress in Washington, United States. This work was also published in a special ASIPI book.

I served as the delegate from Panama to ASIPI from 1982 to 1989 and as the first vocal in the 1989-1991 period under the presidency of Dr. José Barreda Zegarra from Peru.

In 1999, I served as the President of the Organizing Committee for the VIII Working Meetings and Board of Directors of ASIPI, held in Panama City.

2. You studied at the New York Military Academy at a young age. Can you share your experience and how it has benefited you professionally?

My experience at the former New York Military Academy was fabulous. I spent three years at the Military Academy, which helped

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shape my early years in leadership and teamwork discipline. It was a period of significant learning for me, and I formed many friendships that I still cherish today.

please tell us how, and where do you think we are heading?

Certainly, the business of law firms has undergone changes, and intellectual property firms are no exception. The globalization of services that were once exclusive to lawyers has spurred the corporate transformation of the business. Nowadays, the representation services for intellectual property portfolios of large multinational companies are being led by corporations, not just law firms.

Consequently, we must adapt professionally to tailor services to the unique needs of each client.

Simultaneously, some of the most significant economies in the region, such as Mexico, Brazil, Colombia, and more recently Chile, have joined the Madrid Protocol for the international registration of trademarks. This has resulted in a significant transformation for local firms, with many acknowledging negative impacts on business and necessitating an evolution of our practices as intellectual property agents.

In addition to these changes, we are at a turning point with the advent of Artificial Intelligence. Those who remain indifferent to this tool may face displacement.

I believe that, as law firms, we must stay at the forefront in our procedures and services, also adopting the models of these major intellectual property service providers to meet market demands. It will be a challenge for new generations of lawyers, but I trust that this profession is indispensable for the protection and representation of intellectual rights, benefiting global commerce.

3. How has your experience been in leading your own law firm, and what challenges do you see in the future?

My experience has been magnificent. From my beginnings at the firm De La Guardia, Arosemena & Benedetti, alongside my father, Dr. Eloy Benedetti, I started by leading the Intellectual Property Department. At that time, it was just my secretary and me, and over the years, we grew and established ourselves as specialists in Intellectual Property in Panama.

In 1991, we founded Benedetti & Benedetti, a Panamanian law firm internationally recognized, where I directed the Intellectual Property practice for twenty-five years. In 2017, along with Audrey Williams, Diana Leandro, and my son Ramón Benedetti Alemán, we initiated Estudio Benedetti, which is now recognized as a leading firm in this field by the most prestigious rankings.

The major challenge I see in the future is the potential lack of closeness that the digital world may create in the lawyer-client relationship. While the tools available in our digitized world have helped us grow as a business, we must remember that the most enduring alliances are formed between people.

4. Do you believe that the business of intellectual property law firms has changed? If your answer is positive,

… I spent three years at the Military Academy, which helped shape my early years in leadership and teamwork discipline…

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DIaLOGue

MARÍA JOSÉ LAMUS Robledo Abogados / Colombia In addition to being a distinguished professional who held the position of Delegate Superintendent for Industrial Property of the Superintendence of Industry and Commerce of Colombia, María José recognizes that ASIPI should strive for a higher level of influence and relationship with governments, allowing intellectual property to be considered as a state policy.

In this conversation, she shares some ideas on how to undertake this endeavor.

1. Few individuals can boast the experience you have in the public sector in the field of IP. Do you believe that an association like ASIPI can support the work of authorities in these matters? How? Are there any legal limitations?

Yes, I believe that an association of the size and coverage of ASIPI can support the work of industrial property authorities in several ways.

Firstly, as a source of information. ASIPI has a team of experts in industrial property who, through research in various committees, can provide updated information on international practices, trends, and technological developments in the field, fostering the exchange of knowledge among professionals, both in the public and private sectors.

ASIPI can contribute to the development and dissemination of academic research on topics of interest to the offices. This information can be valuable for authorities (judicial and administrative) who can use it in their practices and procedures.

From my experience as the director of the IP office in my country, I can say that having had open and constructive communication with associations and access to information and studies on best practices in other jurisdictions contributed to implementing improvements in the IP system in Colombia and regulatory developments.

Secondly, ASIPI can assist offices in their functions of promoting the IP system. This activity does not conflict with decision-mak21

… In this regard, one could consider a virtuous circle of cooperation as a strategic model of collaboration between IP offices, ASIPI, and universities with IP programs to develop specialized and innovative content…

• Promotion of Innovation: ASIPI can assist authorities in promoting innovation by organizing events and awareness campaigns to educate the public on the benefits of innovation and the importance of intellectual property (IP) in business models.

ing functions and can help improve coverage. This can be achieved through training courses and awareness campaigns to educate the public about the importance of industrial property, commercialization, and strategic use—elements of IP that go beyond registration.

This could be structured through partnership agreements between academies.

In this regard, one could consider a virtuous circle of cooperation as a strategic model of collaboration between IP offices, ASIPI, and universities with IP programs to develop specialized and innovative content.

Some concrete examples of how ASIPI could support the work of industrial property authorities:

• Regional Cooperation: ASIPI can help authorities cooperate with each other in the field of industrial property within organizations such as the Andean Community (CAN), the Pacific Alliance, Mercosur, among others. This could be achieved through the organization of forums and regional meetings, the development of manuals or basic guides on requirements in offices, and the analysis of cases that may arise in the regional context.

• Seminars for officials from the Industrial Property Office of a country to discuss the latest trends in trademark protection, including comparative jurisdictions.

• Relationship between IP and Consumer Rights: In this close relationship, strategies for raising awareness could be designed to protect the rights of consumers and users, as well as brand owners, in terms of product safety, piracy, or deceptive advertising.

• Developing programs or campaigns targeting specific audiences, such as youth, women entrepreneurs, beneficiaries of designations of origin, or new technologies.

• Expert Forum: Access to experts specialized in industrial property, selected by the offices, would be invaluable for the development and implementation of effective public policies.

Not all offices have the same level of development, and facilitating this forum to provide access to experts who can offer technical support is an activity of high impact.

Regarding legal limitations, it is essential to consider constraints that may arise in the context of this collaboration due to budgetary aspects or conflicts of interest. Public entities may be restricted from allocating resources to these programs.

2. In addition to collaborating on educational and awareness projects, in which area do you think an alliance with ASIPI would have the most impact?

• Collaboration in Joint Research: Collaboration in joint research and conducting market studies could provide critical data and analysis to inform decision-making and improve the effectiveness of government strategies in the field of industrial property.

In addition to collaborating on educational and awareness projects, I believe that an alliance with ASIPI could have a significant impact in the following areas: 22

for structuring robust and predictable protection and defense strategies.

In my personal case, having served as the Director of Trademarks, Patents, Consumer Protection, and Deputy Superintendent for Industrial Property gives me a holistic knowledge of Industrial Property. Interacting with directors of offices in Latin America, getting to know representatives of companies, and meeting system users provided me with a comprehensive view of the needs and challenges faced by users and intellectual property rights holders.

As a user, I deeply appreciate the importance of an effective and efficient industrial property system that promotes innovation and protects the rights of innovators and entrepreneurs. Understanding the needs and concerns of users drives me to support improvements and suggest small yet impactful ideas that benefit the entire system.

• Regulatory Developments: Based on surveys of system users, proposals for modifications to the Single Circular and other regulations complementing IP norms could be suggested.

3. To what extent does having been a public official help when you are on the other side of the spectrum? How does it feel to be a user of the system now?

I believe that having been a public official is immensely helpful when you are on the other side of the spectrum. Having a deep understanding of how the system works from the inside is very useful for comprehending processes and provides a perspective on the priorities and challenges of authorities, as well as the needs of users. This experience is crucial for understanding the reasons behind certain decisions made by authorities and

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THE PRICE OF PROGRESS? THE DATA BATTLE IN AMERICA

comprehend how their data is used, a fundamental element in a global context where AI plays an increasingly significant role.

However, striking a balance between protecting personal data and algorithmic transparency is no easy task. Demanding complete transparency in algorithms can have significant economic consequences. Companies, in their quest to meet these demands, may face increased costs and a slowdown in innovation.

This is particularly relevant in complex systems where detailing every algorithmic decision has significant economic implications.

Nevertheless, technological progress should never come at the expense of personal data protection. Transparency policies must be designed to encourage innovation without compromising individual privacy.

Transparency holds fundamental importance in critical areas such as personnel hiring and judicial administration, where algorithmic biases can have detrimental consequences. In this context, algorithmic transparency should be more than a mere explanation of how these models work; it should be a useful tool to ensure that personal data is handled securely.

To enhance transparency without sacrificing technical complexity, we propose adopting techniques like LIME (Local Interpretable Model-agnostic Explanations) and SHAP (SHapley Additive exPlanations). These methods provide an approximate yet understandable interpretation of algorithmic decisions, offering a balanced level of transparency. These techniques can be tailored to inform the process managed in the treatment of personal data.

In essence, the challenge for Inter-American countries is not to relinquish transparency but to find a balance between the explainability of algorithmic models, data protection, and technological advancement. It is crucial to lead our countries towards fair and transparent trade, respecting consumer rights while fostering an environment conducive to innovation and technological development. Prudence and flexibility in the application of transparency policies will be key to achieving a balance that benefits both Inter-American nations and the regional economy.

Ignacio Álamos Chile Data Protection Committee of ASIPI

Inter-American countries are grappling with a significant technological dilemma—how to advance technologically while ensuring algorithmic transparency and the protection of personal data. This predicament transcends mere technological progress; it’s a matter of individual rights and commercial expectations. As we propel towards a more digitized society, it becomes imperative to reconsider how transparency is practically implemented, especially concerning the handling of personal data in complex Artificial Intelligence (AI) models.

Transparency and the protection of personal data are two sides of the same coin. Transparency not only involves understanding how algorithms function but also how they process and safeguard individuals’ information. Adequate transparency enables users to

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Between lines champions, both Olympic and non-Olympic, in a single sport: long-distance athletics. InYourShoes ceased to be just a sneaker collection; it became the building of a global community that not only donated footwear but also motivational messages. In Iten, where a pair of sneakers could transform the life of a young athlete, Grimaldi’s vision came to life. The sneakers became symbols of opportunity and hope.

INYOURSHOES

New Horizons Over time, InYourShoes transcended Kenyan borders. Grimaldi, witnessing exponential growth, realized that the format could be applied to different sports and territories. The vision expanded to Morocco, Ethiopia, and Uganda, bringing the collection of sports equipment to communities excelling in various disciplines, with rich traditions but limited resources.

In fact, In Your Shoes has identified several countries that are world famous for one sport. Among them, Nepal for mountaineering in the Himalayas, Brazil for football in the favelas, Cuba for boxing and Fiji for rugby. The basic idea is the same, to bring second-hand sports equipment that can make a difference in developing contexts, which have economic difficulties in finding the necessary means to progress in their sporting careers, giving hope and an incentive to achieve success in sport and thus improve their life prospects.

Francesco Carrelli Palombi Italy Sports Law Committee of ASIPI

In 2017, Francisco Grimaldi conceived a project destined to become a beacon of hope for developing sports communities. Through the InYourShoes initiative, Grimaldi immerses us in a narrative full of purpose and transformation, spanning from the bustling streets of Kenya to the unexplored peaks of the Himalayas.

Building the Path Together The heart of InYourShoes is the strong collaboration with its sponsors, a partnership that goes beyond financial support. Lufthansa and KLM have played a fundamental role, facilitating the logistics and management of footwear shipments that, over the years, have reached thousands of pairs per shipment. In addition, other notable brands such as Nike, Brooks Running, and Diadora have contributed generously, joining the collective effort.

The intensive collaboration with Patagonia has added a deeper dimension to the project, as they share not only resources but also a common vision of creating a positive and sustainable impact on communities. The brand has proven to be not only a sponsor, but a fellow traveler committed to the mission and goals of InYourShoes.

The connection with Patagonia goes beyond donations; it is a collaboration reflecting mutual commitment to social and environmental responsibility. Together, they have woven a strong network that propels the vision of InYourShoes and contributes to changing lives worldwide. At each step, this alliance demonstrates that true transfor-

A Casual Beginning The genesis of InYourShoes took root in 2017 when Grimaldi, vacationing in Kenya, decided to organize a sneaker collection with his fellow marathon runners. His goal was to bring more than just shoes; he wanted to provide a personal connection with Kenyan athletes.

The first collection of 45 pairs, each labeled with the donor’s name and a personalized message, found its way to a school near Nairobi.

This simple yet impactful gesture marked the birth of InYourShoes.

From Nairobi to Iten: A Global Link The initial success led to the repetition of the initiative the following year, with 400 pairs of sneakers targeted for Iten, the birthplace of Kenyan marathon champions. Iten, located in the Rift Valley, is recognized as the place in the world with the highest concentration of 26

mation arises when organizations and brands unite with a common purpose.

siliano Rosolino to climber Camilla Moroni, boxers Alicia Napoleón and Edgar Santana, these celebrities have shown that sports can be a catalyst to overcome obstacles and achieve extraordinary goals.

In this year’s expedition, surf champion Roberto d’Amico, American rappers Masta Ace and Pharoahe Monch, and renowned chef Enrico Bartolini, the only one in the world to receive 4 Michelin stars simultaneously, joined the project. These personalities bring not only their fame but also a deeper connection to InYourShoes’ vision: the belief in the ability of sports to transform lives.

The diversity of these celebrities reflects the breadth of redemption and commitment stories that can arise through sports. Their participation highlights the universality of challenges and triumphs, inspiring athletes and donors alike.

These collaborations underscore the project’s ability to unite individuals from different backgrounds for a common purpose: to build a brighter future for communities worldwide.

Celebrities with a Purpose Every year, InYourShoes highlights testimonials from prominent figures, both athletes and personalities from various disciplines, who share impactful and motivating stories. From Olympic swimmer Mas-

Beyond Sneakers Beyond delivering sneakers to Kenya, InYourShoes has expanded its impact. In 2021, a scholarship project was launched for students in Iten, along with the sneaker recycling initiative. The “House of Women” in Iten provides 27

into the future, the essence of InYourShoes lies in creating a conscious community, demonstrating that small gestures can have a significant impact, changing destinies, and generating a brighter future for all.

The mission of InYourShoes goes beyond a simple act of charity; it Francisco Grimaldi represents the building of bridges between cultures, the promotion of education, and the creation of a lasting impact on the lives of those who need it most. Each donated sneaker is a brick in the construction of a more promising tomorrow.

Each shared story is a bond that connects people from around the world in a supportive fabric of hope and possibility. At each step of InYourShoes, we resonate with the fundamental belief that change, though driven by small actions, has the power to shape a better future for all.

support to women victims of violence, showing that the project goes beyond sports.

With success already achieved in the expedition to Nepal, where mountaineering equipment was delivered to Nepalese sherpas, InYourShoes continues to make a difference. This project not only seeks to help communities and athletes; it aims to change lives. As it moves

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fashion educational institutes, digital stylists, personal shoppers, decorators, and interior designers, among others.

It is important to note that when referring to “fashion,” it not only includes clothing but also other categories such as jewelry, footwear, cosmetics, perfumes, furniture, interior decoration elements, and accessories that complement the outfit, such as sunglasses, handbags, hats, belts, etc.

Fashion Law specialists provide services to:

FASHION LAW IN VOGUE

1. Entrepreneurs or business owners looking to start a venture in fashion, textiles, luxury, or retail.

2. Guidance in planning for the growth of fashion, textile, luxury, or retail businesses at both national and international levels.

3. Inviting international entrepreneurs or brand owners to invest in the fashion, textile, luxury, and retail industry in their respective countries.

Annalucía Fasson Llosa Peru Fashion Law Committee of ASIPI

It is important to point out that in Peru, on August 22, 2022, the Lima Bar Association, through Resolution No. 093-2022-CAL/DCC, recognized Fashion Law as a new specialization in law, leading to the creation of the First Fashion and Retail Law Study Commission. Similar commissions for Fashion Law exist in bar associations in different countries in the region, such as Brazil, Mexico, and Argentina.

It is worth noting that while initially this new specialization of law was fed from various areas of law, Fashion Law specialists now focus on distinct issue that differentiates it from other lawyers, providing legal advice on Sustainable Fashion, which further subdivides into four subcategories:

Fashion Law is a new specialization in law that involves providing comprehensive and highly specialized legal counsel to individuals and entities engaged in the textile, fashion, luxury, and retail sectors.

In this regard, it is noteworthy that, similar to legal specializations in specific sectors such as fishing, oil, electricity, mining, construction, among others, Fashion Law exists to advise and address legal issues unique to the fashion industry. This sector has distinct characteristics, for example, its close association with seasonality, since what is worn in winter differs from summer and vice versa. Additionally, it is governed by trends, such as the popularity of skinny pants this year and the next year, the palazzo.

Specialized lawyers in Fashion Law have a wide range of clients who belong to different subcategories, such as textile companies, shopping centers, retailers, luxury fashion brands, strip centers fashion designers, footwear and accessory, photographers, models, fashion influencers, fashion producers, fashion bloggers, franchisees and franchisors, manufacturers, influencer agencies, advertising agencies, modeling agencies,

a) Ethnic Fashion, which fights against cultural appropriation and promotes craftsmanship. It is worth mentioning that there are specific regulations that regulate the marketing and export of fibers such as alpaca, vicuña, cotton, among others. b) Technological Fashion or FashionTech, which uses technology through material innovation, such as piñatex leather.

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… when referring to “fashion,” it not only includes clothing but also other categories […] and accessories that complement the outfit…

the Law of Collective Benefit and Collective Interest or adhere to certifications such as System B, Bluesign, Fair Trade, etc.

c) Ecological Fashion which promotes circular economy through the rental or sale of second-hand products and implements eco-friendly policies to combat environmental pollution.

Likewise, legal advice can be provided on sizing, in jewelry law, in beauty law, or to collections launched for avatars in video games, web3, and the metaverse, as well as NFT projects, among others.

Finally, I encourage more lawyers to join this new specialization in law, which has undoubtedly come to stay. It can be a powerful tool for positively influencing the fashion, textile, luxury, and retail sectors, contributing to greater economic growth in their respective countries.

d) Ethical Fashion, which seeks to respect human, labor, and environmental rights, transforming societies into triple-impact entities, meaning that they are not only concerned with the profitability of the company, but also develop social, environmental, and corporate governance aspects, where they can adapt their statutes to

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sions, abuses, incapacities, and lack of preparation to run a business as demanding and committed as this one. In particular, the cases of master franchisees were pitiful and indeed brought the model to a crisis point in the mid-1990s, at least in the case of Mexico and some other countries of the region.

With 30 years of various experiences in this field, I wish to be able to share—with the certainty that chronic empiricism provides—what I have observed over this time as recurrent behaviors leading to conflict. These behaviors share, as a common denominator, the lack of culture around this type of business model. For many franchisors and franchisees, their ignorance of what a franchise is unavoidably leads them to failure.

FOR A TRUE FRANCHISE CULTURE

Some Background A quick review of some background on the subject in hand, within the Mexican territory, which, according to conversations I have had with Latin American colleagues, essentially coincides with experiences in other countries of the region. At least the first 4 years from the arrival of the franchise expansion model to our economy in the early nineties were marked by sensationalism and lofty expectations. Many individuals and companies were caught up in the excitement and invested all their resources in projects involving franchises, as well as many well-positioned Mexican companies which risked their good name in an unrestrained eagerness to franchise prematurely.

A series of failures of well-known brands showed that a franchise cannot exist without a well-positioned brand, a highly professional support system, and a deep effort in “tropicalization,” meaning, the adaptation process to the local market´s conditions. Courts began to hear the first cases of lawsuits for breached franchise contracts, and widespread dissatisfaction led to serious questioning of the foundations of such a system as well as the existing lenient legislation.

The second stage related to franchises in Mexico was marked by the mid-nineties’ economic crisis. Franchises that did not have the proper structure and resources to overcome the challenges

Mauricio Jalife Daher Mexico Franchise Committee

Since the massive arrival of international franchise models into Latin American countries in the nineties, the attention of the business sector and multiple consultants has been focused on understanding their possibilities, scope, structure, and nature. This prodigious mechanism to infinitely replicate a successful business model became the holy grail of retail trade in the minds, plans, and perspectives of many companies and new entrepreneurs in our countries.

From the early days of that decade, my contact with the field of franchises was based on clients’ requests to adapt foreign contracts to the requirements and practices of our country and occasionally to conduct negotiations to achieve a contract conclusion on both sides. The other constant experience has been related to people sitting in my boardroom bitterly complaining about omis-

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of a shrinking market eventually dissolved, and many franchisees succumbed, dragging their owners into facing the reality of financing granted based on the alleged viability of their seemingly promising business.

From the beginning of this century, the lack of mature legislation that could have prevented the costly experiments of non-professionalized companies in the field of franchises resulted in the necessity for the market itself to refine the system. Consequently, the franchise market was left to professionals with hegemonic positions. Since then, the franchise market in our country has begun to show a maturity that makes it a legitimate aspiration for investors eager to start a new business. The system began to operate on a basis of acceptable certainty, both for the franchise grantor and the investor. Those with the necessary infrastructure to operate a business as complex as a franchise and who truly have a successful and proven business formula.

Another factor to consider is the level of commitment that large franchise transnationals have recently decided to assume in their businesses in Mexico. By replacing their old disdain for the national market, which they used to set aside to the fate of a poorly trained master franchisee, with a renewed interest in seriously positioning themselves in consumer preferences. Franchise operators have now adapted to the conditions of such a particular market, as Mexico. Opting for a regionalized approach, which allows them to compete with offers that are increasingly within the reach of those who can ideally operate them.

In the past, the costs involved in the investment and installation of a franchise limited access to a fortunate few, resulting in a first problem which was the fact that the establishment was not being operated by the owner. Recently, major franchisors have found schemes that allow access to these types of establishments with lower investments, so a broader sector of the population can aspire to enter this business more safely and profitably.

During the risky explosion of franchises in the country, some banks made the mistake of granting hostile credits to franchisees, burdening the operation of businesses that were designed to generate profits for both the franchisor and the franchisee, but not to share profits with master franchisors and credit sellers. Under this mistaken intake, many franchises failed when facing the economic

crisis, casting doubt on the viability of a model that was consistently proving its merits worldwide.

Another significant aspect to acknowledge is that, under the franchise model, many local brands have managed to enhance their capabilities and presence in the market, multiplying their intellectual capital. As our entrepreneurs have adopted the franchise system as a formula for expansion, experience becomes a category of utmost importance for our economy. Therefore, having an appropriate franchise regime becomes a necessary topic for legislation that should stimulate the growth of this important commercial sector. It is precisely in this context that important additions to the Industrial Property Law regarding the franchise contract were published in 2006, with the fundamental purpose of protecting franchisees from abuses. Unfortunately, technical flaws in the initiative meant that the goal was not achieved in many cases.

Common Cultural Errors According to the aforementioned background, it is clear that the law lacks sufficient elements to provide certainty to the parties when entering into a franchise agreement. It is the parties themselves who must take care of their interests and ensure that they enter into a business that they are capable and willing to fulfill completely.

Most Common Franchisor Errors • Assuming that franchises can be granted as an additional service to the core business: except for those exceptional cases of business models that operate very formally through subsidiaries. A business deciding to enter into this expansion model is obliged to make operational, philosophical, and business responsibility changes that radically transform the original business. The sense of “who the customer is” changes, transforming from a final consumer or user to a franchisee who requires services, support, advice, marketing, and continuous backing. It is a different customer and a completely new product to market for the original company.

• Pretending to expand the business to a franchise without proper development: It is quite common among well-positioned com32

… With these examples, I only intend to demonstrate that the culture of franchises is an essential component in the success of this business expansion model. This translates into the parties having a full, responsible, and accurate understanding of the type of relationship they are entering into… panies in a certain market to arrive at erratic conclusions about the requirements to become or operate their businesses as a franchise. Multiple economic, technical, and human resources must be allocated for this purpose, considering that the time required to consolidate is long and demanding. Cases of companies with spectacular short-term growth are exceedingly rare.

the contract and the content of the operational manuals, which are often cumbersome and routine. Reporting, receiving supervision and instructions, and undergoing new training, among other obligations, are considered essential to comply with the contract. If there is no willingness to comply completely, it is better not to undertake a Franchise.

• Being naïve: Many franchisors imagine climbing positions of success simply because they have a good business concept until the market proves them wrong. Good concepts are quickly and efficiently imitated, competition grows rapidly, and franchisees are very demanding. Without an enormous drive and strong discipline, commitments made to operate the franchise eventually erode and lead the relationship to collapse, with serious legal and economic consequences. To franchise, one must have an enormous vocation, a lot of passion, and a true service orientation.

• Not accepting to follow guidelines: Surprisingly, many franchisees complain about being obliged to follow the necessary behaviors to replicate the formula that made the original business successful. This obligation may include specific suppliers and products, institutional advertising, processes, guidelines, and so on. If you do not like to follow instructions, it is better to start your project.

• Assuming that you can easily exit the franchise and go on your own: Legal criteria and judicial decisions increasingly recognize the value of non-compete clauses and the protection of confidential information, so terminating a franchise agreement prematurely can be a very painful process.

Most Common Franchisee Errors • Investing under the assumption that a franchise is a low-risk investment and operates automatically: Despite statistics favoring franchises in terms of survival rate, it does not mean they do not fail. They do, and quite often. Additionally, it is necessary to work on them as an owner, totally and dedicatedly, and without receiving a salary.

With these examples, I only intend to demonstrate that the culture of franchises is an essential component in the success of this business expansion model. This translates into the parties having a full, responsible, and accurate understanding of the type of relationship they are entering into. It can be a wonderful journey, but it can also be a tumultuous field of misunderstandings. The difference often lies in the fact that both the franchisor and franchisee are not fully aware of the implications. Unfortunately, unlike personal relationships, no trial period of free association allows for testing empathy with the counterpart.

• Entering into a Franchise Agreement without fully understanding its scope: Many franchisees think that their obligation is limited to paying royalties, which is a recurrent cultural mistake. It is necessary for the franchisee to fully understand the scope of 33

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must emphasize that this initiative is also a contribution to the care of the environment because we give a second use to this article thus avoiding textile pollution.

We delivered 40 backpacks to the Jacó School in Costa Rica, 60 to the SAGRADA FAMILA ALDEA PABLO VI educational institution in Medellín, Colombia and 80 backpacks were donated to the VIDA EN LIBERTAD Foundation in Quito, Ecuador. We thank ASIPI’s President Enrique Díaz and the members of the Board of Directors who personally participated in the delivery ceremonies at the end of the Congresses or Workshops, emotional moments in which we counted with the presence of representatives of the mentioned institutions and students who received the backpacks full of joy and satisfaction.

The collaboration of ASIPI’s members was also reflected in their participation in the walks/runs organized during our events, which allowed us to raise funds for the contributions that we will detail later and also to share in a healthy environment enjoying exclusive places to practice sports with a social purpose.

In Costa Rica we had the opportunity to acquire didactic material for the elementary school of Jacó, in Medellín we bought ten computers for the educational institution SAGRADA FAMILIA ALDEA PABLO VI and in Quito we contributed with three televisions and an IPad for the school run by the Caminitos de Luz Foundation in which the children of people deprived of their freedom are educated and who in turn receive assistance and support from the VIDA EN LIBERTAD FOUNDATION. This work will continue in Mexico and the contribution will be made to the PACO Foundation, which will also benefit from the donation of hydration drinks thanks to the kind donation by the company AJE Mexico, part of the AJE GROUP of Peru. AJE Colombia also delivered a significant amount of its products to Medellín. We are very grateful for the support of these companies to ASIPI’s social works.

ASIPI’S CONNECTION WITH SOCIETY

Andrea Possinhas Margarita Zambrano Brazil Ecuador Social Action Committee of ASIPI The human quality and commitment of ASIPI’s members has allowed the Social Action Committee to develop activities for the benefit of vulnerable sectors and people, which has generated great satisfaction. With great enthusiasm we meet in each Congress and Working Days not only to enrich our knowledge and strengthen personal and professional ties, but also to work together for the common good.

In this period 2021-2023 we started with the campaign “Mochilas Circulares - Una Mochila una Oportunidad” (Circular Backpacks - One Backpack, One Opportunity). The idea arose from the identification that one of the causes of school dropout is the lack of necessary materials for this purpose and the backpack is very important in student life. We

… With great enthusiasm we meet in each Congress and Working Days not only to enrich our knowledge and strengthen personal and professional ties, but also to work together for the common good…

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We would also like to comment that with great enthusiasm another initiative will materialize in the next Congress through which, in addition to raising funds, we will have the opportunity to discover the artistic talents of our colleagues and friends, since for the first time “ASIPIArte Manos Solidarias: Auction ASIPI Mexico 2023” will be presented. The artistic works can be paintings, sculptures, photographs or other forms of expression of the human intellect and attendees will have the opportunity to offer their contributions through the system in a silent auction for the donated works.

The amount raised from the auction will be donated in its entirety to an organization selected by ASIPI’s Social Action Committee that offers quality services to people in vulnerable situations.

This period ends with great satisfaction because we have had the opportunity to share with people living in different conditions and situations who have allowed us to visit them and have expressed their deep gratitude for the generosity of ASIPI members. We cannot forget the warm embrace, the genuine smile and the authentic words of the children and young people with whom we shared a day of their school life.

We would like to conclude by commenting that this Committee also carried out other activities such as ASIPI Recicla by placing specific points for the delivery of recycling material at the Congresses and Conferences. It organized Webinars and coordinated the panel “How brands contribute to making a better society” with the participation of representatives of the National Federation of Coffee Growers of Colombia and the Aje Group of Peru. The average consumer has values and principles that they want to see reflected in the products and services that they consume or acquire, as well as in their suppliers. The process of building and preserving the value of a brand must include the actions that will motivate a meaningful connection between the consumer and the brand. We learned how companies are changing the focus of their social responsibility actions to adopt social impact strategies that create a more integral bond with their consumers.

Last but not least, we continue with the Mentorship Program, which has been very successful and whose results and experiences will be the subject of another article in which it will be essential to tell what happens in Mexico with a record 160 registered mentors.

our

programs

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Fabrizio Modica Paraguay Secretary of ASIPIAcademia

ASIPIAcademia is a program of the Inter-American Association of Intellectual Property, through which courses are offered in various areas of intellectual property and related areas. It emerged during the COVID-19 pandemic to meet the need of our membership to access information and continue training in various intellectual property issues amid the “new normal.”

In response, the Executive Committee decided to implement new programs and products aligned with the association’s objectives, particularly related to the training and dissemination of intellectual property and the need to keep our membership informed.

Our objectives are to provide our members and the community in general with the opportunity to train and stay updated on various matters within the field of Intellectual Property, as well as other related areas of law.

Additionally, we aim to position ASIPI internationally as an institution that promotes and teaches Intellectual Property with the highest quality standards.

ASIPIAcademia operates under a Council, the collegiate body responsible for proposing, structuring, and executing the implementation of the courses for each academic period. The Council is elected every two years by the ASIPI Executive Committee and is composed by nine members, plus a representative from the Executive Committee who acts as the President of the Council. The President appoints the Secretary.

The ASIPIAcademia Council for 2021-2023 was composed of: Rafael Ortin (Venezuela), María del Pilar Troncoso (Dominican Republic), Ricardo Gordó (Argentina), Manuel Desantes (Spain), Gabriel Leonardos (Brazil), Eva Toledo (Spain), Alfredo Corral (Ecuador), Luis Díaz Canseco (Peru), Fabrizio Modica (Paraguay), and Luis Henriquez (Venezuela).

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For the 2023-2025 period, the new ASIPI Academia council members are:

Rafael Ortin Venezuela

María del Pilar Troncoso Dominican Republic

Luis Diez Canseco Peru

Mercedes Castells Uruguay

Gabriel Leonardos Brazil

Eva Toledo Spain

Ricardo Gordò Argentina

Carmen Robayo Ecuador

Fabrizio Modica Paraguay Secretary

Matías Noetinger Argentina President

Since its inception in 2020 up to the present date, a total of 18 courses have been offered and consolidated through active participation from both ASIPI members and non-members, as well as national intellectual property authorities who are offered a space to participate at no cost in courses in which they can contribute with their legal expertise.

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List of courses offered since the inception of the ASIPI Academia program: Course

Participants 2020

Creative Industries Patent Drafting Arbitration in IP

52 18 41 2021

Videogames Advanced Negotiation Mediation in IP

57 10 22 2022 – 1

Legal Aspects of Marketing Music Industry Advanced Negotiation Patent Drafting Valuation of Intangible Assets - Part 1

20 35 8 19 32 2022 – 2

Unfair Competition Case Law developments on Trademark Law Valuation of Intangible Assets – Part 2

33 51 21 2023 – 1

Fashion Law Audiovisual Industry

73 72 2023 – 2

Jurisprudential Patents Digital Marketing

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Among other activities carried out during the year 2023, in February, we held an online training course for the Judicial Studies School of Guatemala, with the participation of 170 judges. In June, the IberoAmerican Jurisprudential Forum on Intellectual Property was held prior to the ASIPI Quito Seminar, organized in collaboration with the Andean Community Court of Justice. During this forum, six judges presented the latest jurisprudential cases in the region related to trademarks, patents, and copyright.

CERLALC. This seminar specifically targeted national offices in the IberoAmerican region. For 2024, we already have three proposed courses and their contents are already being worked on: 1) Geographical Indications, Appellations of Origin, and other figures; 2) Jurisprudential Advances in Copyright; 3) Trademarks, Market, and Society.

The courses will be launched by the Association in February, and we expect the participation not only of professionals from the region but also from other regions, as simultaneous translation into English is being considered for the current period.

Finally, from November to December, we organized an online seminar on Digital Culture and Intellectual Property, co-organized with the Organization of American States (OAS), the University of Alicante, INDAUTOR, and 39

our programs

OUR PRO-BONO ASSOCIATES ARE MAKING A DIFFERENCE

Enrique Möller ASIPI Pro-Bono Guatemala

In recent years, ASIPI’s Pro-Bono Commission has been working tirelessly to promote a positive impact in Latin America through the voluntary efforts of our associates. One of the most important aspirations of our commission is to become an effective means for associates committed to society to create a positive impact by doing what they do best, providing intellectual property high-quality legal advice. To achieve this, we set ambitious goals and objectives for the 2021-2023 period, and with pride, we can say that we have worked very hard to accomplish them. Some examples of these goals are:

1. The number of Pro-Bono associates increased to 158, and in collaboration with national delegates, awareness was raised, and the program was promoted at all levels of our association.

2. More countries were included as Pro-Bono members with the intention of eventually covering the entire American continent and making a significant presence in Europe.

Much remains to be done in the latter, but the journey has begun.

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Additionally, we plan to create recognitions for our outstanding Pro-Bono associates by awarding them certificates for exceptional services that exceed expectations in favor of Pro-Bono clients, but we are well on our way to achieving these goals.

As a Pro-Bono commission, we take pride in actively participating in various activities during the 2021-2023 period. These activities demonstrate our commitment to advancing intellectual property rights throughout the region. As an example we can list some of the activities our commission participated during the period:

3. Solid alliances have been built with other Pro-Bono institutions that share or align with our mission and vision.

4. The program continued to be promoted to institutions, organizations, universities, and research centers related to entrepreneurship, innovation, and intellectual property.

5. Pro-Bono Clinics were held in Medellín, Quito, and Mexico with excellent results, not only in promoting the program but also in attracting new Pro-Bono cases that are already being handled. These clinics were accompanied by training on intellectual property topics, provided by the ASIPI Emprende Commission.

1. We have held discussions with WIPO authorities, as well as with countries like Paraguay and Ecuador, exploring possible joint actions to strengthen the ASIPI Pro-Bono program.

One action that brings us deep satisfaction is our collaboration with WIPO’s program for training, mentoring, and networking in the field of intellectual property for indigenous peoples and local communities in Bolivia, Colombia, Ecuador, and Peru. We have already received 5 cases from this program.

6. The experience gained was documented through the creation of procedure manuals for case management to ensure consistent handling.

7. We recognized our associates by awarding them pins that distinguish them as professionals committed to their society.

8. Three promotional videos of the Program were created, and the last one included a summary of the activities carried out over the past 2 years. These videos have been presented to the entire membership and are available on the ASIPI website and on INSTAGRAM as a featured story of the Pro- Bono Program.

2. We have seized various commemorative events for World IP Day to promote the ASIPI Pro-Bono program and invite entrepreneurs who could benefit from it.

9. Testimonial videos from Pro-Bono clients were also produced, in which they share their experience with the program and encourage their peers to use it.

In the next period, we hope to achieve all that we have set out to do, and that the selfless work of all our Pro-Bono associates at ASIPI continues to generate a positive impact in the lives of countless institutions, vulnerable individuals, and their families. We hope this translates into new opportunities for growth and prosperity for all. We will continue to work to recruit new associates and share with them the excitement and joy of giving back to our society for all that it has given us.

3. We have successfully included a Pro-Bono Services clause in the standard collaboration agreement that ASIPI signs with institutions.

Some tasks remain to be completed, such as the creation of a monthly newsletter, “ProBonoNews,” in which we plan to share updates, notable cases, interviews, podcasts, and messages related to the field.

ASIPI Pro-Bono, a social commitment

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RES

JUDICATA

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1. Doctrine of the clarified act

RES JUDICATA

Through these pre-judgement rulings, the Court of Justice of the Andean Community gives its position on a community rule related to a specific case. The purpose behind this measure is to ensure the unitary interpretation and application of the Community laws among the members of the organization (P. Martinez; A. Perotti, 2003). Since its first application, the Court has affirmed that any position they hold is given with the objective of building a unified jurisprudence for the Community (Process 1-IP-87, 1987). The doctrine of the clarified act was first employed by the Court in Case 391-IP-20222 where it was determined that, if the Court had already issued a pre-judgement ruling on the object, content and scope of the rule, and if there was no reason to believe that they would change their opinion, then it would not be necessary to request a new interpretation. Following this initial position, the doctrine has been ratified in cases such as 231-IP-20223 and 248-IP-20224.

The clarified act is an innovative figure because previously a prejudicial interpretation was required for each case, which made the work of the Court redundant and delayed the resolution of meaningless cases. On many occasions, the court or the magistrate had to simply reproduce its previous position. The Committee celebrates the application of the doctrine and congratulates the Tribunal for adapting to modern times with this position.

By the Committee for the Advancement and Harmonization of Jurisprudence of ASIPI

Juan Felipe Acosta Sánchez Colombia Chairman of the Committee

Res judicata is a space for the dissemination of relevant case law. On this occasion we present two positions of the Court of Justice of the Andean Community1. Its perspectives on the matter are highly influential and constantly used by national judges and administrative authorities in the region. To address the above, first, we will explain the concept of the doctrine of the clarified act; second, we will present an analysis of two prejudicial interpretations (binding concepts issued by the Court upon consultation of national authorities).

2. A review of some cases that apply the doctrine of the clarified act Bad faith in the registration of trademarks identical or similar to foreign trademarks The doctrine of the clarified act, as previously mentioned, has been supported in provisions related to different topics and areas of law.

For example, in Process 128-IP-2022 under the charge of Magistrate Hugo Gómez, the Court pronounces on possible useful criteria to determine bad faith5 in the registration of a trademark. This prejudicial

1. The Andean Community is a regional organization formed by Colombia, Peru, Bolivia, and Ecuador. According to its website, the Community seeks to achieve comprehensive development through the integration of various regional issues to improve the living conditions of 115 million Andean citizens. (https://www.comunidadandina.org/quienes-somos/).

2. Published in the Official Gazette of the Cartagena Agreement 5146 on March 13, 2023. https://www.comunidadandina.org/DocOficialesFiles/Procesos/391_IP_2022.pdf.

3. Published in the Official Gazette of the Cartagena Agreement 5337 on October 11, 2023. (https://www.tribunalandino.org.ec/decisiones/IP/GAOC_5337_Proceso_231-IP-2021.pdf).

4. Published in the Official Gazette of the Cartagena Agreement 5307 on September 12, 2023. (https://www.tribunalandino.org.ec/decisiones/IP/GOAC_5307_Proceso_248-IP-2022.pdf).

5. In this process, the Tribunal Court defines bad faith as “someone who, when registering a trademark, already knew or should have known that the trademark they are registering is similar or identical to another for which a third party holds the rights in a different jurisdiction.”

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interpretation is given in an extremely recurrent case in the region.

A local person registers a sign identical or similar to a foreign trademark and markets products with the same appearance as those identified by the former. This case presents a tension between the principle of territoriality and independence of countries and the principle of acting according to the postulates of good faith. According to the former, the coexistence of identical trademarks in the name of different owners in different countries is possible since each of them is sovereign and represents a different market. According to the latter, the actions of individuals must be carried out in accordance with the postulates of good faith, and acting in bad faith cannot generate rights.

The Court accepted the European position and held the possibility of harmonizing both visions by determining that the principle of territoriality yields to the principle of good faith. For that purpose, it was considered necessary to establish auxiliary criteria to determine the bad faith of an applicant: a) the notoriety or renown of the foreign trademark; b) the concurrent participation in markets by virtue of which the applicant knew or should have known of the existence of the foreign trademark; c) the prior relations between the parties, as in licensing, distribution, representation or similar contracts. It does not matter, said the Court, if the applicant intended with his malicious act to exclude or not the owner of the foreign trademark from the market, it is enough his evident intention to take possession of a sign that he knows is not his and that can deceive the market.

The Court’s position may have several effects: a) based on the position expressed, it is possible to file an opposition based on the existence of a foreign trademark identical or like the one applied for, alleging the existence of bad faith; b) also, it will be possible to file a nullity action against a registration obtained under similar circumstances.

Aware of the novelty of its position, the Court argues that it is necessary to explain that there are countless alternatives for entrepreneurs in the region, so that it is unnecessary for them to copy

from foreign signs. In the opinion of those who write, it is desirable that ingenuity and creativity result in truly distinctive signs with international potential, since trademarks are born, in modern times, with a growth potential that transcends borders.

The farmers privilege Another of the matters recently studied by the Court was that of plant varieties6. These are new and distinctive varieties, which are homogeneous and have been the product of human activity. They are protected, in legal terms, when they are “new, uniform, distinguishable and stable and have been assigned a denomination that constitutes their generic designation”.

The protection of this type of varieties is not without its challenges for agriculture. Given the tension that arises between the owner of the variety who, thanks to his efforts to innovate varieties in the world, and the farmer who develops as the protagonist of the exploitation and final commercialization of this variety, a limitation called “the farmer’s privilege” arises. In the Andean standard, it is defined as follows: “Article 26.- The breeder’s right shall not be infringed by anyone who reserves and sows for his own use or sells as raw material or food the product obtained from the cultivation of the protected variety. The commercial use of material for multiplication, reproduction or propagation, including whole plants and parts thereof, of fruit, ornamental and forest species, shall be exempt from this Article.”

Well, the Court interprets this rule in Process 384-IP-2019 with Magistrate Iñigo Salvador Crespo7 as rapporteur. At the request of the First Section of the Colombian Council of State -Supreme Court of Administrative Litigation- and in the context of an action for annulment against a resolution of the ICA, the institution in charge of granting plant varieties, among other functions. The Court held that,

6. In the Andean Community, the foundational norm is Decision 345. The norm defines plant varieties as “a set of cultivated botanical individuals distinguished by certain morphological, physiological, cytological, and chemical characteristics that can be perpetuated through reproduction, multiplication, or propagation.”

7. The International Institute for Sustainable Development defines the “farmers’ privilege” as “allowing farmers to save seeds from the cultivation of protected varieties for their own use in replanting.” [Source: https://www.iisd.org/toolkits/sustainability-toolkit-for-trade-negotiators/4-trade-provisions/4-1-intellectual-property-rights/4-1-1-fostering-green-innovation/4-1-1-3-breeders-exemption-and-farmers-privilege/]

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despite the existence of the right over a plant variety, the farmer is authorized to reserve, store and use a part of the product obtained legitimately through the licensing of material protected by a variety. In other words, the situation arises when a farmer acquires the protected variety, with the appropriate licensing, grows the variety, obtains the fruits but reserves others for his own use or to be sold as raw material or food. The Court uses a magnificent example: a flower grower reserves the product of a crop protected by ornamental varieties - for example roses - to decorate his house or to sell them as raw material to a perfume company. Since he is not dealing with a traditional exploitation of an ornamental variety, this type of use is protected by the farmer’s privilege.

However, in our opinion, the most significant novelty of the Court’s position was its authorization, through this Pre-judicial Interpretation, for countries to regulate in detail the exceptions contained in Decision 345, such as the so-called “farmer’s privilege”, in order to avoid loopholes or that, in any case, based on the exception, the intellectual rights of the owners of the varieties may end up being unduly infringed. The question arises as to whether this position will open the door to broader interpretations of what countries may or may not do by virtue of the so-called indispensable complement principle.

EXPERIENCIA SÓLIDA ASESORAMIENTO INTEGRAL SOLUCIONES EFECTIVAS

+502 2231 8500

info@sercomi.com.gt

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LIBRARY www.asipi.org/biblioteca/es

During the second semester of 2023, ASIPI with the collaboration of its members, has made the following publications that can be found in our library

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LIBRARY

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so it was in mexico ¡Viva ASIPI México!

From December 3 to 6 Mexico City brought together the leading experts in Intellectual Property at the Presidente InterContinental Hotel. Remarkable academic conferences and a varied social agenda delighted the more than 850 attendees at the XXII Congress of the Interamerican Association of Intellectual Property.

This meeting was the culmination of two years of hard work by the Executive Committee presided by Enrique Díaz and the inauguration of the new Board of Directors under the leadership of Luis Henriquez for the 2023-2025 period.

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previous days

ASIPI Mexico’s intense agenda began days prior to the formal opening of the event with coordination and follow-up meetings. Meetings of the 2021-2023 Executive Committee as well as the incoming 2023-2025 Executive Committee with the leaders of the new Special Commissions and Working Groups were on the agenda.

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EXECUTIVE COMMITTEE MEETINGS

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On Friday, members of the ASIPI Pro-Bono Commission and ASIPI Emprende together with COPARMEX, held the training event “Protect your Creations” and offered clinics for entrepreneurs, incubators, universities and scientists, which were well attended.

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That same day, together with INDAUTOR and WIPO, a video game workshop was organized under the name “Creative Dialogue: AI: Metaverse and Video Games” in which Enrique Díaz was present to formally open this activity.

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The former Presidents of ASIPI had a special space to meet during breakfast on Saturday, and then held a meeting with the members of the Executive Committee in a working lunch where they talked about the future plans of the Association.

In the afternoon, a fun group of Congress participants gathered at the Mexican Wine Tasting and Pairing organized by the ASIPI Wine Club to learn about Mexican wines and enjoy a sensory experience with Marco Flores Tlalpan, sommelier recognized as the best in Mexico and the Americas.

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previous days

Late in the evening and with a 360-degree view of Mexico City, the members of the Executive Committee offered a welcome dinner for panelists and moderators of the Congress, authorities, sponsors, special guests and the Association’s board of directors at the Ling Ling Restaurant.

Sunday, December 3

Sunday 3 began with the meeting of the Administrative Council, where the members of the Executive Committee reported on all the activities developed since the last session held in June in Quito and thanked the National Delegates for their great work, in this meeting that would be the last of the period.

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Sunday, December 3

And as the excellence of the work deserves to be recognized, Committees, Commissions, Programs, ASIPI Clubs, the representatives of ASIPI before the EUIPO and the members of the Moot Court team, were honored during the lunch with the delivery of certificates and recognitions to the outstanding work.

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Sunday, December 3

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Sunday, December 3

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Sunday, December 3

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Sunday, December 3

The new National Committees and Delegates were then called to receive work guidelines from the 2023-2025 Board of Directors led by Luis Henriquez, who also presented his government plan for the next two years. Commitment and motivation were latent in this meeting.

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Sunday, December 3

First time attendees to the Association’s events gathered at the Mentorship Meeting. With a record number of more than 160 mentors and mentorees, it was a warm welcome for the new participants and a pleasant experience for all.

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Sunday, December 3

ASIPI Academy, one of the Association’s flagship programs and for which it has received multiple accolades, also had a special place on Sunday. The members of the ASIPI Academy Board and the coordinators and teachers of the courses were summoned to a meeting in which a review of what the Academy has been over the years was made and future plans were discussed.

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Sunday, December 3

On Sunday evening, the opening ceremony of the Congress included the words of Eryck Castillo, President of the Host Committee of the Congress, Matthew Bryan, Representative of WIPO and Enrique Diaz, President of ASIPI, who formally opened the meeting. After his opening speech in which he made a balance of the period, numerous achievements were evidenced, both externally and internally, important approaches with international and local sister associations, a notable increase in academic activities, an exponential growth of membership, the materialization of projects of socio-economic impact, among others.

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Sunday, December 3

The academic sessions of the Congress began with the masterful intervention of Alberto Vollment, President of Ron Santa Teresa, who with his talk “The brand as a symbol of the social spirit of the company” excited and sensitized the attendees by explaining the “Alcatraz Project”, a social and reintegration program promoted by Ron Santa Teresa, aimed at youth at risk and people deprived of liberty.

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Sunday, December 3 The evening culminated with a lively cocktail party at Lago Algo, a meeting point between art, gastronomy and nature.

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Monday, December 4 With a yoga class organized by the ASIPI FIT program and taught by instructor Francisco Perez, the day began with great energy and the “best vibes”.

Monday, December 4

In the first panel of the day “Precursor of the metaverse: Best practices for in-game trademark licensing” Danny Marti, Head of Public Affairs and Global Policy of Tencent (United States), Maca Rotter, CEO of La Panadería Licensing & Marketing (Mexico), Andro Miralrio, Country Manager of Tencent (Mexico) and Patricia Revuelta, Partner of Abril Abogados (Spain) who was the moderator, discussed the importance of not engaging in practices that may compromise the integrity of intellectual property or negatively affect the user experience.

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Monday, December 4

The topic of “Protection of innovations in the dynamic sporting goods industry” featured presentations by Scott McCollister, Partner at Lippes Mathias LLP (United States), Christopher Gegg, Partner at Alston & Bird (United States), Jason Yao, Partner at Wanhuida Intellectual Property (China) and the moderation of Desirée Russo, Trademark Counsel for Puma SE (Germany). This panel made it clear that constant vigilance, not only to prevent counterfeiting, but also to identify potential trademark infringement, is essential.

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Monday, December 4

The last panel of the morning dealt with the development of the audiovisual industry and its impact on Intellectual Property by Deborah Flores, Global Director of Intellectual Property of TelevisaUnivision (Mexico), Gerardo Muñoz de Cote, VP IP & Content of FilliP (Mexico), Andrea Fierros, Business Affairs and Intellectual Property Manager for Mexico and Diana Arredondo, Senior Corporate Counsel of Amazon (United States).

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Monday, December 4

An academic ingredient was introduced during the lunch. With a special menu prepared by Chef José Luis Sánchez, Luis José Diez Canseco, Partner of Diez Canseco Abogados (Peru) and Manuela Mendigutía, Associate of Bird & Bird (Spain) addressed the topic of TSGs and their importance in promoting gastronomy, tourism and traditions and culture.

It is worth mentioning the signing of the collaboration agreement between ASIPI and the Chamber of Conciliation and Arbitration of Haiti, headed by its President Maxime D. Charles.

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Monday, December 4

The afternoon began with a panel entitled “Regulatory Restrictions on the Use of Trademarks: Do they fulfill their purpose? Who compensates trademark owners for the loss of value? Myrtha Hurtado, General Counsel Brand and Marketing Properties, Licensing and Anti-Counterfeiting at Nestlé (Switzerland), Maricruz Villanea, Managing Partner of Ideas Trademarks and Patents (Costa Rica), Luis Kudo, Managing Partner of Kudo y Niño de Rivera Abogados, S.C. (Mexico) and Jacqueline Moreau, Founding Partner of Moreau González & Asociados (Venezuela) as moderator, analyzed the effect of these restrictions on the value of the trademark and the existence or not of benefits from these measures.

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Monday, December 4

The awards ceremony of the III Latin American Moot Court on Property Law organized by ASIPI, the Court of Justice of the Andean Community and INTA followed. After a close contest, the team from the Instituto Tecnológico y de Estudios Superiores de Monterrey was the winner and the second place went to the Universidad Metropolitana de Venezuela.

Great emotion and joy was experienced by the winners of the contest, their coaches and the public present.

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Monday, December 4

Mexico’s sui generis figure of the “Reserve of Rights” was the subject of analysis in the panel formed by Alejandro Luna, President of the Mexican Association for the Protection of Intellectual Property, A.C. (Mexico).

-AMPPI- (Mexico), Dorian Roldan Peña, General Director of Lucha Libre AAA (Mexico), Marco Antonio Morales, Head of the General Directorate of the National Copyright Institute -INDAUTOR- (Mexico) and Roberto Arochi, Founding Partner of Arochi & Lindner (Mexico) as moderator. In this discussion the speakers referred to the advantages and disadvantages of protecting Mexican wrestling characters through this figure.

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Monday, December 4 A second award ceremony took place on Monday and it was the Best Industrial Designs 2023 Contest organized by the Industrial Designs and Trade Dress Committee of ASIPI. This edition included Mexico, Colombia and Guatemala as participating countries.

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Monday, December 4 After an extensive and productive day, the Local Studios offered a lively reception at Prim - Patio 30. Evoking the traditional Day of the Dead, with typical Mexican dishes and good music, the Mexican firms offered a warm welcome to their country.

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Tuesday, December 5 ASIPI Mexico’s second academic day offered participants a morning of interesting workshops.

In order to address the topic of good practices in the preparation and preparation of “freedom to operate” reports in patents, Ralph Nack, First Deputy Reporter General of the International Association for the Protection of Industrial and Intellectual Property -AIPPI- (Germany), Martín Ré, Associate of Noetinger & Armando (Argentina), Juan Manuel López, Coordinator of the Patent Technical Area of Uhthoff Gómez Vega & Uhthoff, S. C. (Mexico) under the moderation of Carolina Martínez, Partner in charge of the Patent Area of Espinosa Bellido Abogados (Peru).

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Tuesday, December 5 A workshop on cannabis and intellectual property was also offered with Eric Moran, McDonnell Boehnen Hulbert & Berghoff LLP (United States), Natalie Rizkalla-Kamel, Gowling WLG (Canada), Gloria Niembro, Partner of Chevez Ruiz Zamarripa (Mexico) as speakers and Shabnam Malek, Partner of Brand & Branch (United States), as moderator.

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Tuesday, December 5 In-house professionals shared their experience in the day-to-day management of intellectual property in the workshop with Fernando Ponce, Deputy Corporate IP Manager of Cencosud (Chile), Paula Gimena Fernández, Head of IP of MercadoLibre, Inc. (Argentina), Arturo Ishbak Gonzalez, Senior Corporate Counsel of The Lego Group (Mexico) and María Cecilia Romoleroux, Partner of CorralRosales (Ecuador) as moderator.

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Tuesday, December 5

Lastly, the workshop “The state of Diversity, Equity and Inclusion in the legal profession as an ethical and existential issue for the industry” was attended by Diana Arredondo, Senior Corporate Counsel of Amazon (United States), Ricardo Fischer, Treasurer of ASIPI (United States), Elisabeth Siemsen, Outgoing President of ASIPI (Brazil), Denise Guillen, Office of General Counsel and Local Compliance Resource of KPMG (Mexico), and Alfonso Rivera, Attorney of Tobar ZVS (Ecuador) as moderator.

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Tuesday, December 5

Aware of the importance of IP education from an early age, the ASIPI Educa Program offered a joint talk with INTA’s Unreal program at Montessori’s World School. Karen Incera, Roberta Calazans, Martina Luski and Carolina Ponce participated in this activity.

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Tuesday, December 5 Likewise, members of the copyright committee and the entertainment committee accompanied by Giselle Reuben (ASIPI’s director) and Juli Gutierrez (ASIPI’s executive director) made an official visit to the Copyright Institute of Mexico (INDAUTOR). They were received by the director of said institution Marco Morales.

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Tuesday, December 5 In the afternoon, the participants of the Congress had a space for leisure and fun, enjoying sports activities and touring the most emblematic museums of the city.

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Tuesday, December 5 The traditional Mexican wrestling could not be left out of the Congress agenda. More than a sporting spectacle of the Rudos vs. the Técnicos, wrestling is one of the elements of Mexican identity and culture.

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Tuesday, December 5 This second day offered a night of relaxation with the “We Respect…” activity celebrating diversity and respect within the Association. We recognize and appreciate the great work of the ASIPI Diversity, Inclusion and Sustainability Committee to generate these spaces.

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Wednesday, December 6 Wednesday, December 6 started early for the participants of the 5K run/ 2.5K walk, organized by ASIPIfit and the Social Action Committee, to benefit the Paco Foundation, followed by the breakfast of the Green Innovation Contest 2023 in charge of the ASIPI Future Commission, which in its first edition had Magali Ferreira from Paraguay as the winner.

5K RUN / 2.5K WALK

2023 GREEN INNOVATION COMPETITION BREAKFAST

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Wednesday, December 6

INSTITUTIONAL MEETINGS During this day, official meetings were also held with the national industrial property authorities of Brazil and Chile.

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Wednesday, December 6

INSTITUTIONAL MEETINGS As well as with representatives of the international associations FICPI and AIPPI.

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Wednesday, December 6 The conferences on the last day of the Congress began with the participation of David Catching and Bingo Richey from Rancho de la Luna Spirits (United States) who shared their story highlighting how music and mezcal are intertwined with intellectual property.

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Wednesday, December 6 The panel on “Management of Cultural Expressions of Communities and Native Peoples” was led by Claudia Patricia Pérez, Director of Arbitration of the National Copyright Institute -INDAUTOR- (Mexico), Emilio Francisco Dorantes, President of the Council of Flyers (Mexico), Begoña Cancino, Founder of BCG Law IP & Fashion (Mexico) and the moderation of Lorena Mersan, Partner of Mersan Abogados (Paraguay).

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Wednesday, December 6 The topic of Artificial Intelligence and its impact on Law Firms was masterfully addressed by Luiz Henrique do Amaral, Partner at Dannemann Siemsen (Brazil), David Gómez, Managing Partner at Baylos 5.0 Legal Advisors, S.L. (Spain) and Marcelo García Sellart, Associate Consultant at Gordó Llobell & Asociados (Argentina) as moderator.

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Wednesday, December 6 As an activity prior to the closing of the academic day, the Diversity, Inclusion and Sustainability Committee organized a round table with local associations to address crucial issues related to diversity and equality in the workplace and in society in general.

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Wednesday, December 6 The closing ceremony of the day was very special because the Social Action Committee, represented by Andrea Possinhas and Margarita Zambrano, presented the results of the campaign “One backpack, one opportunity” and the donations collected from the Run/Walk, the ASIPI Art auction (first edition) and Brand Action for the children of the Paco Foundation, who also received a donation of drinks and food from the company Aje Group.

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Wednesday, December 6

With this closing, the General Assembly of Members began.

During the meeting, Enrique Díaz, Matías Noetinger and Ricardo Fischer presented a report on the projects completed during the period 2023-2025 from their own position as President, Secretary and Treasurer respectively. Words of recognition, affection and gratitude were heard in important moments of this emotional meeting in which also Elisabeth Siemsen and Jorge Chávarro said goodbye after an invaluable and memorable trajectory of many years in the Board of the Association.

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Wednesday, December 6 Designations as Associate and Honorary President were conferred to Ramón Benedetti and Juan Vanrell in recognition of their impeccable work in ASIPI and their impact in the world of Intellectual Property.

Honorary President: Juan Vanrell, Uruguay

Honorary Associate: Ramón Benedetti, Panama 101

Wednesday, December 6 At the end of the Assembly, the new Executive Committee was elected by acclamation for the period 2023-2025, formed by:

Executive Committee 2023 / 2025 • Luis Henriquez

President

Venezuela

• Matías Noetinger

Vice President 1

Argentina

• Marco Palacios

Vice President 2

Guatemala

• Martín Pittaluga

Secretary

Uruguay

• Ricardo Fischer

Treasurer

USA

• Giselle Reuben

Member 1

Costa Rica

• Raquel Toñánez

Member 2

Paraguay

• Paulo Parente

Member 3

Brazil

• Enrique Díaz

Former President

Mexico

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Wednesday, December 6 Luis Henriquez indicated that he will continue working hard for the Association with a plan that is structured on three fundamental pillars: positioning, strengthening of Programs and institutional consolidation of ASIPI.

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Wednesday, December 6 And to close this event with a flourish, the Bicentennial Park was the venue chosen for the Closing Dinner where, with dance and music, this memorable Congress was bid farewell.

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December 7 and 8 A group of participants, enthusiastic about the appellations of origin, set out on their way along the Mezcal Route in the picturesque city of Oaxaca. Another group joined the patent workshop, organized with the support of WIPO, on drafting claims in chemical technology, pharmaceuticals, biotechnology and engineering.

Thanks to all who made this great event possible. To the members of the Host Committee for their time and work, to our sponsors for their support, to the administrative staff and to all the participants. ¡QUE VIVA MÉXICO!

Host Committee

Academic Committee

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Logistics Committee

We look forward to seeing you in La Antigua, Guatemala, from June 2-4 for the Seminar “Coexistence or Collision: Challenges and Opportunities in the Era of Artificial Intelligence”.

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GUATEMALAN CHAMBER OF INTELLECTUAL PROPERTY A JOURNEY THROUGH ITS TRAJECTORY

Its main approaches are: • Promote the protection of Intellectual Property rights: CAMPI works to raise awareness among companies, creators and society in general about the importance of protecting intellectual property rights, including patents, trademarks, copyrights and other related rights.

• Facilitate the registration and management of intellectual property rights: CAMPI has programs and workshops to guide individuals and companies wishing to register and manage their Intellectual Property rights, such as trademarks, patents and copyrights.

• Promote innovation and creativity: CAMPI works to promote innovation and creativity in Guatemala, encouraging creators and companies to develop new products, technologies and creative works. This contributes to the economic and cultural development of the country.

• Promote collaboration and cooperation: CAMPI seeks to promote collaboration between different actors, such as companies, educational institutions and the government, to strengthen the protection of intellectual property and promote innovation and technological development. CAMPI works closely with a number of government agencies and other relevant institutions to help promote policies and regulations that strengthen intellectual property in Guatemala.

This includes participating in the creation and revision of laws related to Intellectual Property.

Álfaro Vinicio López Marroquín

• Defend intellectual property rights: CAMPI also has the responsibility to defend the Intellectual Property rights of its members and the community in general, taking legal action if necessary.

Established in 2015 and launched to the public in 2016, the Guatemalan Chamber of Intellectual Property (CAMPI) was created as a private, non-profit, non-religious, non-political, cultural, academic, educational and comprehensive development organization for its members, with the objective of promoting and protecting Intellectual Property rights in Guatemala, as well as developing and disseminating the importance of Intellectual Property protection.

• Educate and train: CAMPI offers education and training programs to help individuals and businesses better understand intellectual property rights and how to properly protect them.

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In addition to its main bodies, such as the Board of Directors and a Court of Honor, it is supported by an academic committee divided into the following subcommittees:

Throughout these years CAMPI has promoted, in addition to informative sessions, activities such as courses, workshops and seminars related to:

Events and social networks subcommittee:

• The implementation of the Trademark Law Treaty (TLT) and reforms to the Industrial Property Law.

• Which in addition to managing social networks, is in charge of coordinating events, discussion tables and trainings with students, general public and the staff of the Intellectual Property Registry, as well as providing any assistance required by the Registry.

• Personal Data Protection • The Madrid Agreement Concerning the international registration of trademarks • Ambush marketing and the world of soccer

Legislation and jurisprudence subcommittee:

• The protection of textiles in Guatemala

• Through this subcommittee, an orderly control of national and international jurisprudence related to Intellectual Property is maintained. It is also in charge of reviewing, commenting and following up on any new legislation or changes to current legislation. It is the body in charge of promoting, through the appropriate legal channels, suggestions for improvements to any Intellectual Property legislation.

• Country Trademark • Experiences and proposals for an electronic Intellectual Property Registry • The Covid-19 vaccine and its implications in the field of Industrial Property • Intellectual Property and its operation in digital platforms

Subcommittee to support the Intellectual Property Registry:

• Introduction to the evolution of Intellectual Property • The NFT’s and Intellectual Property

• Through this subcommittee, discussion tables and training for the staff of the Intellectual Property Registry are coordinated, as well as any assistance required by said Registry.

• Profitability indicators in law firms 110

website www.campi.gt. This is the first portal specialized in jurisprudence regarding Intellectual Property in Guatemala, which, without a doubt, will be of help to all its members.

We are aware that the Guatemalan Chamber of Intellectual Property faces several current challenges, such as the effective protection of intellectual property rights in a constantly evolving digital environment, the promotion of innovation and creativity, and the harmonization of local legislation with international intellectual property standards to encourage investment and economic development.

However, we never tire of believing that this is an association that is truly passionate about what it does and totally active.

The Chamber has the necessary tools to work with specific industry sectors, such as technology, music, film, fashion and others, to address specific challenges and opportunities related to intellectual property in each sector.

We continue to move forward and we are confident that our Guatemalan Chamber of Intellectual Property will continue working to contribute to enhance intellectual property in Guatemala through education, registration facilitation, promotion of innovation, legal protection, collaboration with different actors and promotion of a culture of respect for Intellectual Property.

CAMPI has coordinated various round tables with authorities of the Intellectual Property Registry to exchange opinions on legislation, registry criteria and legal reforms, each of these meetings have had considerable results.

We have been fortunate to sign strategic alliances with the National Secretariat of Science and Technology (Senacyt), the cultural diplomacy section of the Ministry of Foreign Affairs and the Secretariat for Judicial Strengthening and Cooperation of the Judicial Body of Guatemala, with whom we have been able to generate a specific collaboration in line with the objectives of these institutions.

CAMPI has also worked with international associations such as INTA, AIPPI and ASIPI in joint programs and workshops ranging from topics related to oppositions and cancellations of distinctive signs, nullity actions of trademark registrations, patentability criteria in Latin America and training agreements for judges of the Judicial Body of Guatemala. It is worth mentioning that the training and technical assistance to judges of the Judicial Body is derived from an agreement of understanding and cooperation subscribed between CAMPI and ASIPI. Recently, in November, a project that compiles local jurisprudence was materialized through a portal incorporated into the

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FICPI SURVEY REVEALS IP PRACTICE PROFITABILITY ACROSS THE WORLD FICPI’s Practice Management Committee (PMC) has been working on the topic of profit generation in IP firms for over 12 months.

During this period, two surveys were circulated within the FICPI membership, the results of which were shared at FICPI’s 21st Open Forum in London, October 2023.

Anne Lévy President Practice Management Committee (PCM) FICPI

The following is a summary of the survey results

The survey revealed various insights into the profitability of intellectual property practices, particularly in the context of recent global events and changing market dynamics:

The survey was carried out from May through August 2023. To ensure confidentiality, the names and organisations of the respondents, invited based on contact information provided by the FICPI Practice Management Committee, have been omitted. No responses have been attributed to individual respondents or their organisations, and some comments have been slightly edited to protect the anonymity of the authors.

Of 237 invitations sent, the FICPI Sustainable Profitability survey received responses from 84 confirmed participants across 35 countries, resulting in a response rate of 35.44%, a very good response rate given the survey’s length and complexity.

1. Impact of the COVID-19 Pandemic (2020-2021): • The pandemic had a mixed impact on profitability. Some firms experienced a decrease in client activity and revenue dips, while others benefitted from reduced expenses due to remote working.

• A few firms noted an increase in work as local businesses sought alternatives for lost orders.

• The general trend showed either a return to normalcy or continued profitability in subsequent years.

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Overall, the survey reflects a nuanced and varied landscape of profitability in IP practices, influenced by global events, operational changes, and market dynamics.

Find Out More: Join Us in Madrid in 2024

2. Changes in Profitability Since January 2022: • Some firms faced a gradual decline in profitability, potentially offset by raising prices.

• Responses to changing profitability varied, including cost-cutting measures, adopting hybrid work environments, and shifting focus to different types of IP work.

• External factors like the Ukraine war, inflation, and changes in government policies also affected profitability.

3. Responses to Increased Profitability: • Firms that noticed a significant increase in profitability responded in various ways, including investing in marketing, shifting additional staff to meet demand, and cautiously pushing on with investments in systems and people.

• Some firms enjoyed better bonuses and increased billable hours for certain attorneys.

4. Responses to Decreased Profitability: • Firms responded to decreases in profitability by increasing fees, focusing on billable hours, cost control, and making necessary adjustments in practice areas.

• Other responses included cutting costs, especially in marketing, and revising equity partner compensation formulas.

At the 2023 FICPI 21st Open Forum, the session presenting the profitability research results was highly attractive to delegates and very well attended, so we have planned a plenary session on Profitability in IP Firms at the FICPI 22nd Open Forum in Madrid from 25 to 28 September 2024.

ASIPI members are welcome to attend.

Over 400 independent IP attorneys and others in the intellectual property sector will gather in Madrid for this exciting conference, featuring plenaries and breakout sessions on topics from fake evidence in the IP world to transformative AI. The conference will follow the unique FICPI 3-stream style with parallel breakout sessions focusing on trade marks & designs, patents, and practice management. FICPI is famed for its special social events at its conferences too, with flavoursome food and drink combining with distinctive locations and convivial company.

5. Review of Profitability Since 2018: • Firms continuously review profitability, identifying areas of growth and decline.

• They have learned to adapt to new trends, client needs, and cost structures. Some noticed a substantial decrease in profitability since 2018, while others saw a return to pre-COVID profitability levels.

6. Other Comments: • Respondents highlighted that profitability might not be the sole focus for IP practitioners, emphasising the importance of assisting in complex systems and providing quality service.

• The need for continuous improvement, adopting new technologies, and responding to client needs was underscored.

• Challenges like commoditisation affecting profitability, and the diverse approaches of patent law firms, were noted.

Pre-register now If you are interested in getting involved in the FICPI working group on profit generation, please contact anne.levy@ficpi.org or pmc-executives@ ficpi.org.

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Young World

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YOUNG WORLD We enthusiastically introduce “Young World”, a new space in our ASIPI Mundo magazine designed to showcase ASIPI Young, a recently formed group within our association led by an exceptional team of coordinators: Daniela González from Colombia, Blanca Mejía from Honduras, and Juan Andrés Vanrell from Uruguay.

Daniela González Colombia

Blanca Mejía Honduras

Young World is the section of our magazine that will be directed by the recently created ASIPI Joven group, through which a space is offered for the participation of members aged 35 and under so that, among other options, they can raise topics of interest, promote activities and promote group members.

ASIPI Young arises from the need to open spaces for the participation of new generations, promote their professional development, facilitate the exchange of knowledge between young professionals, allowing them to learn from each other and share experiences in the field of intellectual property.

With ASIPI Young, our association will benefit from the energy and fresh perspectives of young people to address current challenges in intellectual property in an innovative and dynamic way, as well as receive their initiatives, opinions and comments on the association’s future plans. In short, train the future leaders of our association.

Initially, to join ASIPI Young, individuals must be 35 years old or younger, as Daniela González from Colombia mentions: “This age

Juan Andrés Vanrell Uruguay

range was established as a reference, aiming to have an objective filter.”

According to Juan Andrés Vanrell, the idea is for the group to acquire a solid identity and become a benchmark, inspiring all young individuals to get involved: “We seek not only to generate innovative ideas within ASIPI but also to reflect, think critically, and act as a catalyst for inspiration and change within the association”.

Daniela González aspires for this group to serve as a model for other associations and demonstrate that active participation by the youth is fundamental for the growth and evolution of any entity.

This group has various purposes, including conducting research on the needs and concerns related to their professional trajectories to share with law firms, contributing to generational diversity within the association by promoting an inclusive environment that encompasses different perspectives and approaches, and establishing connections with similar groups in other associations to foster peer collaboration.

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“Facilitating networking and connections among professionals of these ages, promoting the exchange of knowledge and experiences, and ensuring that the voices and needs of younger professionals are considered in decision-making and strategic planning within the association” are also some of the goals of ASIPI Young, according to Daniela González.

Blanca Mejía emphasizes that being young is an opportunity to embark on ventures, work, study, and even enjoy, so she maintains that the group will be full of energy to innovate and initiate projects but also to revel in celebrations. That’s precisely why Blanca insists on maintaining a balance and allocating time to each aspect: “Work when it’s time to work and dance when it’s time to dance”.

Currently, the group is crafting a survey to better understand the needs and interests of young individuals within ASIPI. Among other things, they want to know: What are the main challenges you face

in your professional careers? How could the association better support you in overcoming these challenges? What type of professional development resources do you find most useful? How do you prefer to participate in association activities: in-person events, virtual events, social media? What factors would motivate you to participate more actively? What type of content do you find most relevant and interesting? What type of events would you like the association to organize? Additionally, they are putting effort into developing the concept that will give identity to the group’s logo.

As Juan Andrés Vanrell mentions: “ASIPI Mexico was the starting point for this group. We are excited to begin planning for the coming years. We aspire to organize activities for young individuals as soon as possible, featuring current and engaging topics. The result we seek is to increase youth participation in the association, and we must focus on that goal”.

Welcome to this new platform that highlights emerging talent in ASIPI!

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UPCOMING EVENTS 2024 DATE

ORGANIZATION

PLACE

EVENT

INFORMATION

March 14 to 17

ABAPISUL

Gramado, Rio Grande do Sul

XIX Regional Meeting

https://abapi-eventos.org.br/

March 18 to 20

ASPI

Sao Paulo, Brazil

XXIII International Congress

https://congresso.aspi.org.br/

May 8 to 10

ITECHLAW

Washington, DC

2024 World Technology Law Conference & Annual Meeting

https://www.itechlaw.org/conferences/2024-worldtechnology-law-conference-0

May 15 to 17

IACC

Orlando, FL

Annual Conference 2024

https://www.iacc.org/events/iacc-annualconference-2024

May 18 to 22

INTA

Georgia, Atlanta

2024 Annual Meeting

https://www.inta.org/events/2024-annual-meeting/

June 2 to 4

ASIPI

Antigua, Guatemala

ASIPI Seminar

June 19 to 21

ECTA

Antwerp, Belgium

42nd Annual Conference “Many Facets of IP”

https://ecta.org/en/annual-conference-welcome/

July 9 to 17

OMPI

Geneva, Switzeland

65 Assemblies of Member States

https://www.wipo.int/meetings/es/details.jsp?meeting_ id=80889

August 11 to 13

ABPI

Recife, Brazil

International Congress of PI

https://abpi.org.br/eventos-abpi/

September 22 to 24

IPO

Chicago, IL

2024 IPO Annual Meeting

https://ipo.org/index.php/event/2024-ipo-annual-meeting/

September 24 to 27

MARQUES

Stockholm, Sweden

38th Annual Conference

https://www.marques.org/events/

September 25 to 27

IPIC

St. John’s, Newfoundland

2024 Annual Meeting

https://ipic.ca/courses-events/ipic2024-st-johnsnl-2024-09-25.htm

September 25 to 28

FICPI

Madrid, Spain

22nd Open Forum

https://ficpi.org/events/event/2024-ficpi-22nd-open-forummadrid

October 19 to 22

AIPPI

Hangzhou, China

2024 AIPPI World Congress

https://www.aippi.org/event/2024-aippi-world-congress2025-aippi-world-congress/

October 24 to 26

AIPLA

National Harbor, Maryland

2024 Annual Meeting

https://www.aipla.org/detail/event/2024/10/24/defaultcalendar/aipla-2024-annual-meeting

November 12 to 15

INTA

New Orleans, Louisiana

Leadership Meeting

https://www.inta.org/events/2024-leadership-meeting/

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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 TÍTLE

DATE

LINK

PARTICIPANTS

Athletes’ Image Rights: What’s New with FIFA Agent Regulations

July 13

“https://us02web.zoom.us/rec/share/vdn3R5iIcedxQq5XkXaOx4R Orh471T8UCCXrOKb1dyqa_DoD-cDIjxGDFsua8lFb.NLYHmPKxXFRPc0O?startTime=1689263869000 Código de acceso: =UJ8jh8A”

Luis Alejandro Fernández, Gustavo Silikovich, Gabriela Miranda (M)

The Intersection of Intellectual Property, Cultural Heritage, and Traditional Cultural Expressions (TCEs) from a European Perspective - Part II

July 18

“Jurisprudential trends in Unfair Competition and Intellectual Property: the protection of well-known signs and unregistered signs.

The BALDOR case and others”

July 20

“https://us02web.zoom.us/rec/share/pX95cDzZ24dZD_r1fNVYNe3hzuthZrJjKndX cVBFAsxeslZ1BVpn3Hzf26m8E6R8.nZMzxJPXt6Y7kZSa Código de acceso: Vm&7=rhN”

María de los Angeles Lombeyda, Rodrigo Puchi, Juan Felipe Acosta (M)

Brazil and its accession to the Nagoya agreement: 2 years since its accession and the challenges of biopiracy for the future

July 27

“https://us02web.zoom.us/rec/share/cqVbl8OVRl7sVwXUY_AjLaeE3SxbB-koN6v5K6Mfj5yTlkiaSb7wul76Cj0EVgz.eHCFfSTvaNfdsfbU?startTime=1690466371000 Código de acceso: ?X^f4g4Z”

Ana Paula Rodrigues, Luiz Ricardo Marinello, Monique Teixeira (M), Leonardo Cordeiro (M)

ASIPI - UNH Franklin Pierce Scholarships - Scholarship recipients’ testimonials and launch of 2024-2025 edition

August 3

“https://us02web.zoom.us/rec/share/aWr1PLOwdZof4PhGMT6Pm8 q39fDYmYXtwJxHatRbfkCaSUAUqdaCwBbqGVFn6Y5y.t8S40SC4qha8Vhl?startTime=1691078333000 Código de acceso: 4j=L3Df3”

Laura Castillo, Juan Felipe Porta, Alejandro Castro, Julissa Farah, Andrés Eduardo Rodríguez, Victor Kronemberger

The Impact of AI on Communications, Challenges and Realities

August 10

“https://us02web.zoom.us/rec/share/8hmXq_WyCR9khxJkWlB05KC5Rjv SX6X96K5qasiDlh-QKYTsp0DSuOigtQoCz23K.GK-d8o_0Dz4qikER?startTi me=1691683125000 Código de acceso: @x1Bc0g?”

Daniel Chappell, Roy Dov Pessis, Luis Alonso García (M)

Artificial Intelligence: Impact and Implications for the Audiovisual and Music Industry

August 17

“https://us02web.zoom.us/rec/share/xPPMYbfJ9RQ-j5bbu462uuN4due qrSVE1vsUStQt8wPr4PXanLs3Af7qD9UNTIjM.U3xprDwrP6W3Iro2?startTi me=1692287903000 Código de acceso: 7!Q#5G7t”

Richard Gooch, Marcelo García Sellart, Giovanni Stella, Santiago Márquez (M)

Slogans: Practical analysis of registrability in Latin America and the U.S.

August 24

“https://us02web.zoom.us/rec/share/0QKjvkP9SsJFkRPtROH1VMWn1_vP00Jjcn yGkx3Z7S8OruWjGUyfklDjoe_dGzMD.99nodVNgVSrBhbKa?startTime=16928926 65000 Código de acceso: ?PPH5$@s”

Liza Erazo, Miguel Muñoz, Gonzalo Barreda, Idalla Brum, Diego Morandé (M)

Audrey Williams, Silvia Cappellozza, Daphne Zografod Johnsson

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Webinars TÍTLE

DATE

LINK

PARTICIPANTS

August 31

“https://us02web.zoom.us/rec/share/jXljYaGB2QetlW0kriwUwpbcMBaXsfajdo92FS8jMXmaHM_klFcAunSR8SuoFtH.ZQYT01RfPA3Hf7a1?start Time=1693517257000 Código de acceso: j7Mr!jdj”

Romina Buso, Mónica Malcotti, Alejandra Rojas, Daniela González

Requirements and Limitations of Industrial Designs and Design Patents in Latin America and the U.S.

September 7

“https://us02web.zoom.us/rec/share/XHyS1G7DR1bcrucn7EVZiclsDE0YHBtKC7H kr2X1GWBc4VLZelSQNz0uWEmcTLJp.Ne0vrj__c5burwKv? startTime=1694104046000 Código de acceso: hmi$z6#K”

Roberto Rios, Alfredo Corral, Margarita Romero (M)

Slogans: Practical analysis of registrability in Europe and Asia

September 14

“https://us02web.zoom.us/rec/share/NTp7ChQhe4z-TR0ue5yhdcVgvtXvozwg7iryC_gvlAKGz-mDXawntXBctDJHU4.MKltoMigXfBNdcAS? startTime=1694706905000 Código de acceso: 81@.?Z%p”

Daniel de Prado Escudero, Desirée Russo, Rosalia Ballester (M)

Test Data Status Update for Colombia, Ecuador and Peru

September 21

“https://us02web.zoom.us/rec/share/TUY3pQgmenKh4nxgIf3xRrxDxL-b1MgGq0 qww5KrQbFIEWEdFrNAibEJMploaP6H.g80be8ZEpn8tGI2j? startTime=1695312004000 Código de acceso: p.a?M2#S”

Maritza Reategui, Karina Loza, Natalia Castro (M)

September 29

“https://us02web.zoom.us/rec/share/eQ6lWC2gVZlxadDElCaHizREJc0JxdJaaOaA 5ojbmlYVyN0SrEjrAVwk5_Ff4TVd.WP4hZUTg3oSwmGCJ? startTime=1695916647000 Código de acceso: #p*g787D”

José Roberto de Almeida, Luis Guinard, Mauricio Jalife, Juan Carlos Uribe, Daniel Riley (M)

October 5

“https://us02web.zoom.us/rec/share/akwrAPDC2I9S6MUUKMejsKc2sNx3JKVlS3L AhA7fPX8FAoQMshBVXzciyzgcn0uL.4BOxU9aW54d1wBO6? startTime=1696521576000 Código de acceso: ^JfmKn#1”

Luis Arancibia, Lucila González, Juan Felipe Porta, Carmen Paz Alvarez (M)

October 12

“https://us02web.zoom.us/rec/share/4IbtTJBbzYxjwOkH8meg2WaaEkcHs1F78YA LRh3fdgiSfcT7pX21koC0FW3DOAj8.3nSH1jnxfyyLXRS8? startTime=1697126433000 Código de acceso: BGAn5&&u”

Luis Diez Canseco, María José Lamus, Diego Chijane (M)

PCT YES OR NO: Experiences in LATAM

October 19

“https://us02web.zoom.us/rec/share/rO9RrJj7sa_8XcL8SeQ6UOkw3 XYyNDdBLKPwFP2pyymvp4ytL6RJW5m53uY9gD6I.cNZDCvNl34RmW4j?startTime=1697729215000 Código de acceso: x%$Kx92M”

Juan Lapenne,Bruno Merchor, Juan Felipe Porta, Jorge Fuentes, Rolando Hernández (M)

Adaptation of fictional characters in videogames and cross-media rights

October 26

“https://us02web.zoom.us/rec/share/REffN38JeT1bWOMjp1nA7rwFdz-PGBJohFl C63h6miL30dWmjvhKWWqVGE9_F6AI.VTuyJWVNhTzKvSMO? startTime=1698335978000 Código de acceso: iZ&O1CS5”

Simon Pullman, Klaudia Kinastowska, Andrés Rodríguez (M)

November 2

“https://us02web.zoom.us/rec/share/dahH0aPKWN03xJ9j9iaMkX8CVnWo Rm7ALRywXU3D2OvuMA-OEQZloPhIXOv3lnIT.MnODwz0l9qMpIXId?startTi me=1698937469000 Código de acceso: #&mPz6&W”

Matt Davies, Victoria Pereira (M)

The sales cycle in the legal services industry

Franchising: Contractual Experiences in Different Jurisdictions

Domain name conflicts and possibilities for preventive measures

Class relationship and the relevant market concept

Brand You: capitalizing on the power of personal branding

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A la cartE Webinars TÍTLE

DATE

LINK

PARTICIPANTS

International Data Transfer

November 9

“https://us02web.zoom.us/rec/share/RuGtOcKt3spV3q6TfivmzjJqDrTgvHEIwGqm JFJyX2U8Jvufd5I8C5ycqiSYE7EV.C3e_CBjVQfQXNUdP?startTime=1699541921000 Código de acceso: vL#vmj1r”

Delia Belciu, Cristina Rodríguez, Jordi Güell (M)

Processing of Personal Data by Intellectual Property Offices: Comparative Perspectives in the EUIPO, Spain, Chile, Mexico and Brazil.

November 16

“https://us02web.zoom.us/rec/share/ImEpkHKblT7QhodUqbKtW4atRiDga 65v9pHsA58PtMe5zt651O8H_6ewJY_veZGd.WX2GWkeXCcRrKTEq?startTi me=1700146842000 Código de acceso: L7A#V*76”

María Angela Fernández, Filipe Fonteles Cabral, Santiago Ortúzar, Christian Thomae

Infringement of industrial models and designs.

Experience in Latin America

November 23

“https://us02web.zoom.us/rec/share/EXbL5pwKH6FqRoSAuvxvB09Kpg 8Ly4vsZ4yQid03im06shARO5R9JxY-PtHpZhg.UcD_tF208cuGKD3a?startTi me=1700755167000 Código de acceso: f+XK0E8h”

Sandra Guerra, Carolina Velez, Estela de Luca (M)

Podcasts TÍTLE

DATE

LINK

PARTICIPANTS

The surveillance of intellectual property rights by customs authorities

August 24

https://www.youtube.com/watch?v=JySNcrmQVJ8

Marco Lipa, Gonzalo Luzuriaga (M), Jessica Ortiz (M)

Face-to-Face with Juan Vanrell, Part I October 5, 2023

October 5

https://youtu.be/-YHU8feVoOQ?si=SvuW4_vBYAQG0M0J

Juan Vanrell, Martín Pittaluga, Margarita Romero

Face to Face with Juan Vanrell, Part II

November 6

https://www.youtube.com/watch?v=58vZVHOarDE

Juan Vanrell, Martín Pittaluga, Margarita Romero

The interpretative doctrine of the clarified act

December 28

https://www.youtube.com/watch?v=58vZVHOarDE

Hugo Gomez, Liza Erazo, Arturo Tello

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Round tables COUNTRY

TITLE

DATE

LINK

PARTICIPANTS

Bolivia

Artificial Intelligence: its ownership, protection and current application in intellectual property firms.

August 29

“https://us02web.zoom.us/rec/share/GhUPjGAKaNpq_G54n2 neT6asbdNngMJZX0GDLBxrbXgTLfxxYYaux-0BmSa99kk.JbS6o rew74HLQZxo?startTime=1693313021000 Código de acceso: &L5s.f#H”

Aditya Berlia, Rodrigo Moreno, Ana Valeria Escobar, Diego Rocabado, Martha Landívar (M)

Haiti

Appellations d’Origine / Indications Géographiques

August 30

https://drive.google.com/drive/folders/1zVvSIAg3fl0d2uOqVd OzvaRzUDKbYLBZ?usp=drive_link

Jorge Chávarro, Danovald Charles, Christian De Lespinasse (M)

Ecuador

Conversation on inclusion of LGBTIQ+ identities in the private sector

October 11

In-person

October 24

“https://us02web.zoom.us/rec/ share/YO1VJWvPQXClDoDNhBSeaGJPZUYzCGutoNFo5LMxBfwCAE44V-odT0Lnm9x4_ kO.MRPhdhTfd5disIsm Código de acceso: euIFR!1a”

Unites States

Cuba

AI and Professional Responsibility

Dispute resolution of international technology transfer contracts. Determination of applicable law and competent jurisdiction.

Sobre Nosotros “Con una historia de más de 50 años, BC&B ha evolucionado desde su origen como una firma boutique de propiedad industrial para llegar a ser el día de hoy una firma multidisciplinaria, que asesora a sus clientes no solo desde una perspectiva legal, sino desde una perspectiva comercial y de negocio, adaptándose en toda nuestra historia a unas necesidades del mundo real”.

Contacto 55 5263 8730 main@bcb.com.mx www.bcb.com.mx Leibnitz 117, Ciudad de México

Sarah Cravens, Melissa Mortazavi, Augusto Perera (M)

Consultoría Legal En BC&B prevemos, cuidamos, defendemos, y agregamos valor al patrimonio de nuestros clientes, acompañándolos en todo momento con un capital humano altamente calificado y especializado; para así darles tranquilidad, velar por sus intereses e impulsar sus negocios mediante la cultura de la legalidad y la innovación.

Tenemos las soluciones que te permitirán lograrlo aprovechando al máximo los incentivos disponibles para maximizar tus ventajas competitivas. Apoyamos a las pequeñas, medianas y grandes empresas a transformarse para potenciar su negocio.

The Retail Community

Servicios Propiedad Intelectual.

Derecho Corporativo.

Litigio Civil y Mercantil.

Litigio Administrativo.

Societario.

Fusiones y Adquisiciones.

Contratos Comerciales.

Gobierno Corporativo.

Reestructuraciones.

Franquicias y Distribución.

Consultoría de Negocios

Litigio Familiar.

Arbitraie Comercial.

Derecho Regulatorio.

Derecho Migratorio.

Comercio Exterior.

Derecho Laboral.

Entretenimiento.

Adquisiciones Públicas.

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Real Estate

Consolidamos la primera comunidad especializada en Retail & E-commerce de México.

Servicios

Transformación Estratégica.

Transformación y Lobbying Comercial.

Innovación Sistemática para Retail.

Investigación Cualitativa y Cuantitativa del Consumidor/Cliente.

Reclutamiento Comercial.

Servicios de Nómina, Contabilidad e Impuestos.

Transformación Digital Comercial.

Corner of humor or reflection

HISTORY OF ALEBRIJES

By Saúl Alvarez Lara

“Alebrije” in “caló,” a variant of “romaní,” the Gypsy language, translates to: tangled, difficult, or confusing thing of a fantastical nature. Alebrijes are fantastical figures created by a “cartonero,” the term used in Mexico for artisans who craft figures from papier-mâché. One such artisan was Pedro Linares López, renowned for his masks, piñatas, and effigies of Judas. Legend has it that in 1936, at the age of thirty, Pedro fell seriously ill. His family cared for him with the available means, and upon emerging from a coma, he claimed to have encountered fantastical animals that shouted, “Alebrijes! Alebrijes! Alebrijes!” There were lions with dog heads, snakes with wings and jaguar snouts, colorful iguanas with twisted, spiral tails, porcupines resembling anteaters with multicolored spines, and more. To illustrate these fantastical beings for his family, Pedro recreated them in papier-mâché.

His creations gained such fame that Diego Rivera and Frida Kahlo commissioned figures from him, which are now preserved in museums in Mexico City. Pedro Linares gained national acclaim for the originality of his alebrijes and was awarded the National Arts Prize. This version, likely the most widely disseminated, asserts that Pedro Linares was born in Mexico City.

Another version, told to me by a vendor at an “alebrije” store, perhaps the term for a place abundant in alebrijes, states that

these figures were the work of an artisan from Oaxaca afflicted with schizophrenia. During his hallucinatory episodes, he saw fantastical beings equipped with wings, horns, claws, and heads of animals that did not belong to those bodies. Both versions share a common thread: Pedro Linares’ children—Miguel, Blanca, Elsa, and Paula—continued the tradition of being “alebrijeros.”

There is a fundamental difference between the alebrijes created in Mexico City and those crafted in Oaxaca: the former are made from papier-mâché, while the latter are carved from copal wood, a fine-grained tree whose branches suggest carving, and from whose bark aromatic resin is extracted for incense.

The third version claims that Manuel Jiménez was the artisan who initiated the creation of alebrijes carved from copal wood in Oaxaca. Alongside Álvaro Obregón, another artisan who followed Jiménez’s footsteps, skilled craftsmen like Arsenio Morales, Andrés, and Miguel Ramírez worked to expand the fame of these fantastical figures beyond Oaxaca’s borders. Not all the zoomorphic figures found on the shelves, markets, or display cases of artisans’ shops are alebrijes.

According to legend, alebrijes are a source of fortune and imagination.

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Did you know Did you know that there is a company called “Unnecessary Inventions” that sells products to solve non-existent problems? Its creator, Matty Benedetto, produces hundreds of products from his “Unnecessary Design Studio” in Vermont, United States, using 3D printing, sewing, carpentry, or laser cutting. Although it may sound absurd, he has more than 10 million followers on his social media. Here are some of his inventions:

iDangle™ It’s a device that allows you to watch your favorite shows hands-free while lying down. The next time you want to relax, just lower the switch and magnetically attach your phone. When you’re done, grab your phone and send the stand back to the ceiling.

The Everything Apron™ It’s the first apron that has everything for a barbecue.

The success of the company “Unnecessary Inventions” invites us to think that the arrival of the internet and new technologies has completely revolutionized the way we live and do business.

One of the most significant impacts has been the ability to develop ventures that were previously unimaginable or might not have been successful.

We can see that innovating is not enough to patent a product and expect profits to automatically flow. The value chain in the inventions business can be more complex and requires creativity.

In conclusion, we learned that unusual, extravagant, and seemingly useless inventions can be a good business.

El Sunblock Buffer™ is the first automatic way to apply sunscreen on your back entirely by yourself. Simply take your favorite sunscreen, apply it to the hand, and activate the switch for the hand to reach and rub every corner of your back.

1. https://unnecessaryinventions.com/ Products that solves problems that don’t exist.

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