Between December 1 and 4, 2024, the Inter-American Association of Intellectual Property (ASIPI) held its XXIV Working Sessions and Administrative Council Meeting, marking the backdrop of its 60th anniversary celebration. The anniversary logo symbolizes, through the institutional image, the number sixty encircling the globe, a fundamental element of ASIPI’s identity since its early years. The cover of this sixth issue of MUNDO ASIPI evokes a view of Panama City, incorporating the graphics used for the celebration and event during those days, when ASIPI’s institutional image was reflected in the heights of the Panamanian skies.
Disclaimer
All content in this magazine is provided for informational purposes only. The editorial team strives to ensure it is as accurate, faithful, and up-to-date as possible. However, ASIPI is not responsible for omissions or typographical errors and reserves the right to update, modify, or remove the content and access to the magazine at any time. Responsibility for the opinions expressed in signed articles, studies, and other contributions lies solely with their authors.
ASIPI does not guarantee that the technical and operational functions of the digital magazine will be uninterrupted, error-free, or free from viruses or other harmful components. Under no circumstances will ASIPI be liable for any damage or harm resulting from the use or consultation of the magazine. The magazine may include links to external websites whose content and design are beyond ASIPI’s control. ASIPI is not responsible for the content, timeliness, accuracy, or quality of such external sites, nor should their inclusion be understood as an endorsement or promotion of third-party products and/or services.
editorial
INNOVATION AS A DRIVER OF DEVELOPMENT
In a world advancing at a breathtaking pace, innovation has become the driving force of transformation across all sectors of society. From technology to sustainability, education to business models, the ability to adapt and innovate defines the success and relevance of institutions in the 21st century. For the Inter-American Association of Intellectual Property (ASIPI), this focus holds particular significance, as intellectual property is, at its core, the bridge that transforms disruptive ideas into concrete realities that change lives.
In this new edition of MUNDO ASIPI , we place innovation at the heart of the conversation. Through in-depth analysis, exclusive interviews, and case studies, we explore how creativity and ingenuity are shaping the most dynamic sectors of our region. From emerging technologies to the impact of new intellectual property policies, this edition celebrates ASIPI’s role as a catalyst for innovation
while reaffirming our commitment to economic and social development.
Universities, startups, and productive sectors take center stage in this issue, demonstrating that innovation is not an isolated effort but the result of collaboration between brilliant minds and strategic sectors. We also examine the impact of the digital economy, which has accelerated the need for robust and flexible legal frameworks to protect intangible assets and foster a creation-friendly environment. In a time of global challenges and unprecedented opportunities, this edition of MUNDO ASIPI serves as a call to action. It invites our members and readers to reflect on how we can harness innovation as a tool to overcome barriers, build new realities, and strengthen the role of intellectual property in the region. We firmly believe that by uniting efforts, we can continue leading the way toward a more dynamic, inclusive, and sustainable future.
forefront
INNOVATING TO INNOVATE: RETHINKING INTELLECTUAL PROPERTY
IN THE ERA OF TECHNOLOGICAL DISRUPTION
We live in a historic moment defined by volatility, uncertainty, complexity, and ambiguity—a reality often described as “VUCA.” This environment is not merely a set of adverse conditions affecting the business world; it represents a new norm reshaping social, economic, and political dynamics. Transformation no longer occurs in linear or progressive terms; instead, we are undergoing an epochal shift: from consolidated, hierarchical structures to highly interconnected ecosystems marked by a “phygital society” (the fusion of physical and digital), the disruption of emerging technologies, and the rise of citizen movements that can mobilize globally in mere hours.
In this context, the rules of the game are no longer dictated by “500-pound gorillas”—megacorporations or historically powerful politicians—but by “clouds of mosquitoes”: citizen groups, agile startups, social movements, and distributed networks capable of reshaping markets and trends through collective intelligence and disruptive innovation. Furthermore, phenomena such as the COVID-19 pandemic, social upheavals, the proliferation of generative artificial intelligence, advancements in quantum computing,
and the constant tension between freedom of expression and digital misinformation compel us to rethink fundamental questions. It is no longer sufficient to answer old questions correctly; we must ask new ones that address emerging challenges. The greatest risk today is answering the wrong questions well.
In the realm of innovation and intellectual property (IP), this transformation is particularly evident. What is required is not merely a tactical adjustment but a profound reinvention. Intellectual property, historically conceived to protect and promote innovation, must adapt to a world where technological cycles are shorter, market boundaries are dissolving, open collaboration is becoming the norm, and ethical considerations are gaining prominence. Those of us working in innovation and IP must renew ourselves—in skills and approaches—to propose meaningful solutions for this new reality.
Below, I share some key trends impacting the world of business tied to innovation and outline ideas for rethinking and adapting value propositions related to intellectual property:
Acceleration of Technological Cycles and Shorter Value Capture Periods
In the 20th century, U.S. companies going public had an average lifespan of 76 years. Today, this figure has dropped to less than 20 years, according to the International Monetary Fund. This acceleration is even more pronounced in the technology sector, where companies face increasingly shorter innovation cycles. Tech giants like Google, Facebook, and Amazon have risen, matured, and dominated markets in timelines unimaginable decades ago. Similarly, the rapid obsolescence of digital products and services—driven by cloud dynamics, big data, and artificial intelligence—forces companies to capture value quickly.
This phenomenon presents a structural challenge for intellectual property. The patent system, traditionally slow and costly, must adapt. According to the World Intellectual Property Organization (WIPO), the number of international patent applications has grown exponentially in recent decades, demanding more efficient processes. Flexible mechanisms are needed to allow companies to protect their inventions without slowing innovation. This may involve dynamic policies, digital tools for patent examination, and legal reforms that accelerate rights recognition while balancing market urgency with innovation promotion.
New Forms of Technology Transfer
Technology transfer has evolved beyond the traditional model of simple licensing. The patent-licensing duo is no longer sufficient. Cloud platforms, the increasing relevance of Software as a Service (SaaS), and the widespread adoption of machine learning solutions have expanded how value is created and transferred. Instead of offering an intangible asset (a patent, know-how), companies now provide services, results, and comprehensive solutions supported by proprietary technologies.
In this context, customer centricity is becoming paramount for organizations. This not only refers to providing excellent service but also to maintaining control over the customer relationship, regardless of the underlying technology. Consequently, the customer relationship is no longer built solely through technology licensing but through brand engagement, contracts, and terms of use.
Thus, protecting IP now extends beyond patent registration to encompass a legal and contractual ecosystem, including trademarks, service agreements, terms and conditions of use, and intelligent data management. The customer relationship becomes the primary asset, with the
brand serving as the essential interface for technology transfer and protection.
Business Resilience Based on Execution and Value Proposition
Traditionally, an organization’s strength was measured by its proprietary technology. Today, resilience is evaluated through execution, flexibility, continuous learning, and the ability and speed to meet customer and community needs. Superior technology no longer guarantees success; instead, the key lies in creating holistic value propositions.
Studies by the World Economic Forum highlight that adaptability, organizational agility, and constant “learnability” have become decisive factors. Successful companies not only protect their inventions but also combine
them with robust market strategies, user-centric design approaches, and a deep understanding of socio-technological trends. This positions intellectual property in a more strategic role, integrating technology, market, and customer value into a unified axis.
The Evolving Role of Patents
Traditionally, patents were understood as legal instruments granting a temporary monopoly over an invention. However, this one-dimensional view is becoming obsolete. Today, patents play more complex roles: they promote knowledge transfer, encourage standards adoption, and serve as defensive tools against unfair practices, such as patent trolls.
Increasingly, technology companies are opening parts of their patent portfolios to accelerate the adoption of global standards, fostering broad-
er ecosystems that benefit entire industries. This cooperative approach has been championed by technology standardization consortia (e.g., the European Telecommunications Standards Institute or 3GPP in telecommunications) and by companies that recognize that global market growth can outweigh limited exclusivity.
Open Collaboration and Distributed Innovation Models
The paradigm of closed innovation—where companies develop products internally—has been displaced by open innovation. Collaboration with customers, competitors, universities, startups, and even the public sector facilitates access to larger pools of ideas and resources, enhancing the speed and quality of innovations.
However, open innovation poses challenges for intellectual property. Flexible licensing agreements, confidentiality contracts, shared ownership models, and patent consortia are required. Without effective IP management, conflicts may arise, making it imperative to innovate in managing and protecting IP to foster trust and shared value creation.
Conclusion: Innovating to Innovate
The intellectual property world must reinvent itself to remain relevant in a VUCA environment that is highly digitalized, collaborative, and global. If IP professionals fail to grasp the new complexities and challenges facing their clients, they risk being replaced by automated AI solutions. Added value will no longer lie in mechanical execution but in understanding business needs, connecting the dots, and crafting strategies that integrate IP into value creation.
The ultimate goal is clear: we must innovate ourselves to innovate, ensuring intellectual property remains a dynamic, flexible, and strategic tool serving innovation and social value. Preparing for this new scenario requires not only mastering legal techniques but also adopting a systemic, updated, and holistic vision capable of addressing today’s challenges and anticipating tomorrow’s opportunities. In doing so, we will continue to innovate to keep innovation thriving.
Dialogues
For this section of our magazine, we contacted some representatives of intellectual property offices and academic authorities who have been working - from their respective positions - in the defense, promotion and education of intellectual property in our region. Let’s find out about the challenges they face, the main initiatives they are promoting and their opinions on some relevant intellectual property issues.
LIC. CAMILO TRIGUEROS
Executive Director of the National Registry Center of El Salvador
Camilo Trigueros, Executive Director of the National Registry Center (CNR) of El Salvador, is leading a significant transformation in the country’s registry and cadastral management. His vision focuses on modernizing processes, digitizing services, and strengthening the legal framework to meet current and future demands. In this interview, Trigueros discusses the CNR’s most recent initiatives, the challenges they face, and the importance of international collaboration, particularly with ASIPI, to establish El Salvador as a leader in intellectual property.
1. ¿Qué modernizaciones están implementando en el Centro What modernizations are being implemented at the National Registry Center (CNR) and the Intellectual Property Registry (RPI)?
The National Registry Center (CNR) is an autonomous institution composed of five main units: the Real Estate and Mortgage Registry, the Commercial Registry, the Intellectual Property Registry, the Registry of Movable Property Guarantees, and the National Geographic and Cadastral Institute. These units, along with all our support areas, share a mission and vision: to contribute to the development of El Salvador by facilitating our registry and cadastral services.
To achieve this goal, we have set out to become a 100% digital entity focused on improving our services, optimizing operational efficiency, and offering innovative solutions. Furthermore, we aim to provide legal security through cutting-edge and highly secure technology. In this regard, we have established key cooperation agreements, such as our partnership with Google.
While advancing in digitization, we also value in-person services for those who prefer conducting their procedures face-to-face. For this reason, we are remodeling our facilities, both at our central headquarters and in our 14 regional offices. This effort aligns with President Bukele’s vision that public services should be “equal to or better than private ones.”
In terms of innovation, we have focused our efforts on meeting the needs of all our users. For instance, in the Commercial Registry, we have implemented the Simplified Joint Stock Companies (SAS) model, designed to facilitate the creation of businesses in a country that had to transform from being insecure to secure to create a favorable economic development environment. Now, SAS serves as a tool for economic growth, enabling companies to be established within hours.
Insecurity not only affected our economy; it also limited us within our own homes, instilling fear in exploring our country. To regain that sense of discovery, we created “EL SALVADOR MAPS,” a platform we offer to the world to showcase the new El Salvador. This tool provides updated territorial information for policy formulation, programs, projects, and strategic decision-making.
One example of this is the current growth of the real estate industry in our country. At the Real Estate and Mortgage Registry, we have accelerated our response times to support this development. Services such as requesting extracted or literal certifications of a property, which previously took 15 days to a month, are now processed entirely online with immediate responses; property sales are registered within a day.
In our Registry of Movable Property Guarantees, substantial guarantees have been made over the past two years through distinctive signs (trademarks). A prime example is an international airline that secured a $3 billion loan and a national laboratory with a $90 million loan, using their trademarks as collateral.
The Intellectual Property Registry has undoubtedly kept pace. Among the modernizations implemented is the new Intellectual Property Registry Law, set to take effect on February 15, 2025. Moreover, during 2024, the Intellectual Property School (EPI) and the Technology and Innovation Support Center (CATI) were strengthened. Programs supported by the World Intellectual Property Organization (WIPO) were also carried out, such as Generating Disruptive Ideas, PatentXplore, PI Infantil, Marcatón Mujer, among others.
“El Salvador has changed, and the CNR is changing with it.”
What challenges are you facing regarding new technologies?
We are working on adapting our IT systems to respond to the demand for requests in the digital environment. To achieve this, we have not only migrated a significant portion of our services to online platforms but also incorporated technological tools such as electronic signatures and seals. These tools enable us to process requests in shorter times, or even in real-time.
Additionally, we have launched 111 online services over the past three years, focusing on high-demand areas. This has greatly benefited users by simplifying procedures.
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In February 2025, the new Intellectual Property Law will come into effect in El Salvador. Could you highlight its most important aspects?
February will mark a turning point for intellectual property in El Salvador. The implementation of the new Intellectual Property Law will bring profound changes that strengthen the protection of intellectual rights and foster an environment conducive to innovation and economic development.
One of the most notable aspects is the unification of regulations, consolidating all areas of intellectual property into a single legal framework. This change not only simplifies the understanding of legal provisions but also creates a clearer and more predictable structure for users and legal practitioners.
Additionally, renaming the Intellectual Property Registry to the Salvadoran Institute of Intellectual Property (ISPI) symbolizes the institution’s renewal and commitment to innovation. This new identity aims to establish a stronger presence both nationally and internationally, reflecting its evolution into a reference office for intellectual property.
In a display of transparency and openness to best practices, the law was shared with ASIPI and other intellectual property management organizations to receive feedback and recommendations. This collaboration allows for the adoption of best practices from international IP offices, further strengthening the legal framework to benefit users.
The implementation of the ISPI Bulletin as the official medium for registral publication ensures transparency and access to information, enabling users to consult notices, applications, and other procedures publicly and easily.
As part of modernization, the law also promotes electronic processing, allowing users to manage their applications digitally and significantly reducing response times. This advancement underscores the institution’s commitment to innovation and international best practices.
The law also introduces strategic incentives to support small and medium-sized enterprises as well as educational institutions by offering discounts and exemptions on registration fees. These benefits aim to encourage greater participation in the intellectual property system, boosting the development of El Salvador’s productive and academic sectors.
Finally, the new regulations facilitate the transfer of rights using emerging technologies like artificial intelligence and blockchain, ensuring greater security and efficiency in transactions. Additionally, the law reinforces compliance with the Marrakesh Treaty to improve access to works for individuals with disabilities, aligning with government policies on social and educational inclusion.
“February 15 marks the beginning of a new era for intellectual property in El Salvador, with a modern regulatory framework and a renewed institution ready to meet the needs of the country and the world.”
How do you believe ASIPI could collaborate with your office to strengthen IP in the country?
Collaboration with ASIPI could significantly contribute to the strengthening of intellectual property in El Salvador. With its extensive experience and network of professionals across the continent, ASIPI has the potential to support our efforts by sharing best practices and aligning with international standards.
Through its comprehensive approach, ASIPI could help us identify key areas for developing innovative policies and improving processes while opening opportunities for training and updates on relevant topics for our professionals. Moreover, its participation in international forums and organizations would offer valuable insights crucial for consolidating a robust intellectual property system aligned with global demands.
Such collaboration could foster an environment that encourages creativity, investment, and the protection of intellectual property rights, benefiting both creators and the country’s economic and cultural development.
What is your vision for the upcoming seminar that ASIPI will organize in El Salvador?
Thanks to the vision of the current administration of the Intellectual Property Registry, soon to be the Salvadoran Institute of Intellectual Property, El Salvador has positioned itself as a reliable center for managing high-quality intellectual property applications.
This seminar represents an opportunity to showcase the progress our country has achieved in the field of intellectual property. For in-
stance, El Salvador ranks 18th out of 133 countries in the number of national trademarks, according to the latest Global Innovation Index (GII) report published by the World Intellectual Property Organization (WIPO).
In this context, my vision for the upcoming seminar organized by ASIPI in our country is to use this platform to consolidate these achievements and strengthen El Salvador’s image as a regional leader in intellectual property. The event will also serve to expand our cooperation networks and attract further initiatives and international agreements that continue to elevate the standard of our services.
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LUIS ARANCI b IA
President of the Board of Directors of LACTLD
In this edition of MUNDO ASIPI, we spoke with Luis Arancibia, President of the Board of Directors of LACTLD (Latin American and Caribbean Top Level Domains), a non-profit organization representing the administrators of country-code top-level domains (ccTLDs) in the region. In his role, Arancibia discusses LACTLD’s achievements and challenges in promoting internet security, strengthening domain management, and advancing digital transformation across Latin America and the Caribbean.
1. What is the purpose of LACTLD? How many members does it currently have?
LACTLD (Latin American and Caribbean Top Level Domains) is a non-profit organization representing the interests of country-code top-level domain (ccTLD) administrators in Latin America and the Caribbean.
Its purpose is to promote the use of domains and the Internet in Latin America and the Caribbean to contribute to the region’s economic and social development and to act as an active agent in the management and governance of the Internet.
Today, the association includes 31 member ccTLDs from the LAC region, six affiliate members, and ten observers.
Within the Internet Governance ecosystem and under the multi-stakeholder model, LACTLD is part of the Technical Community, alongside organizations such as LACNIC, LAC-IX, LAC-ISP, LACNOG, RedClara, and the regional offices of ICANN and the Internet Society. This group collaborates with other stakeholders, including governments, the private sector, civil society, academia, and users, to develop the Internet.
LACTLD also collaborates with three other Regional Organizations (ROs) representing ccTLD administrators globally: CENTR (Europe), APTLD (Asia-Pacific), and AfTLD (Africa).
What impact has LACTLD had on promoting internet access and security in Latin America and the Caribbean?
LACTLD actively promotes Internet security in Latin America and the Caribbean.
One of its flagship initiatives is the LACTLD Anycast Cloud, a unique regional, collaborative, and non-profit network. This initiative strengthens the DNS infrastructure, availability, and stability in Latin America and the Caribbean. Its collaborative structure efficiently utilizes participants’ infrastructure, ensures geographic and topological diversity, and encourages local traffic exchanges. Currently, the Cloud has 20 clients and 18 nodes across Latin America, Europe, and the United States. Its distributed nature enhances response times for user queries and bolsters the resilience and robustness of the Internet in the region. LACTLD has become a global pioneer in developing an Anycast Cloud built on collaboration and cooperation among its members.
Additionally, LACTLD leads the “Workshop for an Open, Secure, and Reliable Internet” alongside the Regional Technical Community. This initiative raises awareness about network stability and security through dialogue, knowledge sharing, and capacity building among judges, prosecutors, and law enforcement officials in Latin America and the Caribbean. Over its six editions, the workshop has become a platform for exchanging experiences and establishing collaboration networks. Its success demonstrates that training, knowledge exchange, and cooperation are effective methods for ensuring Internet integrity, stability, and reliability in the region. Strengthening relationships between ccTLD administrators and national authorities in the region enables effective responses to online abuses.
How does LACTLD collaborate with other international organizations to strengthen domain management in the region?
As mentioned, LACTLD works closely with international organizations to achieve this goal.
First, it collaborates extensively with its associate and affiliate members throughout the year. This collaboration takes two forms: through the association’s three Working Groups (Policy and Legal, Technical, and Commercial), which serve as platforms for discussion and exchange to address the interests and needs of ccTLDs in the region on specific topics. These activities, along with training initiatives, allow members to share best practices, receive specialized training,
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and enhance the management of their country-code domains. Many of the association’s projects and services are collaborative efforts, which help strengthen and promote domain management in the region while driving digital transformation. Notable projects include a study on DNS measurement in the region (focusing on ccTLDs) and the Unified Domain Search Tool.
Second, LACTLD works with organizations from the Regional Technical Community (ICANN, LACNIC, Internet Society, LACNOG, LAC-IX, RedClara) to address strategic topics for Internet development in the region and carry out joint initiatives that add value to the broader com-
munity. Notably, many of these organizations, along with the Public Interest Registry, sponsor LACTLD’s in-person workshops, which unite efforts, share topics of interest, and build capacities among ccTLD administrators in Latin America and the Caribbean.
Can you tell us about the development of the Unified Domain Search Tool? When was it launched, and what are the expectations for this initiative?
The LACTLD Unified Domain Search Tool (https://buscador.lactld.org/) provides a single location where users can check whether a domain
is available for registration in any ccTLD in Latin America and the Caribbean. A search query returns all available and registered domains for the queried name. Users can then choose to be redirected to the relevant ccTLD website to proceed with registration or access public information.
Currently, 16 ccTLDs are integrated (.AR, .BR, .CL, .CO, .CR, .DO, .EC, .GP, .GT, .HN, .MX, .PE, .PR, .PY, .SV, and .UY), representing 96% of all registered domain names in the region. The service was launched in beta in June 2023.
As a pioneering initiative in the Internet ecosystem, the Unified Domain Search Tool is a milestone for Latin America and the Caribbean, addressing the need to systematize currently fragmented information. Before its launch, users had to individually check the availability of a domain on each ccTLD’s website. Now, the user experience is transformed, providing consolidated information on registered and available names in a single query.
This project not only enhances domain name registration processes but also promotes digital transformation across the region. It is a collaborative effort by LACTLD members, who identified regional needs, proposed a solution, and built the search engine from scratch.
What are LACTLD’s upcoming projects?
Looking ahead, LACTLD aims to strengthen the Anycast Cloud and the Unified Domain Search Tool. Additionally, it is collaborating with the DNS Research Federation (DNSRF) and NIC Chile Labs on the study “Measuring DNS in Latin America and the Caribbean: Toward Developing Regional Indicators,” to be released in January 2025.
This report will explore, measure, and analyze the main characteristics and trends of the DNS ecosystem in the region, focusing on the ccTLD community. By building a comprehensive data matrix for DNS analysis, this study seeks to deepen understanding of the ecosystem and its key variables while identifying development opportunities for the ccTLD community.
SERGIO AMENÁbAR AND MARTÍN MICHAUS: LEADERS OF
THE INTERNATIONAL TREATIES
COMMISSION
In this edition of MUNDO ASIPI, we interview Sergio Amenábar and Martín Michaus, prominent members of our association and leaders of the International Treaties Commission. This recently established commission was created to analyze, monitor, and provide guidance on international treaties directly or indirectly related to intellectual property. In a global context where technological advancements and geopolitical dynamics are rapidly transforming paradigms, this commission aims to position ASIPI as a key player in the field.
Sergio Amenábar Coordinator of the International Treaties Commission
Martín Michaus Coordinator of the International Treaties Commission
1. Why and how was the ASIPI Special Commission on International Treaties created?
The ASIPI Special Commission on International Treaties was established, in accordance with the association’s statutes, as an initiative proposed by both of us to the President of the association. We deemed it indispensable to reestablish a commission exclusively dedicated to studying and evaluating international treaties under negotiation or already signed by countries in the Americas, which are directly related to intellectual property. This includes treaties focused on copyright, industrial property, and topics like environmental protection, climate change, natural resources, cultural heritage, free trade, artificial intelligence, cybersecurity, investment, and other matters indirectly linked to intellectual property.
As historical context, it is worth noting that an International Committee existed between 1995 and 2010, advising ASIPI on studies and positions regarding treaties such as the PCT, the Madrid Protocol, the TRIPS Agreement, the failed Free Trade Area of the Americas, and various Free Trade Agreements signed by member countries. This committee recommended that ASIPI express its positions openly and without self-censorship.
A new international order is emerging, where accelerated technological changes, geopolitical strategies, public policies, shifts in consumption patterns, competition frameworks, and ethical dilemmas can positively or negatively impact the region. This is true for both the negotiation processes of some treaties and the implementation of already signed agreements.
2. What are the objectives and the work plan?
A. Objectives:
1. To advise the Executive Committee and ASIPI on the implications, actions, and policies derived from monitoring and studying international intellectual property treaties and related matters. This includes providing guidance in areas where ASIPI participates as an observer at WIPO and other international organizations.
2. To cooperate with the Executive Committee in preparing its international agenda and participating in matters at WIPO as an observer. The commission will also provide experts, either from its members or external specialists, to advise in meetings with governments, in-
ternational organizations, and other associations. Additionally, the commission will prepare panels and resolutions on international matters.
3. To evaluate the effects of international treaties already signed by member countries and advise ASIPI and those countries on actions to enhance positive impacts and mitigate or eliminate negative effects. It will also identify and propose solutions to conflicts arising from signed or prospective treaties.
4. To recommend that ASIPI maintain a dynamic international policy rooted in its history and aligned with the interests of its active member countries.
B. Work Plan:
1. The commission was formally integrated during the ASIPI conference in Panama in December 2024, with distinguished association members such as María del Pilar Troncoso, Elizabeth Siemsen, Audrey Williams, Guiselle Reuben, Andrés Mellosi, Fabrizio Módica, and us.
2. The structure of the commission will be defined.
3. The following tasks will be undertaken:
A. Analyzing various international treaties on intellectual property administered by WIPO.
B. Conducting a study of the countries in the Americas (with ASIPI members) that are parties to these treaties and those that are not, to provide tailored recommendations or strategies supporting implementation or adherence to international instruments based on their public policies.
C. Reviewing free trade agreements or other treaties with implications for intellectual property, as mentioned in the response to the first question.
4. In coordination with the Executive Committee, committee presidents, and delegates, information will be requested regarding the application or implementation of international treaties and their impact in different countries.
5. Monitoring will be carried out, including treaties under WIPO related to Intellectual Property and Access to Genetic Resources, Tra-
ditional Knowledge, Industrial Designs, and negotiations on draft treaties concerning Traditional Knowledge and Traditional Cultural Expressions.
What is the current focus of the commission’s work?
Given the recent integration of the commission, its structure will be defined soon, and priority topics for study will be established. Recommendations will be issued to the Executive Committee as needed. Additionally, ongoing negotiations at WIPO regarding certain treaties will continue to be monitored.
4. Why is it important for ASIPI to engage in these topics? What value can it bring?
According to ASIPI’s statutes (Article 2), the association must propose initiatives related to international agreements on intellectual property, which can serve as guidelines for the protection of these rights in the Americas. ASIPI also adopts resolutions on various topics within its scope.
In line with ASIPI’s core mission and statutes, it is essential to maintain permanent involvement in these topics, actively participating in international organizations’ negotiation processes for various treaties. This involvement includes supporting member governments and association members upon request by providing recommendations, suggestions, or strategies that benefit them.
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MARLON A. WERNET
Head of Interpol Curaçao
As part of ASIPI Panama, we had the honor of interviewing Mr. Marlon A. Wernet, Head of Interpol Curaçao, who shared his experiences and reflections on the importance of ASIPI events and their impact on combating intellectual property crimes. During this conversation, Mr. Wernet highlighted not only the knowledge he gained but also the significance of networking and institutional support in addressing challenges in this field.
What value do you believe this event and your connection with ASIPI bring to your work?
Mr. Marlon A. Wernet: Good afternoon, it is an honor for me to be here at the ASIPI conference in Panama. I must answer your question in the following way: I am new to this field. A year ago, I was not involved in intellectual property, IP crimes, etc., but as Head of Interpol Curaçao, we had to prepare for the Interpol IP Crimes conference held in Curaçao in September. For us, the preparation focused heavily on anti-piracy efforts.
Since September until now, I am participating for the first time in this conference, and in just three days, I have realized that the issues extend far beyond piracy. There are many disciplines and an interconnectedness among them: scientific, legal, innovation, technology, empirical studies, the involvement of universities, and the development of products from academia to the public. This interconnectedness, this comprehensive approach, is incredibly valuable.
Another critical aspect is gaining insights into future developments—the trends for the next 5 or 10 years—and understanding what institutions or individuals can do to face these challenges in a positive way, innovate, and adapt to what lies ahead. This is what I have learned over these three days here.
The second key aspect is meeting people from diverse disciplines. The networking opportunities allow you to forge lasting communication ties across Latin America, the Caribbean, and the world. It is
magnificent. You will not easily find a perfect mix like the one ASIPI conferences provide. I am deeply grateful for that.
What specific actions could ASIPI take to support you, your team, or your sector?
Mr. Marlon A. Wernet: The first thing is that I will approach the organization—I want to formally become a member of the Association. Next, we will write to ASIPI’s governing body to request their assistance in guiding us on how we, as organizations in the Caribbean, can participate structurally and fully integrate into ASIPI, as Latin American countries do. What do we need to do? How can you help us? How can you support us? For instance, how can you assist us with capacity building and guide us through this process?
I believe this is fundamental. Providing us with opportunities—virtually, as we did on the 29th, but also with formal invitations—will enable us to participate more actively in all ASIPI activities. Rest assured that I will do everything possible to invite everyone in the field in the Caribbean, especially in Curaçao, Aruba, Bonaire, and St. Maarten, because what they will learn will be crucial for the positive development of these countries and my own. Let me assure you—we will meet in El Salvador.
The participation of Mr. Wernet at ASIPI Panama underscores the importance of creating spaces for knowledge exchange and network building in the field of intellectual property. Without a doubt, this marks the beginning of a promising relationship between ASIPI and Interpol.
between the lines
INTELLECTUAL PROPERTY IN THE SPACE ECONOMY: AN UPDATED PERSPECTIVE
The protection of Intellectual Property Rights (IPR), encompassing patents, copyrights, trademarks, and trade secrets, remains a cornerstone for advancing the fifth industrial revolution, commonly referred to as the Space Economy. This burgeoning sector, valued at over $600 billion in 2024 and projected to exceed $1 trillion by 2030, is fueled by innovations spanning satellite communications, space exploration, remote sensing, navigation systems, and advanced manufacturing technologies. As space activities increasingly involve private enterprises and multinational partnerships, robust IPR frameworks will be essential for fostering innovation, securing investments, and maintaining competitive advantages.
Current Landscape of IPR in Outer Space
International treaties and agreements addressing outer space activi-
ties, including the 1967 Outer Space Treaty, primarily focus on principles of shared access and non-appropriation. While these principles ensure that space remains the “province of all mankind,” they introduce ambiguities concerning the protection and enforcement of intangible assets like intellectual property.
Article II of the Outer Space Treaty prohibits claims of sovereignty over outer space, complicating the application of territorial intellectual property laws. However, Article VIII provides a mechanism for jurisdiction by stipulating that a state retains control over objects launched under its registry and their personnel, potentially enabling the application of national IPR laws.
The 1998 International Space Station Intergovernmental Agreement (ISS Agreement) marked a significant step by explicitly addressing IPR.
Samson Williams UNH Franklin Pierce School of Law
George S. Pullen UNH Franklin Pierce School of Law
Aldo Fabrizio Modica Secretary of ASIPI ACADEMIA
Article 21 specifies that activities occurring on a partner state’s flight element are deemed to occur within that state’s territory for patent purposes. Yet, this provision is limited in scope, leaving gaps for copyrights, trademarks, and other forms of intellectual property.
More recently, the 2020 Artemis Accords have encouraged bilateral agreements to include IPR provisions, signaling progress toward more comprehensive protections. Despite these advancements, international consensus remains elusive, creating uncertainties for businesses and governments seeking to commercialize space-based technologies.
Challenges and Opportunities in IPR Regulation
The absence of explicit international frameworks governing IPR in outer space poses risks to innovation and investment. Companies face challenges in securing exclusive rights to their creations, deterring highrisk ventures essential for the Space Economy’s growth. Additionally, the lack of harmonized standards complicates cross-border collaborations, a hallmark of modern space projects.
To address these challenges, several pathways are under consideration:
1. Expanding Existing Treaties: Extending international IPR treaties such as the Paris Convention for the Protection of Trademarks and Patents, the Berne Convention for Copyright and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) to cover space activities could provide immediate relief without requiring entirely new agreements.
2. National Legislative Initiatives: Countries can enhance their IPR laws to encompass space activities. For example, the U.S. Patents in Space Act of 1990 already considers inventions made on U.S. space objects as domestic innovations, subject to international
agreements. Other nations could adopt similar legislation to protect their interests and incentivize innovation.
3. Developing New Treaties: While time-intensive, crafting treaties specifically addressing IPR in space would provide a robust and universally accepted framework. These treaties could incorporate mechanisms for dispute resolution, enforcement, and recognition of IPR across jurisdictions.
The Economic Imperative
The Space Economy’s rapid expansion underscores the urgency of establishing clear IPR protections. Industries leveraging satellite data for agriculture, climate monitoring, and telecommunications, as well as companies pioneering in-space manufacturing and asteroid mining, require certainty to thrive. Furthermore, the monetization of space-based entertainment, such as immersive virtual reality experiences derived from space missions, highlights the growing role of copyrights and trademarks. Countries investing in space activities stand to gain significant economic and strategic advantages. By prioritizing IPR frameworks, they can attract private investment, stimulate technological advancements, and position themselves as leaders in the global space race.
Conclusion
As humanity extends its reach beyond Earth, intellectual property protection will be pivotal in shaping the trajectory of the Space Economy. Governments, international organizations, and private enterprises must collaborate to create adaptive and enforceable IPR systems that reflect the unique challenges of outer space. By addressing these gaps, the global community can unlock the full potential of space as a domain for innovation, economic growth, and shared prosperity.
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b RAND RESTRICTIONS: A GLO bAL PHENOMENON
In an increasingly regulated world, measures aimed at protecting consumers and safeguarding public interest may limit the exercise of intellectual property rights held by companies or individuals. In the trademark realm, these restrictions can take various forms, such as:
• Plain packaging.
• Highly standardized packaging designs.
• Prohibitions on the use of trademarks and branding elements.
• Mandatory health warnings.
The following sections provide a brief explanation of each of these restrictions, supported by examples of their application in real-world scenarios.
Plain Packaging
Plain packaging removes distinctive elements of a brand, such as logos, specific colors, unique typography, and striking visual designs. Instead, products must be presented in uniform packaging with neutral colors and the brand name displayed in a standard format. This measure is generally used to discourage the use of certain products, such as tobacco.
This was the case of Australia in 2011, the pioneer in implementing generic packaging for tobacco products under the Plain Packaging Act. Since then, cigarette packs must be of a neutral color, specifically olive green. They are also required to display images illustrating the health risks
associated with tobacco use. Since its introduction, this measure has been adopted in countries such as France and the United Kingdom.
Highly Standardized Packaging
A restriction closely related to plain packaging seeks to limit the shapes, sizes, materials, and other packaging characteristics, reducing the possibility of using innovative designs to stand out from competitors. Although less restrictive than plain packaging, this approach regulates aspects that could influence consumers’ purchasing decisions.
One practical example also involves tobacco, this time in Norway. In 2017, a law came into effect mandating standardized packaging for tobacco products in the country, including “snus,” small pouches of powdered tobacco. Since then, these products have been sold in uniform packaging, preventing them from appearing more attractive than other similar products.
Prohibitions on the Use of Trademarks and Branding Elements
Some regulations go beyond packaging design and completely prohibit the use of certain branding elements, such as logos, slogans, or images associated with a brand. These prohibitions aim to eliminate any emotional or aspirational connection that consumers may have with the product.
In Latin America, Chile and Mexico have implemented some of the strictest measures of this kind. For instance, in Mexico, the Official Mexican Standard NOM-051, implemented in 2020, requires products high in sugar, sodium, or saturated fats to include warning labels and prohibits the use of children’s characters and visual elements targeting children. This regulation has significantly impacted the food industry, which previously used such designs to attract a younger audience.
Health Warnings
Brand restrictions also include the imposition of prominent health warnings on packaging. These warnings often feature shocking images, clear textual messages, and a significant size that frequently covers a substantial portion of the package, leaving little room for brand identification.
A prime example of this is the regulations introduced in various countries to warn consumers when food products are high in sodium, sugar, or saturated fats. Countries such as Canada, Mexico, and Colombia have im-
plemented laws specifying which products must carry warnings on their packaging, including the size, design, and placement of these warnings.
On the other hand, we return to the case of tobacco. One of the clearest examples of these warnings is those legally required on tobacco packages in many countries. These warnings vary in format but generally feature striking images of the effects of tobacco on people’s health, accompanied by text referencing these effects. According to a report published this year by the Canadian Cancer Society, 138 countries currently mandate health warnings on cigarette packages.
With all these examples, it is easy to see how brand restrictions have become a global phenomenon. As part of government efforts, these regulations profoundly impact the relationship between brands and consumers. On the one hand, they reduce companies’ ability to differentiate their products and build brand loyalty. On the other hand, they prioritize public health objectives by limiting the appeal of harmful products.
While the outcomes vary by industry and country, these restrictions challenge brands to reinvent their connection with consumers, focusing on strategies that go beyond traditional packaging.
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TRADE SECRETS AND CURRENT TRENDS IN CHILE
Introduction
A trade secret is defined as confidential information that enjoys special and rigorous protection. This undisclosed information, which an individual or entity possesses and that can be used in productive, industrial, or commercial activities, must meet several fundamental criteria1
Owning trade secrets gives its holder a significant competitive advantage over third parties, increasing its value to the company in both commercial and manufacturing contexts. To ensure its proper protection, it is essential that this information be clearly identified as a trade secret and effectively safeguarded in accordance with legal provisions. This includes the implementation of security policies, confidentiality agreements, and physical and technological measures that limit access to sensitive information.
Chilean Context
In Chile, trade secrets are regulated by various laws, including the Industrial Property Law (No. 19,039), the Unfair Competition Law (No. 20,169)2, and the Criminal Code. With the recent reform to legislation on economic crimes, the former Article 284, which dealt with factory secrets, has been replaced by six new articles (Articles 284 to 284 sexies). These new provisions establish a much more detailed and comprehensive framework, better suited to current needs, for the protection of information considered confidential3.
The Chilean Criminal Code, in Article 284 sexies, refers to the Industrial Property Law to define what constitutes a trade secret, establishing that it will be understood as such any information that meets the requirements set out in that law. These requirements include that the information must
WIPO MAGAZINE - Article “Protecting Trade Secrets: How Organizations Can Meet the Challenge of Taking ‘Reasonable Steps’” - By John Hull, Queen Mary Intellectual Property Research Institute, London (UK) - https://www.wipo.int/web/wipo-magazine/article-details?assetRef=41043&title=protecting-trade-secrets-how-organizations-can-meet-the-challenge-of-taking-reasonable-steps Chilean Law 20169, which regulates unfair competition. Chilean Law 19039, which establishes rules applicable to industrial privileges and protection of industrial property rights.
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be: 1) secret, 2) have commercial value due to its confidential nature, and 3) that reasonable measures have been implemented to maintain its secrecy.
Using Trade Secret Protection Can Be Beneficial
Patentability requirements, which include novelty, inventive activity, and industrial application, serve as significant barriers to market entry. These criteria protect a broader spectrum of subjects and ensure that only inventions that genuinely contribute something new and non-obvious can be patented. This not only fosters innovation but also limits competition by establishing standards that competitors must meet in order to develop similar products. Furthermore, patentability can incentivize companies to invest in research and development, knowing their inventions will be legally protected.
One of the most notable advantages of trade secrets is their indefinite duration, as long as the information remains secret. In contrast, patents typically have a maximum duration of 20 years from the filing date. This difference is crucial for companies that possess valuable information which may be difficult to patent or does not meet patentability requirements. The ability to maintain a trade secret indefinitely can be more appealing for certain business strategies, especially in industries where innovation is fast and continuous. Costs associated with obtaining and maintaining patents can be significant, including application fees, legal fees, and defense costs in the event of infringement. In comparison, trade secrets do not require a formal registration process, which can result in considerable savings. However, maintaining a trade secret may also involve costs related to implementing security measures and training employees to protect confidential information, ensuring the intended protection is effective.
Trade secrets offer considerable flexibility compared to patents. They can cover a wide range of information, from manufacturing techniques to customer lists and marketing strategies. This breadth allows companies to protect assets that are not necessarily patentable, such as formulas, processes, and business methods. Moreover, the lack of formal protection requirements allows businesses to adapt quickly to market changes without the restrictions imposed by patents. Likewise, when properly identified and managed according to the law, trade secrets provide their owners with various legal actions in case of misuse. This includes the possibility of suing those who acquire the information unlawfully or, hav-
ing had legitimate access, use or disclose it without authorization. Legal actions may include claims for damages and interim measures to prevent future disclosure. This legal framework offers businesses a powerful tool to protect their confidential information and maintain their competitive edge in the market.
It is crucial to bear this in mind for all confidential information from the moment of its creation. Appropriate protection measures must be implemented until the type of legal treatment or protection, whether through patents, trade secrets, or other forms of intellectual property protection, is evaluated and decided. This approach not only minimizes the risk of unauthorized disclosure but also maximizes the strategic value of innovation, enabling the company to maintain its competitive advantage in the market.
Organizational Culture: Fostering an Environment that Prioritizes Confidentiality and the Handling of Sensitive Information
For information to qualify as a trade secret, it must be secret in the sense that it is not, as a whole or in the precise configuration of its components, generally known or readily accessible to persons within the circles that normally handle this type of information. This implies that the information must be sufficiently specific and not obvious to those with expertise in the relevant field. Non-public disclosure and control over access are essential; for example, a company may restrict access to this information to a limited number of employees and use confidentiality agreements to protect it.
The information must have a commercial value derived from its secrecy. This means that the information provides its holder with a competitive advantage in the marketplace, either through process improvement, cost reduction, or the creation of innovative products. This value can be tangible, such as increased sales, or intangible, such as brand reputation. The ability of the information to generate economic benefits is a key criterion for its classification as a trade secret. For example, the formula for an exclusive product or an innovative marketing strategy can be extremely valuable if it is kept secret and managed as such.
Conclusion
Finally, the information must have been subject to reasonable measures taken by its legitimate holder to keep it secret. This includes the im-
plementation of appropriate security policies, such as the use of access control systems, the marking of documents as confidential, and the training of personnel on the importance of confidentiality. Companies should establish clear protocols for handling sensitive information, ensuring that all employees understand the consequences of unauthorized disclosure. In addition, the existence of non-disclosure agreements (NDAs) with employees, suppliers and business partners is essential to protect confidential information and establish a legal framework in case of violations. In the field of intellectual property, the protection of confidential information and trade secrets is essential to safeguard a company’s competitiveness. To this end, it is crucial to implement general measures such as the formalization of Non-Disclosure Agreements (NDAs)4 that extend not only to employees, but also to suppliers and business partners, ensuring that everyone involved understands the importance of confidentiality. In
addition, the classification of information according to its level of sensitivity allows controlled access, ensuring that only authorized personnel can handle critical data. In addition, robust physical and digital security policies must be established, including access control and data encryption systems, as well as the compartmentalization of information to minimize risks. Ongoing employee training on trade secret management and internal policies is essential to foster a culture of protection. In addition, regular audits and monitoring can detect and prevent information leaks, while exit policies ensure that employees who leave the company return all confidential information and remember their confidentiality obligations. Finally, it is vital to document all efforts made, including protocols, NDAs and trainings, to comply with legal requirements and to be able to take effective action in case of violations, thus ensuring that trade secrets are effectively dealt with.
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Artificial Intelligence (AI) is reshaping industries globally, and the Intellectual Property (IP) profession is no exception. This article explores how AI impacts IP agents, highlighting opportunities, challenges, and the evolution required to adapt.
1. AI’s Role in Intellectual Property Management
AI integration in IP processes enhances efficiency, automating tasks such as patent searches, trademark monitoring, and copyright infringement detection. Tools leveraging machine learning and natural language processing (NLP) perform rapid analyses of prior art, identify potential conflicts, and assist in evaluating patentability.
Beyond patents and trademarks, AI is making significant strides in other areas of IP practice. For instance, AI-powered systems are increasingly used for case law searches, streamlining access to case precedents. Similarly, copyright enforcement has been bolstered by AI tools capable of detecting unauthorised use of protected works online, from pirated videos to plagiarised written content. In combating counterfeit products, AI systems analyse online marketplaces, flagging suspicious listings and helping IP agents take swift enforcement action. These applications streamline the traditionally manual and time-intensive tasks, enabling faster, more precise outcomes.
2. Opportunities for IP Agents
Informed Decision-Making
AI empowers IP agents with predictive analytics, enabling better assessment of patent success rates or trademark defence strength. Such tools enhance strategic planning and client counsel.
Administrative Automation
Repetitive tasks, such as docketing deadlines and drafting standardised documents, can now be automated. This allows agents to allocate more time to complex, high-value tasks.
Global Competitiveness
AI tools simplify navigating international IP laws and jurisdictional requirements. This equips agents to operate effectively in global markets.
3. Challenges Introduced by AI Legal and Ethical Dilemmas
AI’s growing presence raises critical legal questions, including ownership of AI-generated creations. Courts and legislators are debating whether AI can be recognised as an inventor or author under existing IP laws, complicating IP agents’ advisory roles.
Transparency is essential when using AI tools to ensure unbiased rec-
ommendations. Data privacy concerns also emerge, especially under regulations like the General Data Protection Regulation (GDPR).
Technological
Skill Gap
The adoption of AI requires IP agents to learn new technological skills, from understanding algorithms to operating AI systems. This transition may challenge professionals accustomed to traditional workflows.
Over-Reliance on AI
AI lacks the contextual understanding and strategic foresight inherent in human judgment. An over-reliance on AI tools may compromise nuanced legal counsel and risk management in complex cases.
4. Evolution of the IP Agent’s Role
Strategic Advisor
The role of IP agents is shifting from routine practitioners to strategic advisors. With AI handling repetitive tasks, agents can focus on guiding clients through complex IP landscapes with tailored solutions.
Interdisciplinary Expertise
To fully leverage AI, IP agents must acquire knowledge of AI systems, programming basics, and data analytics, ensuring their advice remains relevant in a tech-driven legal landscape.
Collaborative Development
IP agents increasingly collaborate with AI developers to refine tools. Their expertise ensures these systems meet professional standards.
5. Regulatory Implications
Regulators are adapting to AI’s influence on IP practices. Patent offices, including the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO), explore AI in their examination processes. However, regulatory clarity is critical to address transparency and ensure fair outcomes.
AI’s role in assessing prior art, for example, raises questions about its influence on patentability decisions. IP agents must advocate for guidelines that define AI’s extent of involvement in legal determinations.
6. The Future of IP Practice
AI’s integration into IP workflows will deepen as technology evolves, but human expertise remains indispensable. AI offers insights but cannot replicate the creativity and judgment IP agents bring.
The profession’s future lies in adopting AI as an enabler. IP agents who harness AI to enhance their expertise can deliver superior client outcomes and retain their relevance in a rapidly changing environment.
7. Recommendations for IP Professionals
To thrive in this AI-driven evolution, IP agents should:
1. Pursue Continuous Learning: Acquire knowledge of AI technologies through specialised courses and training.
2. Adopt AI Tools Wisely: Select tools that complement human expertise without overshadowing it.
3. Advocate for Regulation: Engage with policymakers to shape AI’s role within IP frameworks.
4. Maintain a Client-Centric Focus: Use AI to deliver tailored advice to build client trust.
Conclusion
AI is profoundly influencing the intellectual property profession, offering unprecedented opportunities while introducing new challenges. By automating routine tasks and providing advanced analytical tools, AI enhances efficiency and decision-making. However, legal, ethical, and professional concerns must be navigated carefully.
The IP profession must embrace AI as a partner, not a replacement. By integrating AI into their practices and maintaining the human elements of judgment, creativity, and empathy, IP agents can continue to thrive in the evolving landscape of intellectual property law.
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FASHION LAW
DRESSES UP IN TECHNOLOGY
Fashion Law is a specialisation of law that provides legal advice to people and companies related to the fashion, textile, luxury and retail industries. To date, it has two major trends, one is sustainability in the fashion industry and the other is the use of technologies. While in previous opportunities we have explained about sustainable fashion, its importance and categories, in this article we will explain about the use of technology by the fashion industry.
We could say that fashion has always used technology, for example in the innovation of its materials or in the creation of websites. However, in order to transcend in future generations, it was Louis Vuitton who realised that there was potential to dress avatars, launching its first collection in the video game Final Fantasy XIII, which has now been imitated by more than one luxury brand: for example, the video game Fornite has a clothing and accessories shop called ‘Skins’ and has launched collections in collaboration with the Avengers or with the singer Ariana Grande, among others.
vian designer Anaiss Yucra launched her avatar clothing collection.
Likewise, virtual clothing websites have emerged, such as dressx.com, where you can buy dresses that do not exist in reality, or the Gucci application that sells virtual trainers that do not physically exist.
It is worth noting that the fashion industry was one of the first to use non-fungible tokens (NFTs)1 and that practically all luxury brands have coined NFTs, from Gucci, Louis Vuitton, Prada, Tiffany to sports brands such as Nike or Adidas. There was even a Metaverse Fashion Week, with a big fashion show in the metaverse of Decentraland, as well as the Threedium Plaza shopping centre where you could buy a Donna Karan handbag by acquiring an NFT, among other items.
It is important to note that with the pandemic came an incredible acceleration not only because of the migration from the physical shop format to the virtual shop, but also because the use of avatar models that are not flesh and blood but were created by the imagination became exponential. Lil Miquela, for example, is an avatar model who has more than 2 million followers on Instagram and who to date was hired by brands such as Moschino. There is also the Zepeto platform, where Peru-
It should be noted that the world-famous case of NFT was precisely that of the luxury fashion brand Hermès, which sued crypto-artist Mason Rothschild in the New York court for misusing its trademark and commercial image and creating confusion among its customers, given that he created an NFT called Metabirkin without Hermès’ authorisation. For his part, Rothschild stated that he was not selling counterfeit Birkin bags but works of art and that he was invoking freedom of speech under the First Amendment to the US Constitution. On 8 February 2023, the Court ruled in favour of Hermès and that year the NIZA classification indicated that NFT’s could be registered in class 9.
It is anticipated that three types of business will be generated:
a. Digital to Digital: virtual goods that are only marketed in the metaverse through NFTs.
b. Digital to Physical: virtual products that will be purchased in the metaverse (NFT’s) and then physically shipped to the customer.
c. Physical to Digital: the physical product that will also be found in its digital version.
Technology continued to evolve and with it the use of Artificial Intelligence (AI). The European Union has published in March 2024 the AI Regulation where it classifies several risks for its use such as Unacceptable, High Risk, Limited Risk and Minimal Risk, and other countries are regulating it as well, for example Peru., The fashion industry has been using it for several years now, either to learn about future trends, personalise the customer experience, implement virtual fitting rooms or create virtual assistants that can answer users’ questions and offer product recommendations.
Likewise, many designers, fashion influencers and other people linked to the industry use Chat GPT or Gemini to create texts and/or scripts for their social networks, as well as to obtain designs from fashion designers. The latter might, however, infringe the copyright of models, influencers or artists, since generating images of their likeness without their consent in Peru violates the right to image, established in article 15 of the Civil Code.
On the other hand, in 2023 the first AI Fashion Week was organised by the creative studio IA Maison Meta, created by the consultancy Trendland with Revolve Group, which showcased virtual proposals designed using generative AI.
Likewise, in July 2024, the Mango brand launched an advertising campaign for the Sunset Dream collection, the Mango Teen line for teenagers, creating images of people by AI, which caused a stir and even generated the hashtag #falseadvertising, as it began to be debated whether it would no longer be necessary to hire a human model, but that AI would simply replace it.
In conclusion, we are witnessing a galloping evolution of the use of technology in the fashion industry and that surely in the coming months will develop further, but the important thing is that brands and fashion designers must be attentive to these changes because as Darwin says: ‘It is not the strongest that survives but the one that adapts the fastest to change’.
Asesoría jurídica de alta calidad, respaldada por experiencia y enfoque en soluciones integrales y efectivas.
Diagonal 6 12-42, zona 10, Edificio Design Center, Torre I, Nivel 3, oficina 301, Guatemala, Guatemala
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DUAL SYSTEM OF TRADE DRESS PROTECTION
Control of unfair competition is the main target guiding our contemporary industrial property systems. This principle, provided since 1883 in Article 10 bis of the Paris Convention for Protection of the Industrial Property (Paris Convention) prohibits any action that may induce public into error, discredit competitors or produce confusion in the market.
According to this idea, US courts have sanctioned since more than one century those persons imitating with bad faith the trade dress of a competitor to obtain a commercial profit. This intellectual property assumption has been subject matter of legal protection since the beginning of 20th century, as evidenced in the case Charles E. Hires Co. vs. Consumers’ Co., 100 F. 809, 1900 U.S. App. LEXIS 4309 (7th Cir. 1900).
Trade dress may be defined as the “is the overall commercial image (look and feel) of a product or service that indicates or identifies the source of the product or service and distinguishes it from those of others”1. Trade dress was officially adopted in Mexico by means of the amendment to the Industrial Property Law published on January 25, 2006. An infringement ground was provided in said amendment to sanction those persons imitating operation and image elements to induce into an error or pretend a relation between the owner of the protected rights and the unauthorized user (Article 213 Section XXVI) of the Industrial Property Law, currently revoked).
Sudden transfer of legal institutions of other systems may create difficulties. In this case, absence of a specific registry right for the trade dress
represented significant challenges for the Mexican authorities that faced doubts about the possibility of sanctioning the simple imitation of a trade dress, that since it was not registered, it did not bear a formal acknowledgement in the national trademarks system.
Exclusivity on distinctive sings have been traditionally associated in the Mexican law to the granting of a trademark registry2. However, this formal view has become flexible with time, thus allowing the coexistence of dual protection assumptions. These assumptions acknowledge rights resulting from the use of a distinctive sign, and they offer at the same time the possibility of being awarded with a registry to supplement such protection. A clear example of this evolution may be found in the notorious and famous marks, which exclusivity is acknowledged without the need of a registry as per the provisions of Article 6 Bis Paris Convention. Nevertheless, the option of being granted with an official declaration of notoriousness or fame is also considered, and this allows the owner to be awarded with a formal acknowledgment of its rights without the need of bringing a lawsuit3
First relevant case of trade dress in Mexico
The first landmark case on trade dress in Mexico involved one of the main food companies in the country, that brought a claim against a competitor for the imitation of a trade dress of its emblematic product “Paleta Payaso”. Images of the packing under controversy are shown hereinbelow:
product Infringing product
This matter became notorious upon being analyzed by the Second Hall of the Supreme Court of Justice of the Nation (SCJN, for its initials in Spanish) to resolve some fundamental questions. In summary, the SCJN ruled that the trade dress is a representation of the industrial property right that must be protected even if it is not associated to a franchise agreement4, and that it is not necessary to have a registry to assert an infringement action resulting from the trade dress. It acknowledged in its analysis that despite the “protection of exclusivity in the use of a trademark depends on the registry thereof in a public registry “5, in case of the trade dress, its protection may not be limited to a registry. Likewise, it highlighted that the sanction system of unfair competition constitutes a feasible legal remedy to protect the trade dress, pursuant to the provisions of Article 10 bis of the Paris Convention. In this sense, the Supreme Court confirmed that the protection of the trade dress corresponds to the international legal system.
The Case was resolved with a resolution in which the Mexican Institute of Industrial Property (IMPI, for its initials in Spanish) ruled that the defendant had incurred into unfair competition practices prohibited by Article 213 Section I of the LPI, upon imitating the trade dress of “Paleta Payaso”6.
Development into the dual protection system
As in the case of well-known trademarks, the Mexican system developed into a dual protection by means of the amendment to the Industrial Property Law on May 18, 2018, when the registry of non-traditional distinctive signs was regulated, among which the trade dress may be found. There is a very remarkable Article on this matter denominated “Protection of Trade Dress in Mexico”, which I recommend to read and quote: “In summary, we may say that the trade dress in Mexico currently finds to types or two levels of protection supplementing each other and that they do not exclude or oppose each other: unregistered trade dress, wherein the right results from the effective use by its owner and the trade dress registered as a trademark wherein the exclusive right precisely results from its registry”7
Mexican Courts are currently analyzing relevant lawsuits raising again the question if the trademark registry of the trade dress constitutes a sine qua non requirement to denounce imitation of trade dress actions by a competitor. These decisions represent a valuable opportunity so that the highest court reasserts the opinion alleged in the Direct “Amparo” Proceeding under Revision 5287/2014, thus strengthening the acknowledgment of the system of dual protection of trade dress under the new legislation system. A contrary criterion could imply a serious regression of the industrial property system.
In USA, as in Mexican system under development, the courts admit the submission of lawsuits based on unregistered trade dress although the option of being awarded with a registry by the US Trademarks Office is also offered to grant owner higher certainty. These dual systems show a balanced approach: they acknowledge, on the one hand, that the entrepreneurs may not assume the burden of registering all trade dresses associated to their products or services, and, on the other, they guarantee the right to be awarded with a registry certificate when their operational needs so require. This development is suitable and aligned to the efforts towards a higher harmonization of the intellectual property rights in the regional and even in the global scope.
4.
5. 6.
7.
Supreme Court of Justice of the Nation, Second Panel of Judges, Direct “Amparo” Proceeding under Revision 5287/2014, resolution dated May 20, 2015, p. 48 and ss. Ibid. p. 43.
Resolution issued on October 28, 2016 by the Mexican Institute of Industrial Property in the Motion for Review 164/2016/16822. Query in the system VIDOC: https://vidoc.impi.gob.mx/ inicio, on December 20, 2024.
Jimena Cuevas, Aldo de Landa y Guillermo Antonio Ballesteros, “Protección de la imagen comercial en México,” en Derechos Intelectuales, vol. 28, Asociación Interamericana de la Propiedad Intelectual (ASIPI), 2021, pp.
Original
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A b RIEF OVERVIEW OF THE ROLE OF INTELLECTUAL PROPERTY IN VENTURE CAPITAL FOR STARTUPS
We have gradually overcome the myth that intellectual property (IP) is an issue exclusive to large companies. However, in practice, we still find that some startups fail to prioritize their IP in the early stages because they hold the false belief that these types of rights are reserved for tech giants.
On the other hand, one of the main concerns for these seed and early-stage projects is raising capital for growth. Venture Capital (VC) is a useful route to achieve this goal. This is a form of financing where investors provide capital to startups in exchange for equity in the company. The goal of this type of investment is to obtain significant returns as the company grows.
In this regard, the purpose of this article is to provide an overview of how IP, especially patents, plays a crucial role when a startup seeks to raise capital through VC, and thus should be considered from the moment a tech startup is conceived by its founders.
Prominent investors, advisors, and tech promoters in the medical devices field have indicated that IP is crucial when it comes to making investment decisions, to the point that they agree it would be challenging to invest without any form of IP.
Thus, IP is indispensable when executing a VC investment in a startup, as it determines how difficult it will be for future competitors to replicate it. In other words, and with the risk of stating the obvious, the more difficult it is to replicate a startup’s business model, the greater the company’s chances of securing VC, and this is largely achieved through IP. This is backed by studies showing that having an ongoing patent application could reduce the time to secure an initial VC investment by 76%.
In light of the foregoing, the advantage of IP in seeking VC investment is only achieved when the startup founders manage the following factors: i) establishing a strategy from the outset that makes it difficult to replicate the startup’s core offering; ii) mitigating risks related to ownership and usage rights, ensuring that the IP is entirely owned by the startup; iii) obtaining advice on how the startup’s IP works, not only to meet the first two factors, but to have a clear pitch when presenting the project to investors.
Despite this, and surprisingly, in early stages it is not a priority to specifically value the startup’s IP when deciding on VC investment. This is due to a factor that is even more important than the IP itself: the feasibility of the business. Investors will assess whether the startup’s business model effectively addresses consumer needs and whether it could become commercially viable, which will represent the true value for investors.
Thus, in these early stages, instead of valuing the IP itself, investors conduct due diligence that seeks to answer questions such as: “How does this IP support and enable the company’s business plan, especially in current markets and products?; Will this IP be relevant for the company’s expansion, including new products, markets, or potential pivots to
other business models?; How will this IP help defend against competition and maintain or improve price and profit margins versus direct and indirect alternatives available to customers?”
Following these guidelines, it is important to highlight that the Latin American market is currently celebrating success stories, especially in the fields of biotechnology and medical devices. In 2023, the investment group SOSV reported reinvesting in companies like NotCo and Stamm, gaining millions of dollars in profits, with NotCo becoming a unicorn (a term used to refer to emerging companies valued at over USD 1 billion). Stamm, meanwhile, is an Argentine biotechnology company that is also part of the portfolio of the Argentine accelerator and investor Grid.X.
Another clear example is Ganesha Lab, the Chilean accelerator and investor focused on biotechnology. In 2023, this company launched a VC investment fund worth USD 10 million, directing some of these resources to Delee, a company that developed a tumor cell detector from blood samples. Additionally, Ganesha has in its portfolio Botanical Solutions, which, according to reports, was the Latin American health startup that received the most investment, with over USD 8 million. Furthermore, the Argentine accelerator and investor SF500 reports over USD 8 million in investments in its biotech companies portfolio.
On the other hand, Colombia is also not lagging behind when it comes to the VC investment atmosphere. The first capital raising report from Bogotá in 2024 revealed that 35 investment rounds were completed in the country in the first half, totaling over USD 466 million. While most of these VC funds were directed towards fintech companies, which do not always base their business model on IP, this still indicates the possibility of obtaining funding for purely IP-driven companies, such as medical devices, pharmaceuticals, and biotechnology.
In conclusion, a well-managed IP strategy is a crucial asset that must be carefully protected by startups when seeking VC investment. Moreover, Latin America has experienced a favorable environment for the development of early-stage companies through the injection of capital through VC funding.
contests
2024 ASIPI-UNH FRANKLIN PIERCE SCHOOL OF LAW SCHOLARSHIP WINNERS
ASIPI and the University of New Hampshire - Franklin Pierce School of Law are celebrating another edition of the prestigious Scholarship Program, opening doors for outstanding members to pursue intellectual property studies at one of the most renowned institutions in the field. The 2024 scholarship winners are Jessica de Araujo (J.A.), selected for the Doctorate in Intellectual Property, Technology, and Information Law; Rubén Calderón (R.C.), pursuing a Master of Laws in Intellectual Property; and Hernán David Contreras (H.D.C.), also enrolled in the Master of Laws in Intellectual Property. Each of them stood out for the innovative vision expressed in their application essays and their commitment to advancing intellectual property in the region.
In this interview, we spoke with the scholarship recipients who shared their motivations, experiences, and advice after being selected for these programs. Their stories reflect dedication, a forward-thinking vision, and the transformative impact of this prestigious initiative.
Hernán David Contreras Colombia
Jessica de Araujo Mexico
Rubén Calderón Venezuela
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1. What motivated you to apply for the ASIPI-UNH Franklin Pierce scholarship?
J.A.: I had always dreamed of studying abroad and expanding my professional horizons. When I learned about the ASIPI-UNH Franklin Pierce scholarship, I couldn’t pass up the opportunity to apply. UNH Franklin Pierce’s reputation as one of the leading institutions in the field of Intellectual Property and the chance to pursue such a prestigious program were key factors in my decision. Additionally, the hybrid component of the Juris Doctor perfectly suited my needs, as it allowed me to continue working in Mexico while pursuing this academic dream. At the same time, the program has given me the opportunity to experience life on campus, which has been enriching both personally and professionally. I am deeply grateful to both ASIPI and UNH for making this opportunity possible.
R.C.: After completing my undergraduate studies, I always wanted to seek new academic and professional challenges. When I joined ASIPI and learned about the scholarship program, I knew it was an unmissable opportunity to research relevant topics in Intellectual Property and submit my essay.
H.D.C.: My motivation to participate in the ASIPI -UNH Franklin Pierce scholarship arose from my deep interest in intellectual property and my desire to contribute to the development of this area in Latin America. The scholarship offered a unique opportunity to access a world-class education at one of the most prestigious universities in intellectual property. I knew that studying at UNH Franklin Pierce would allow me to acquire advanced knowledge, establish contacts with global experts, and strengthen my skills to address complex challenges in this field. Additionally, participating in the selection process allowed me to share my vision of the patent litigation landscape in Colombia and its role in the context of global disputes. Moreover, the possibility of being part of an academic community committed to the development of intellectual property was a key incentive for me to apply.
… The scholarship offered a unique opportunity to access a world-class education at one of the most prestigious universities in intellectual property…
2. What can you highlight about the program? How do you expect this opportunity to impact your professional career?
J.A.: The program is exceptional. Although it is a Juris Doctor that covers general law subjects, its focus on Intellectual Property makes it particularly attractive for professionals in this area, such as ASIPI members. Additionally, the hybrid component has been an invaluable tool for those who, like me, seek to continue developing professionally in their country while acquiring a world-class international education. This format has not only allowed me to continue working in Mexico but also to enjoy the unique experience of being on campus, which has strengthened my interpersonal skills and practical learning. As a Latin American lawyer, studying the U.S. legal system has been an exciting challenge that has expanded my analytical and investigative skills. This program has not only allowed me to grow academically but has also changed my professional perspective . I firmly believe that this experience will mark a before and after in my career. Upon completion of the program and passing the bar exam in a U.S. state, combined with my law degree in Mexico, I will be prepared to face the challenges of a globalized legal market. My professional vision will be much more complete, and I will be able to support my clients with innovative and effective solutions in both Mexico and the United States.
… I firmly believe that this experience will mark a before and after in my career…
R.C.: The program is a challenge that requires dedication and discipline. So far, the different subjects I have seen have been as challenging as they are enriching, allowing me to learn aspects of patent practice that I had not worked on before, such as writing claims and licenses. I am excited about the subjects I will see next semester that will allow me to enrich my vision of the U.S. legal system.
H.D.C.: The program offers a wide range of specializations within intellectual property, making it inclusive and relevant for professionals from diverse areas who wish to expand their knowledge
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beyond trademarks, patents, trade secrets, and copyrights. It is particularly motivating to explore the numerous options offered by the University, such as entertainment law, sports law, competition law, e-commerce, video game law, among others.
The opportunity for this scholarship arises from the alliance between ASIPI and UNH Franklin Pierce, what is your relationship with ASIPI and what do you like most about the Association?
J.A.: I am currently a member of the ASIPI Fashion Law Committee, where we work continuously to give more visibility to this fascinating area of law. My essay, which allowed me to win the scholarship, addressed precisely topics related to Fashion Law, something I am deeply passionate about. What I value most about ASIPI is its members and the network of professionals it fosters. ASIPI provides us with the opportunity to connect with people from all over the world, creating relationships that transcend the professional. These connections not only generate academic and job opportunities, such as this scholarship, but also enrich our perspectives and personal growth. I am immensely grateful to be part of this community and for all the support I have received from ASIPI
R.C.: I have been a member of ASIPI since the beginning of this year. Before that, I had competed in the 2023 Moot Court organized by ASIPI, INTA, and the Andean Community Court of Justice, with my team finishing as runner-up. Since then, I have participated in various activities such as the film club and the patent committee. The most valuable thing about the Association is the opportunity to share and form bonds with experts and leaders in the region.
… The most valuable thing about the Association is the opportunity to share and form bonds with experts and leaders in the region.…
H.D.C.: I have been a member of ASIPI for about a year. Since joining, I have been part of the Valuation, Monetization, and Commercialization of Intangibles Committee, where I had the opportunity
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to write an article on venture capital investments in intellectual property startups. This is, in fact, what I value most about ASIPI: the opportunity to learn about cutting-edge topics with leading professionals, while actively contributing to the generation of content. Additionally, ASIPI offers one of the largest and most important networks of intellectual property lawyers in the region, so the cultural and legal exchange is always beneficial in each of the meetings.
What advice would you give to other professionals who are interested in applying for the scholarships?
J.A.: My main advice is to do it. Many times we doubt our abilities or whether we should try, but we will never know what we can achieve if we don’t take that first step. Beyond the excitement of winning the scholarship, the process of writing my essay was incredibly enriching and an experience I enjoyed very much. There is nothing to lose and much to gain. This first semester of classes has opened my eyes and transformed my professional vision. Although I am still starting out, I already consider myself a more complete professional, with clear goals and a greater understanding of international law. Additionally, the people I have met during this process already have a significant place in my life. Without a doubt, this scholarship is an opportunity worth pursuing.
R.C.: In relation to the essay, find your own voice and dedicate enough time to research and prepare a rigorous, novel, and relevant essay. There are a variety of topics to address in the field of Intellectual Property, and this contest is an excellent platform to disseminate them. On the other hand, in relation to the study program, I highly recommend evaluating the structure and academic plan offered by UNH Franklin Pierce (IPSI, LLM or Hybrid JD) so that you can choose the one that best suits your needs and professional expectations.
H.D.C.: I believe that one of the most important aspects of the application process is the choice of the essay topic. I encourage those interested to dare to write about cutting-edge topics, as this will add value to the work. Once the topic has been defined, it is essential that the essay not only exposes a problem but also
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proposes a possible solution. A proactive approach, rather than a merely descriptive one, will significantly enrich the content. Finally, I recommend seeking the support of trusted professionals. Ask for the opinion of lawyers with experience in the subject and do not be afraid to receive feedback; each comment can help to perfect the essay.
The experience of these three professionals reflects the transformative impact of the ASIPI-UNH Franklin Pierce schol-
arships. Through this alliance, ASIPI continues to strengthen the education and development of its members, consolidating its leadership in the region.
ASIPI extends its sincere congratulations to Jessica, Rubén, and Hernán for this significant achievement. Their dedication and commitment to Intellectual Property not only elevate the Association but also inspire the entire professional community to continue advancing in this exciting field.
MOOT COURT: SPOKESPERSONS FOR THE WINNING TEAM
We spoke with Rania Daza, Iván Campos, and Victoria Moreno, from Bolivia, three outstanding students from Universidad UPSA who were part of the winning team in the Latin American Intellectual Property Law Moot Court. Chosen as spokespersons for their participation in the oral rounds, they share their experience representing their university and Bolivia in this prestigious competition, the lessons learned, and the key factors that led their team to success.
What motivated you to participate in the Latin American Moot Court on Intellectual Property Law? How did you prepare for the event?
The passion for Intellectual Property Law among some UPSA students was the driving force behind forming the first team to participate in the Latin American Moot Court on Intellectual Property Law.
This served as additional motivation to register for the competition and engage in weekly meetings, intensive study hours, and rigorous preparation in Intellectual Property Law, which involved researching international jurisprudence, conducting mock hearings, and thoroughly analyzing the Andean Community regulations. The weekly meetings amounted to an average of 10 hours per week.
What do you believe were the key factors in excelling at the competition and achieving this recognition? Was there any particular strategy or approach that helped you solve the case?
The key factors included strong academic preparation, teamwork, and a strategic approach based on collaboration and various argumentative simulation methods we practiced at the university, which combined theory with practice. Undoubtedly, the best strategy was to involve people outside the team to ask us questions about the case, allowing us to gain perspective and new insights.
Our strategy involved building arguments based on jurisprudence relevant to the case and conducting a multidisciplinary analysis to effectively defend the assigned role, whether as plaintiffs or defendants.
The ability to construct strong arguments, anticipate counterarguments, and effectively communicate our ideas stood out in every phase of the competition. Additionally, detailed case management and the ability to apply the law to the facts were decisive elements.
The Moot Court tests both knowledge and practical skills. How do you feel this experience has contributed to your professional development and aspirations in the field of Intellectual Property?
Participating in the Moot Court allowed us to develop essential practical skills such as public speaking, legal reasoning, and problem-solving under pressure, while reinforcing our knowledge of Intellectual Property Law and increasing individual aspirations to contribute to this field in Bolivia and internationally.
It wasn’t just the victory; the preparation throughout the competition gave us a new perspective. Even in our day-to-day activities, whether in classes or at work, the team agrees that there is a before and after the Moot Court regarding the analyses and consultations we now encounter daily.
What impact did working with institutions such as the Andean Community Court of Justice, ASIPI, and INTA in the context of the competition have on you? Did you learn anything you would like to apply to your professional career?
Being constantly evaluated by institutions such as the Andean Community Court of Justice, ASIPI, and INTA provided invaluable insight into the real practice of law in the region. Through practice, we learned how to handle controversial cases related to Intellectual Property Law.
For those who dream of participating in future editions of the Moot Court, what advice would you give regarding preparation and the attitude needed to make the most of this experience?
To those wishing to participate, we recommend perseverance and dedication. Consistent study is key during the written phase to develop a clear stance on the controversial points within the fictitious case. From there, it is essential to combine practical skills, seek expert advice, practice with different panels, and, above all, trust in your abilities. Ultimately, it is crucial to adopt an open mindset to learn from each stage of the competition and correct mistakes along the way.
6. Is there anything else you would like to add?
We are proud to be the first Bolivian university to win this competition, reflecting the result of months of hard work and dedication. We hope our experience inspires others to participate and position Bolivia at the forefront of Intellectual Property Law.
We have set a precedent as a country, as a university, and as individuals. We are grateful for the support and innovation of all the institutions organizing the Moot Court. We aim to continue achieving triumphs and growing with the opportunities this competition has provided us.
INTERVIEW WITH THE WINNER OF THE GREEN INNOVATION CONTEST 2024
We highlight the story behind a unique innovation in the region: a patented method in Argentina for the dissolution of LiCoO₂ in spent lithium-ion batteries. We spoke with the winner of the Green Innovation Contest 2024, who shares their inspiration, the impact of their development on the industry, and how sustainability and intellectual property protection are fundamental pillars of their project. Additionally, they reflect on the challenges and opportunities of scaling this innovation and offer valuable advice to entrepreneurs in the region committed to developing green solutions.
What inspired you to develop this method for the dissolution of LiCoO2 in spent lithium-ion batteries, and how do you think this innovation will impact the industry?
The main reason for starting to develop a recycling process for spent lithium-ion batteries was to know the large accumulation of polluting waste they generated and the projection that these devices have in the future. That is, every day, the consumption of portable
electronic devices grows and, therefore, the disposal of these devices is also faster. The final disposal of these devices is not adequate, being done in landfills, cementation and ceramization, considered not only uneconomical but also deficient from the ecological point of view.
In the developed world, recycling is already considered the best treatment method for this type of waste and, in many countries, there are already policies that contemplate this and, in addition, the responsibility of the technology producer for the final disposal of the waste generated by their electronic devices.
In Argentina there is no clear legislation regarding the treatment of used batteries. The law currently in force is No. 24,051, on Hazardous Waste, passed in 1991 and its Regulatory Decree, No. 831/93, in which primary and secondary cells and batteries are considered Urban Solid Waste.
There was an update, through Resolution 522/2016 of the Ministry of Environment and Sustainable Development of the Nation, which specifies that portable batteries are called Special Waste of
Universal Generation (REGU) and establishes guidelines and objectives for the effective treatment of this waste. In addition, Resolution 189/2019 of the Government Secretariat of Environment and Sustainable Development, speaks of the creation of Management Systems to be able to implement the National Strategy for Sustainable Management of REGU. However, today the methods implemented for the final disposal of these REGU, specifically of exhausted portable batteries, do not comply with the premises of collection and transportation, valorization, recovery, recycling, or post-consumer responsibility (included in the Basel Convention to which Argentina adheres), among others.
That is why it seemed important to me, from both an ecological point of view (due to the reduction in soil, water and air pollution that this waste placed in unsuitable places implies) and an economic point of view (due to the metallic compounds and other materials that can be recovered from the batteries and, obviously, sold to be used again) to study a recycling process for spent lithium-ion batteries. This process for recycling spent lithium-ion batteries is the only one patented in Argentina, which is why we believe that both public and private institutions, environmental associations and electronic equipment manufacturers could use it to reduce the impact of the waste generated by their products, recover materials that can be used in new equipment and, therefore, reduce production costs, comply with international standards for electronic waste generators and improve their brand image, showing the market their commitment to environmental conservation and ecology.
How do you plan to use this award and ASIPI’s recognition to scale and commercialize your innovation, and what goals do you have for the coming years?
I am currently participating in the selection process for the Business Incubator of the National University of Cuyo and this award from ASIPI is very important for the recognition of the application and the potential industrial development of the process.
I am also finishing the construction and equipping of a Pilot Plant where the process can be scaled up and, in this way, be able to show the process in operation and thus be able to assure potential investors that the methodology is useful, economical, ecological and very easy to implement.
Sustainability and respect for the environment are fundamental in your innovation. How do you think intellectual property protection can help promote and protect green solutions in the region?
Our process uses biodegradable reagents, in very low concentrations, a small amount of water and works at low temperatures. This, added to the fact that we do everything in closed containers, certifies the economy and ecology of the process. When we developed it, we thought it was important to ensure the protection of intellectual property so that, precisely, when reproducing it, the conditions of materials, times and other working conditions were respected, which ensures that the obligations that make this process unique are fulfilled.
This is the reason why I think it is necessary and unavoidable to carry out the patenting process, to protect the work and offer the community, companies, public and private entities, a methodology endorsed and proven as valuable, beneficial for the environment and profitable.
What advice would you give to other entrepreneurs and inventors in the region looking to develop innovative and sustainable solutions, and what do you think is essential for your success in this field?
That they don’t stop, that they believe in what they do and that they work for what they want and feel will be useful for them and future generations. In this regard, Argentines are known throughout the world for making do with very little to invent, research, build, discover and execute projects. I believe that all Latinos are like that, we are not satisfied, we always think beyond reality and we are always innovating and persevering, regardless of whether we have few or many resources, if we have large spaces or a 10 m2 laboratory, if we have the necessary material or we make do with what we can get. That is what makes us different and, in my opinion, outstanding, in every project we embark on.
b EST INDUSTRIAL DESIGNS 2024: INNOVATION IN THE NAVAL INDUSTRY
In this edition of MUNDO ASIPI, we highlight the winner of the ASIPI Designs 2024 Contest, Julián Alberto Salazar Barrios, from Colombia, Intellectual Capital Manager at Cotecmar, with the design of the Logistic Support and Cabotage Vessel (BALC). This innovative project not only represents a technological breakthrough in the naval industry but also underscores the importance of industrial designs as a driver of economic and social development in the region. In this interview, we delve into the inspirations behind the BALC, the challenges overcome during its design, and how this recognition reinforces the crucial role of intellectual property in fostering innovation in strategic sectors.
What inspired you to develop the LOGISTIC SUPPORT AND CABOTAGE VESSEL (BALC), and what were the main technical and creative challenges you faced during its design?
The concept of a landing ship arises from the need identified by navies to project their capabilities, from the sea to land, with Landing Craft Utility (LCU) type vessels having as their main use to land troops on assault missions.
The Design and Development of the BALC was born – inspired by the result of a Meritorious Grade work of two Officers of the Colombian National Navy (ARC)1 – as a technological solution to the requirement of ARC, to incorporate a river support logistics vessel, which has a low draft2 and high operational performance for embarkation. disembarkation and transport of materials, equipment, supplies and personnel in coastal areas and island areas that are difficult to access; in order to contribute to the security of the nation, the economic and social development of the country.
Some technical challenges around the BALC design were about the integration of capabilities, equipment and systems that are not usually found in an LCU type vessel. Additionally, the creative challenge was to achieve the conceptualization of the design as a dual-use technology, providing it with modular capabilities to fulfill missions both in the operational environment of the ARC and in humanitarian contexts; These challenges were overcome with the application of design methodologies and incremental innovation.
How do you think this design will contribute to the naval and maritime industry in terms of innovation as well as economic and social impact?
The BALC is evidence of a technological escalation in the framework of naval engineering, considering that it evolved from a degree thesis to an R+D+i project that finally materialized the design and construction of the vessel; even later, through incremental innovation processes, it came to have a second generation called BALC MK-II. These
A term used to measure the vertical distance between the point of the waterline and the baseline of the vessel’s hull. 1.
Colombian Navy, 2014, “First amphibious landing ship built in Colombia at the service of the country” https://www.armada.mil.co/es/content/primer-buque-de-desembarco-anfibio-construido-en-colombia-al-servicio-del-pais
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incremental innovation processes were based on the user experience, full-scale model tests of the vessel, the evolution of construction processes, among other factors.
The economic and social impact of the project is evident from its conception, showing a clear example in the University-State-Business-Society link, since being a 100% Colombian design and locally built, it has contributed to the consolidation of local industry, enhancing the knowledge of human capital, generating jobs and energizing the supply chain.
In addition, thanks to its operational flexibility, the vessel has been an axis for the ARC’s comprehensive social action, which translates into disaster and emergency care, provision of essential services such as medical care, education and recreation, as well as support for economic development and infrastructure projects. These actions consolidate the State’s commitment to the development and well-being of Colombians, generating an environment conducive to peace and the strengthening of relations between the military forces and the civilian population.
What does winning the ASIPI DESIGNS 2024 Competition mean for COTECMAR, and how do you believe this recognition strengthens the relevance of industrial designs in the region?
Winning the Competition represents a significant milestone for the Corporation, taking into account the recognition of innovation and intellectual property (IP) management in COTECMAR and the consequent visibility, provided by an organization with the international spirit of ASIPI in the field of IP; It also highlights the ability of our design and engineering team to transform ideas into marketable products.
On the other hand, this award reinforces the relevance of IP and particularly Industrial Designs (ID) in the region, by demonstrating that creativity in the design, development and protection of intellectual assets also arises from Latin America. In addition, it underlines the importance of leveraging IP as a tool to maximize the commercialization of products that are not only functional, but also aesthetically appealing and sustainable.
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ASIPI EMPRENDE: PROMOTING INNOVATION AND ENTREPRENEURSHIP IN LATIN AMERICA
The ASIPI EMPRENDE program is an important catalyst for fostering the development of Intellectual Property (IP) within the entrepreneurial sphere in Latin America. Through a series of initiatives and collaborations, the Program has successfully trained entrepreneurs and disseminated knowledge across the region, always in collaboration with ASIPI PRO BONO , whose mission is to provide free services in IP matters throughout the Americas.
ASIPI EMPRENDE has empowered numerous entrepreneurs through various activities, such as workshops and one-on-one mentoring sessions, strengthening their knowledge on topics like trademark registration and patent protection.
In this sense, leveraging the Seminar held in La Antigua, Guatemala, an event was organized at the “El Cubo” technology center for entrepreneurs, in collaboration with ALTERNA, a social innovation platform that promotes the development of conscious entrepreneurs and businesses as a pathway to a sustainable region.
The event included interactive activities among participants, a workshop titled “Los Beneficios de Contar con Una Marca Registrada”, the participation of an authority from the Registrar’s Institute, as well as a testimonial from an entrepreneur who shared their experiences on the advantages of using Intellectual Property for business growth, along with a final workshop delivered by a lawyer specializing in Intellectual Property.
Subsequently, entrepreneurs had the opportunity to participate in individualized consultations with specialists from ASIPI EMPRENDE and ASIPI PRO BONO to address their specific questions. The Program establishes partnerships with other institutions dedicated to promoting entrepreneurship, such as business incubators and universities. In October, this synergy was evident in an event organized at the Francisco Marroquín University (UFM) by the Launchpad ColabUFM incubator, in collaboration with ASIPI EMPRENDE and ASIPI PRO BONO. Students from various disciplines, ranging from Product Design to Gastronomy, gathered to participate in a morning full of learning.
PROGRAMs IN Progress
The event was a dynamic and inspiring experience that highlighted the importance of Intellectual Property for the development of entrepreneurship.
Karina Calderón, a member of ASIPI EMPRENDE, also participated in the event, showcasing practical tools and mark management strategies to entrepreneurs for the protection and valuation of this asset in the market.
With a combination of engaging presentations and valuable content, the event served as an essential platform for promoting knowledge, exchanging ideas, and supporting the future professionals and entrepreneurs of UFM.
Similarly, the workshop “Impulso Empresarial”, co-organized by the Municipality of Surco and the CDE (Center for Business Development) of ESAN (School of Business Administration for Graduates), held in October, benefited 60 entrepreneurs in Peru, 70% of whom were women. ASIPI EMPRENDE was represented by Gonzalo Ramírez, who delivered a virtual session on trademark protection and registration, focusing on general concepts and practical tools aimed at various SMEs, such as restaurants and consultancies.
Also in October, an event was held in Caracas, organized by Isabel Manrique Rojas, a member of the Program, in collaboration with the association IMPACT HUB (a collaborative space for entrepreneurs, innovators, and organizations focused on social impact, sustainability, and positive change). The activity, titled “El ABC de la Propiedad Intelectual para Emprendedores”, covered general topics and basic notions of Intellectual Property for entrepreneurs.
Taking advantage of the ASIPI Working Sessions in Panama, in November, an ASIPI Emprende activity took place with ASIPI PRO BONO at SURA. This event was held in collaboration with AEI (Alliance for Entrepreneurship and Innovation) and included the participation of registry authorities as well as local entrepreneurs. We had the exciting presentation by Zobeida Garibaldi about her significant experience and the benefit of patent protection for her invention called the “Pataconera”. The Intellectual Property conference was presented by Maria del Pilar Troncoso, and, finally, entrepreneurs received training and personalized advice from ASIPI members on the benefits of protecting their intellectual assets.
In addition to training events, ASIPI EMPRENDE actively participated in revising Chapter 4 of the book “De la Idea al Mercado” by the University of the Andes in Chile, dedicated to Intellectual Property. The goal was to adapt its content to a more accessible language, making it not only useful for Chilean entrepreneurs but also a practical guide for entrepreneurs across the region.
The results achieved by ASIPI EMPRENDE are encouraging. Through training and mentorship, entrepreneurs have gained tools to protect their intangible assets and grow their businesses. Furthermore, collaborations with other organizations have expanded the Program’s reach, allowing it to benefit a larger number of participants.
In this sense, the Program will continue expanding its educational resources, such as lectures at universities and hubs for small and medi-
um-sized entrepreneurs, as well as IP clinics and other events aimed at disseminating IP knowledge and promoting innovation in entrepreneurship.
With the support of ASIPI PRO BONO and through social media campaigns, the aim is to reach more entrepreneurs and provide them with the tools they need to bring their projects to life. The ultimate goal is to establish the Program as a leading reference in promoting Intellectual Property and entrepreneurship in Latin America.
ASIPI ACADEMIA: TESTIMONIALS FROM COORDINATORS AND PANELISTS ON THE SECOND SEMESTER 2024 COURSES
We highlight the impact and experience of the courses organized by ASIPI ACADEMIA during the second semester of 2024. Through the testimonials of coordinators and panelists, we gain insight into the organization and execution of these educational initiatives that strengthen ASIPI’s professional community. The courses, “A 360-Degree View of the Cannabis Industry,” “Introduction to Personal Data Protection,” and “Foundations of Competition Law for IP Lawyers,” not only offered high-quality content but also created spaces for collaborative learning, reflection, and professional development.
PROGRAMs IN Progress
Course: “A 360-Degree View of the Cannabis Industry”
Participating as collaborators in organizing the course “A 360-Degree View of the Cannabis Industry” has been a gratifying and deeply enriching experience. Working together on a project we consider so relevant and timely allowed us to combine efforts, ideas, and enthusiasm to achieve a common goal: to add value to the professional community.
Through the course, and with the support and collaboration of ASIPI, we had the opportunity to contribute to strengthening the technical preparation of the association’s members. It is gratifying to know that
these initiatives help raise the professional standard and enable members to excel in their field of expertise.
We extend our gratitude to everyone who made this project possible and to those who participated with interest and commitment. We look forward to more opportunities to continue building a stronger, better-prepared, and more connected professional community.
Natalia
Castro / Montserrat Puente
ASIPI is an organization that consistently leads initiatives and includes in its agenda new topics of interest to the industry and, of course, to its members. One such topic is the advancement of cannabis regulation in the region, which is impacting local legislation and shifting paradigms regarding its use, regulation, and application.
The Cannabis Workshop provided an overview of the region’s opportunities and developments in medicinal and industrial cannabis use. It has been incredibly useful to learn directly from the workshop’s experts about the successes and failures in implementing regulations in various countries. This knowledge helps avoid repeating mistakes and ensures
the cannabis industry can genuinely contribute to development and business generation.
The quality and expertise of the speakers have been instrumental in informing, educating, and identifying opportunities for professionals advising on these topics.
I commend ASIPI academia for these initiatives, which position them at the forefront of education and training in intellectual property and regulatory matters.
Maritza Reategui
Course: “Introduction to Personal Data Protection”
Organizing ASIPI’s first course on personal data protection has been an incredibly satisfying experience. Not only did we meet the goals set at the outset, but we also exceeded expectations in terms of the number of participants eager to deepen their knowledge in this area.
We firmly believe that the course’s success resulted from a combination of key factors: a well-designed program structure, the quality and expertise of the invited speakers, and the excellent engagement of both ASIPI’s technical team and the participants. These elements were essential in creating a conducive environment for learning and personal growth.
We also highlight the flexibility and adaptability of the organizing team in addressing needs that arose throughout the course. This approach ensured smooth operations and an enriching experience for everyone involved.
For all these reasons, we want to express our deepest gratitude to the ASIPI team for their effort and dedication, which made this course a positive and memorable experience.
Jose Roberto Herrera / Cecilia Abente
Con entusiasmo nos unimos como PATROCINADORES INSTITUCIONALES de la Asociación Interamericana de la Propiedad Intelectual - ASIPI. Cuenten con nosotros para apoyar iniciativas y proyectos innovadores.
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ASIPI EDUCA: PROGRAM IN PROGRESS ECUADOR
As part of efforts to incorporate Intellectual Property education into Ecuadorian classrooms, ASIPI EDUCA has achieved significant milestones throughout 2024. This program aims to foster knowledge and respect for copyright and other areas of Intellectual Property through innovative educational resources. Below, we review the achievements made this year.
Collaboration with the Ministry of Education
Since early 2024, key meetings were held with officials from Ecuador’s Ministry of Education (MINEDUC), including Juli Gutierrez Zanelli, ASIPI Executive Director; María-Belén Rivadeneira Reyes, Secretary of the ASIPI EDUCA Program; and Gonzalo Luzuriaga, National Delegate. These meetings aimed to evaluate and adapt ASIPI’s audiovisual educational materials to align with Ecuador’s national curriculum.
On July 13, a significant milestone was reached with the issuance of Official Letter #MINEDUC-SFE-2024-00063-OF by the Sub-Secretary of Ed-
ucational Foundations. This document included a favorable technical report endorsing the use of ASIPI’s materials as a complement to the national curriculum. The report highlighted the resources’ clarity, dynamism, and inclusive approach, as well as their relevance to subjects such as Social Studies and Language and Literature.
A Resource for the Future
ASIPI’s audiovisual material was praised not only for its educational value but also for its ability to foster 21st-century skills among students. According to the report, these resources promote human values, social norms, and an understanding of democracy as the foundation of coexistence, offering a comprehensive approach to enriching the educational experience.
In response to MINEDUC’s recommendation—provided there are no costs and authorities deem it appropriate—ASIPI approved the upload of
PROGRAMs IN Progress
its materials to the ministry’s official website, facilitating access for teachers. This pivotal step was formalized through an official letter submitted on October 3.
Next Steps and Outlook
The journey toward full program implementation continued with a meeting held on November 28, led by José Miguel Castillo, National Curriculum Director. During this meeting, technical details were reviewed,
and the next steps necessary for officially integrating ASIPI’s materials into the education system were outlined.
The collaboration between ASIPI and MINEDUC reflects a shared commitment to promoting Intellectual Property education, preparing future generations to tackle the challenges of a globalized world. This project not only emphasizes the importance of copyright but also demonstrates the potential for building bridges between the private sector and public institutions for the benefit of society.
Highlighted Moments
March 21, 2024
ASIPI’s official visit to the Ministry of Education, attended by Juli Gutierrez Zanelli, María-Belén Rivadeneira Reyes, and Gonzalo Luzuriaga, hosted by Vice Minister Fausto Javier Díaz and Micaela Robalino Terán, Specialist in Cooperation and International Affairs.
November 28, 2024
Meeting with José Miguel Castillo, National Curriculum Director, and Sylvia Chávez, Curriculum Analyst, to finalize details ahead of the publication of the materials.
With steady progress and a clear vision, ASIPI EDUCA continues to establish itself as a benchmark in spreading Intellectual Property knowledge across Latin America. This initiative not only educates but also inspires efforts to build a more informed and responsible society.
ASIPI FIT: REFLECTIONS ON PHYSICAL AND MENTAL WELL-b EING
Maria Fernanda González Aceves y Juan Bertón Moreno
Coordinator and Secretary ASIPI FIT
The start of a new year is the perfect opportunity to pause and reflect on our physical and mental health—fundamental aspects that we often neglect amidst the fast pace of daily life. At ASIPI FIT, we invite you to rediscover the importance of self-care, not merely as a New Year’s resolution but as an ongoing commitment to your overall well-being.
Life moves fast, and in our pursuit of success and professional goals, it’s easy to forget what truly matters: our health. Let’s take this moment to reset our priorities, think about how we can incorporate healthier habits, and embrace a balanced mindset that helps us tackle life’s challenges with energy and serenity.
PROGRAMs IN Progress
Life moves fast—one minute, November’s wrapping up, and the next, you’re making New Year’s resolutions. But what if we stopped putting all the pressure on January 1st and started making small, meaningful changes right now?
I get it. We’re all juggling a million things—maybe a job that drains us, relationships that need work, or goals that keep getting pushed to “someday.” The notifications won’t stop buzzing, the emails keep piling up, and Netflix always has one more episode ready to go. But those small distractions add up. It’s not just about 20 minutes scrolling on your phone—it’s about how it fragments your focus, drains your energy, and leaves you feeling like time is slipping through your fingers.
Starting today, let’s try something different. Maybe it’s as simple as putting your phone in another room while you work on that project you’ve been putting off. Or having that slightly uncomfortable but necessary conversation instead of letting it simmer. Or just taking 10 minutes in the morning to sit with your coffee and actually taste it, rather than immediately diving into emails.
It’s not about dramatic changes or rigid rules. It’s about small, intentional choices that add up—because two months is actually a decent chunk of time when you use it well. And honestly? The best time to start anything isn’t January 1st—it’s right now, exactly where you are, with what you have.
No pressure to transform your entire life overnight. Just one small choice at a time, one day at a time, toward the kind of life that feels more like you.
Author: Vex King (@vexking), November 1, 2024. “Life moves fast.”
ASIPI b OOK CLU b: A YEAR OF READING AND REFLECTION
Arturo Tello Díaz
Reading consistently regulates the nervous system, lowers inflammation, calms stress hormones, strengths the brain, improves focus and supports longevity. And by reading, I don‘t mean doomscrolling social media.
Dr. Will Cole
The ASIPI BOOK CLUB began its activities in February 2024 and has since become a space for intellectual exchange and literary enjoyment. With 29 registered members, approximately 10 actively participate in each session. Meetings are held monthly or bimonthly, depending on the length of the selected books, chosen through a democratic voting system that narrows down suggestions to three options.
From its inception, the club embraced a unique tradition: during ASIPI events such as Journals or Congresses, a book by an author from the host country is selected for discussion. These gatherings often take place in symbolic locations, enriching the literary conversations with cultural and historical context.
The club’s journey began with El Cirujano de Almas by Luis Zueco, a historical novel discussed during the inaugural session on March 21. Subsequent sessions featured a diverse selection of works, each sparking engaging debates:
• April 30: Las Hijas de la Criada (Premio Planeta 2023), which generated contrasting opinions about the author and narrative.
• June 11: Roma Soy Yo by Santiago Posteguillo, the first in a trilogy exploring Julius Caesar’s life, noted for its parallels to contemporary political dynamics.
PROGRAMs IN Progress
• July 11: Klara y el Sol by Kazuo Ishiguro, a thought-provoking exploration of artificial intelligence and its ethical implications, recognized for its powerful and unsettling narrative.
• August 15: Temporada de Huracanes by Fernanda Melchor, a raw and vivid portrayal of human darkness, both praised and critiqued for its unflinching depiction of harsh realities.
• September 26: El Guardián de Espadas by Cassandra Clare, a refreshing dive into a magical and fantastical world.
• October 24: Baumgartner by Paul Auster, a biographical novel that sparked discussion about the subdued portrayal of its central character.
To close the year, the club will meet in person on November 30 in Panama to discuss El Ataúd de Uso by Rosa María Buitron, a novel intertwining love across three generations with Panama’s political history. The gathering will take place at the historic El Santuario restaurant in Hotel La Compañía, within the Old Quarter, allowing participants to enjoy a unique cultural and literary experience.
Through its thoughtful selection of literature, dynamic discussions, and integration of cultural elements, the ASIPI Book Club continues to foster connections among its members, enriching their perspectives and strengthening the ASIPI community.
res judicata
THE CONSTITUTIONAL COURT OF ECUADOR
The competence of indigenous communities to judge intellectual property matters
Via Judgment 4-20-EI/24 dated August 29, 2024, the Constitutional Court of Ecuador set a significant precedent concerning the interplay between intellectual property rights and the jurisdiction of indigenous communities and peoples in Ecuador.
To contextualize, the 2008 Constitution of the Republic of Ecuador granted indigenous peoples and nationalities the authority to exercise jurisdictional functions based on their ancestral traditions and customary law within their territories. The Constitution also ensures that decisions of indigenous justice are respected by public institutions and authorities.
In a case involving a private company -PLANTEC- and a group of community members from the Kayambi People concerning the sowing and production of plant varieties protected by breeders’ rights without au-
Juan José Arias Delgado Ecuador
res judicata
thorization, PLANTEC sought administrative protection of its intellectual property rights from the National Intellectual Rights Service (SENADI), pursuant to Ecuadorian intellectual property law.
Conversely, several Kayambi producers requested intervention by the indigenous authority of the Kayambi People, alleging abuses by PLANTEC. On February 29, 2020, the General Assembly of the Confederation of the Kayambi People issued Resolution 003-CPKA-2020, declaring the existence of an internal conflict between PLANTEC and the Kayambi community members. The resolution ordered the following measures:
• Royalties should be set among three options determined by the Assembly.
• Royalties were to be calculated per marketed product, not per planted unit.
• Export restrictions on flowers produced by small-scale farmers were prohibited.
• Unapproved entry onto farms for inspection was banned.
• SENADI was instructed to amend its regulations to align with the Assembly’s decisions.
In response, SENADI filed a constitutional protection action, alleging violations of its rights to due process, defense, impartial adjudication, and legal security.
The Constitutional Court, by a majority of five votes—including one concurring opinion—and four dissenting votes, upheld the extraordinary protection action and annulled the Kayambi Assembly’s resolution.
The Court’s decision was primarily grounded in the finding that the issues at hand did not pertain to an internal conflict affecting community relationships, harmony, peace, or coexistence of its members. Moreover, the matter was deemed a mere contractual issue involving intellectual property royalties, where one party (PLANTEC) neither belonged to, nor resided within, the community. Furthermore, the resolution was said to encroach on the legal and constitutional competencies of the national intellectual property authority.
In his concurring opinion, Judge Herrería Bonet argued that intellectual property rights lack a connection to traditional practices or historical customs of indigenous communities. He emphasized that the Constitution does not empower indigenous communities to exercise jurisdiction over technical and specialized areas such as intellectual property, which pertains to Western legal frameworks.
Indigenous justice, as conceived under the Constitution and due to its own nature, cannot be reduced to a normative text, complicating its regulation by the State. Nonetheless, some indigenous communities have, at times, sought to disregard national laws, asserting exclusive reliance on their justice systems for all matters—a position inconsistent with the Constitution’s intent to enable indigenous communities to resolve internal conflicts based on their traditions.
The Constitutional Court has thus assumed the role of defining the validity parameters for indigenous justice decisions under constitutional law. The Court has consistently emphasized that indigenous justice mechanisms are limited to resolving internal disputes related to issues affecting community coexistence among its members.
This ruling establishes a critical precedent, clarifying that intellectual property rights fall outside the jurisdiction of indigenous justice. It reaffirms that all individuals, regardless of their affiliation with an indigenous community, must comply with national intellectual property laws.
To rule otherwise would have placed indigenous peoples and nationalities in a special category, distinct from other individuals under intellectual property law, thereby breaching the principle of national treatment.
Finally, the dissenting votes did not contest the substantive decision to exclude intellectual property from indigenous jurisdiction but questioned SENADI’s standing as a state entity to file a constitutional protection action. Thus, the exclusion of intellectual property rights from indigenous jurisdiction appears to be a settled matter moving forward.
RULING 2539-18-EP/24
The use of extraordinary actions for the protection of image rights and intellectual property
Mario Ruiz Ecuador
On August 1, 2024, the Constitutional Court of Ecuador (hereinafter referred to as the “Court”) accepted a claim for an extraordinary constitutional action related to the unauthorized use of the image of an Ecuadorian actress by a public television channel. The case addressed the possible violation of the right to legal security in a patrimonial matter.
Case Background
An Ecuadorian actress (hereinafter referred to as the “actress”) filed a lawsuit against a television channel (hereinafter referred to as the “channel”) for the unauthorized use of her image in one of its programs. The claim sought financial compensation and the prohibition of the unauthorized use of her image. Initially, the lawsuit was dismissed, but the Provincial Court accepted the appeal, determining a violation of rights and
ordering reparations. This led to the initiation of an extraordinary constitutional action.
Case Study
The channel argued that the constitutional action was inadmissible, as the dispute should have been resolved within the civil sphere, being a matter of contractual breach. The Court had to address two key issues: i) whether there was a violation of the right to due process due to the lack of reasoning in the judicial decision, and ii) the admissibility of the constitutional action in a patrimonial matter.
First, the Court focused on determining whether the constitutional action was appropriate, and if so, it would then analyze the claims regarding the motivation of the judicial decisions. This type of action is primarily
res judicata
designed to defend constitutional rights, not patrimonial issues.
Regarding the violation of legal security, the Court analyzed the unauthorized use of the actress’s image after the termination of a contract with the channel. The actress claimed that, although the contract for the exploitation of her image had ended, the channel continued to use her image without compensation. The Court emphasized that this contract was of a civil nature, and any dispute should have been resolved through arbitration, not by means of a constitutional action.
The Court concluded that, although the channel continued to use the actress’s image without payment between 2011 and 2016, this dispute should have been resolved through ordinary justice, as the constitutional action was not suitable for addressing a patrimonial matter. Therefore, no violation of fundamental rights had occurred, but rather an economic dispute related to the use of the image.
Improper Use of the Constitutional Action
The Court pointed out that the actress’s claim was not based on a violation of fundamental rights, but rather on the request for financial compensation for the unauthorized use of her image. In this regard, the right to image, although linked to intellectual property, is a patrimonial right that should not be protected through an extraordinary constitutional action but rather through other means, such as arbitration or ordinary justice.
As a result, the Court considered the constitutional action inadmissible and stated that accepting such an action violated the right to legal security, as it distorted the purpose of this type of action. Despite this, some judges issued a concurrent opinion, stating that the Court should have delved deeper into the distortion of the constitutional action rather than simply declaring it inadmissible. They argued that failing to do so could turn constitutional action into an ordinary remedy, which would undermine the autonomy of the judges of the lower courts.
Concurrent Opinions
Judges who issued concurrent opinions also commented that the dispute should have been resolved through arbitration, as stipulated in the agreement between the parties. Arbitration agreements prevent disputes from being brought to ordinary courts, so in this case, the judges should have recused themselves from hearing the case.
Additionally, one of the concurrent opinions noted the lack of analysis regarding the possible violation of fundamental rights, such as the right to image. The judge who issued this opinion suggested that, under certain circumstances, such as an imbalance of power or situations of subordination, the Constitution could allow for a review of contractual relationships, thus justifying an examination of the merits concerning the violation of constitutional rights.
Conclusion
The ruling of the Constitutional Court establishes an important precedent regarding the use of extraordinary constitutional actions in matters of image rights and intellectual property. Although these rights are constitutional guarantees, the Court determined that they should not be invoked in cases of patrimonial damage. In this case, the actress sought financial compensation for the unauthorized use of her image, which corresponds to a patrimonial dispute that must be resolved through other legal mechanisms, such as arbitration or ordinary justice.
In conclusion, this ruling emphasizes that, although the right to image is constitutionally protected, extraordinary constitutional actions are not the appropriate means to resolve patrimonial conflicts related to its use. The jurisprudence confirms that matters related to intellectual property rights should be addressed through ordinary judicial channels, not constitutional mechanisms, unless there is a real violation of fundamental rights.
https://asipi.org/biblioteca/es
During the second semester of 2024, ASIPI with the collaboration of its members, has made the following publications that can be found in our library
• Study on Traditional Guaranteed Specialties: A Great Opportunity for Latin America’s Economic and Social Development: https://asipi.org/biblioteca/en/download/especialidades-tradicionales-garantizadas-etg/
• From Idea to Market: How to Manage Intellectual Property: https://asipi.org/biblioteca/en/download/de-la-idea-al-mercado/
The vibrant and cosmopolitan City of Panama served as the perfect backdrop for ASIPI’s Work Sessions and Administrative Council, held from December 1 to 4, 2024. This destination, which combines history, modernity, and culture, welcomed prominent professionals and experts in Intellectual Property, who had the opportunity to deepen their knowledge and connect with their colleagues during an event that marked a special milestone: the 60th anniversary of ASIPI
Over four days of intense activities, attendees participated in a carefully crafted program that included panels led by specialists in the field of Intellectual Property, workshops exploring current topics, and social events that encouraged networking and strengthening professional ties.
The Workdays not only provided a space to acquire knowledge and new perspectives but also to debate the challenges and opportunities facing the region in this field. Filled with learning and connections, they left an indelible mark. Celebrating six decades of history was more than an institutional milestone; it was a moment to reflect on the impact of Intellectual Property as a development driver, on the path traveled, and the road ahead.
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Academic activity and signing of an agreement with the Santa María La Antigua Catholic University
ASIPI and the Santa María La Antigua Catholic University in Panama signed a collaboration agreement aimed at conducting joint activities that benefit the student community. This initiative is part of the objectives of the Working Group “The Role of Universities in Developing Intellectual Property,” which seeks to bring IP closer to the university sphere.
As part of the scheduled activities, a talk organized in collaboration with the university’s Faculty of Law took place in the afternoon, titled “Artificial Intelligence and Intellectual Property.” The event featured Nicole Pérez as the representative from ASIPI, who addressed key topics regarding the challenges and opportunities of AI in this field. This event marked the start of actions to be carried out under the agreement.
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ASIPI EMPRENDE and ASIPI PRO BONO Training and clinics in Panama
With great success, ASIPI EMPRENDE and ASIPI PRO BONO held a training session for entrepreneurs, organized with the valuable support of AEI-Alliances for Entrepreneurship and Innovation Panama and SURA. During the event, 30 entrepreneurs received training in Intellectual Property and had the opportunity to learn in depth about the activities developed by these ASIPI programs, thanks to presentations made by their leaders.
Additionally, PRO BONO Clinics were conducted, where each entrepreneur could present their personal case and receive guidance from local and foreign lawyers who generously shared their time and knowledge. Participants expressed satisfaction with the responses to their concerns, while ASIPI partners highlighted the gratitude of beneficiaries and the opportunity to witness the impact of their work up close.
Workshop “Counterfeiting and Piracy: Challenges and Threats – Innovative and Effective Strategies”
The workshop “Counterfeiting and Piracy: Challenges and Threats – Innovative and Effective Strategies” was held in both in-person and virtual formats, with the participation of authorities from Panama and Latin America. It addressed current challenges in the fight against piracy and counterfeiting, sharing innovative strategies and best practices from the public and private sectors to protect intellectual property rights.
The program included panels on IP crime investigations, border measures, and the piracy of products, content, and medications, along with practical cases to identify counterfeit products. Attendees highlighted the value of these sessions and the opportunities for collaboration with regional experts, reinforcing ASIPI’s commitment to effective solutions to this issue.
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Meeting of The Host Committee of El Salvador
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Meeting of The Host Committee of Argentina
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Meeting of The Geographical Indications Committee
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Luncheon with the Executive Committee and former Presidents
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During the ASIPI ACADEMIA meeting, led by Matías Noetinger, a review of the courses offered in 2024 was conducted, emphasizing the relevance of the topics addressed for different professional sectors. The impact of training directed at judicial authorities, such as the Judiciary Council of Ecuador and the Judicial School of Guatemala, was mentioned. Furthermore, the work of the coordinators who made this year’s achievements possible was recognized, and a proposal for courses for 2025 was presented. Lastly, some ideas were shared to promote registrations for future courses.
ASIPI ACADEMIA Meeting
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NATIONAL DELEGATES MEETING
Luis Henriquez, ASIPI president, opened the meeting with introductory remarks and a special thank-you to attendees, highlighting the significance of regional visits and the crucial role delegates play in their respective countries. Special mention was made of the Panamanian delegates for their outstanding work in organizing the Workdays. The meeting included contributions from delegates from Argentina, Bolivia, Colombia, Cuba, Mexico, Ecuador, Honduras,
Uruguay, Venezuela, Peru, Costa Rica, and El Salvador, who shared progress and challenges in their respective jurisdictions, as well as proposals to strengthen ASIPI’s work at the regional level.
This space, implemented for the first time in 2024 at ASIPI Guatemala, was designed for national delegates to express their needs, challenges, and proposals, thus strengthening their strategic role within the Association.
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Wine Tasting and Pairing
SUNDAY, DECEMBER 1
Executive Committee
The ASIPI Executive Committee meeting was held, which included the participation of the Executive Committee, National Delegates, and Leaders of Committees, Programs, and Working Groups. Some distinguished working teams were given the floor to present their progress and challenges. Additionally, Luis Henriquez presented the Presidency report, highlighting the activities carried out during the year and the progress made toward ASIPI’s objectives. Martín
Pittaluga, on his part, detailed the most relevant administrative and operational aspects in the Secretary’s report, while Ricardo Fischer, in the Treasurer’s report, confirmed ASIPI’s financial stability. ASIPI continues to solidify its position as a dynamic and ever-evolving association. During the meeting, the new website was also presented, marking another step toward modernization and institutional strengthening.
SUNDAY, DECEMBER 1
Signing of an Agreement between ASIPI and Fe y Alegría
The Executive Committee meeting concluded with the signing of a collaboration agreement between ASIPI and the International Federation Fe y Alegría, represented by Father Daniel Villanueva, a Jesuit priest and general coordinator. Fe y Alegría is an international movement for popular education and social promotion that drives comprehensive and inclusive educational processes from, with, and for the com-
munities in which it operates, promoting and defending the universality of the right to quality education as a public good. This agreement reinforces ASIPI’s commitment to social and educational development and marks the beginning of new joint initiatives. As the first shared project, ASIPI will support Fe y Alegría in managing and regularizing its brand globally.
SUNDAY, DECEMBER 1
Lunch meeting of Working Committees, Special Commissions, Programs, and Working Groups
During lunch, meetings of Committees, Programs, Commissions, and Working Groups took place. These meetings represent an opportunity for ASIPI members to meet in person and continue advancing the objectives set by each team for the 2023-2025 period.
SUNDAY, DECEMBER 1
Lunch meeting of Working Committees, Special Commissions, Programs, and Working Groups
SUNDAY, DECEMBER 1
Lunch meeting of Working Committees, Special Commissions, Programs, and Working Groups
SUNDAY, DECEMBER 1
Lunch meeting of Working Committees, Special Commissions, Programs, and Working Groups
SUNDAY, DECEMBER 1
ASIPI Mentoring and meeting for First-Time Attendees
On Sunday, a meeting was held for ASIPI members attending a physical event for the first time. Luis Henriquez, ASIPI President, along with Raquel Toñanez and Augusto Perera, Secretary of the ASIPI MENTORING program, and Margarita Zambrano, Coordinator of the ASIPI PRO BONO program, extended warm welcome messages to the first-time attendees. Each of them was assigned and introduced to a mentor with experience within ASIPI to guide them on their journey within the Association. The meeting concluded with space for conversation and networking in a relaxed atmosphere.
SUNDAY, DECEMBER 1
ASIPI JOVEN Meeting
ASIPI JOVEN is a group for members under 35 years of age, which was officially formed in 2024. Following its first meeting in La Antigua, they generated a very interesting gathering in Panama with a specially invited speaker for the occasion. The meeting was inaugurated by Blanca Mejía, Coordinator of ASIPI JOVEN, who welcomed the attendees, presented the program team, and introduced the invited speaker, Carlos Algecira, a specialist in “Applied Neurosciences for the Development of Public Speaking Skills.” The talk provided young people with practical tools to improve their communication and leadership. Enrique Mullen, Secretary of ASIPI PRO BONO, then presented the program and invited attendees to join. The meeting concluded with networking time, where participants could strengthen connections in a close and collaborative environment.
SUNDAY, DECEMBER 1
Opening Ceremony
The opening ceremony featured speeches from María Eugenia López Arias, Chief Justice of the Supreme Court of Panama; Marco Alemán, from WIPO; and Luis Guinard, from the Host Committee. Luis Henriquez, president of ASIPI, welcomed attendees with an inspiring message and presented a commemorative video cel-
ebrating the 60th anniversary of the Association, highlighting its advancements and achievements in 2024.
The event concluded with a participation by keynote speaker Ricardo Koyner, who shared the fascinating success story of Panama’s Geisha coffee.
SUNDAY, DECEMBER 1
Opening Cocktail
MONDAY, DECEMBER 2
From the Seminar of La Antigua Guatemala, the Running Tour evolved to offer personalized challenges: the blue (7k run), green (4k run), and white (2.5k walk). In Panama, around 50 participants ran along the iconic Cinta Costera in a day filled with enthusiasm and energy. Organized by ASIPI FIT and the Social Action Committee, the proceeds from this event will be donated to the institution Fe y Alegría, contributing to generating a positive impact in the community.
Running Tour
MONDAY, DECEMBER 2
Is ai a reflection of human biases and a threat to privacy?
The panel, moderated by María Belén Cañas (IN-LEGAL, Ecuador), addressed the ethical and technical challenges of artificial intelligence from a comprehensive perspective. Manuel Desantes (University of Alicante, Spain) reflected on the impact of AI on privacy, creativity, and innovative processes, highlighting ethical and legal risks. Juan Manuel Contreras (Aymara, United States) analyzed biases in AI systems, emphasizing how data and algorithms can perpetuate human biases and the importance of ethical practices to mitigate them.
MONDAY, DECEMBER 2
ASIPI in Action: presentation of Studies and Special Works
In a panel moderated by Luis Henriquez, president of ASIPI , three studies developed by the Association were presented to delve into strategically impactful topics in the region. Mario Pomares, Luis Alonso García, and Jorge Chávarro highlighted the impact of Designations of Origin and Geographical Indications on social and economic development. Maritza Reátegui and Mónica Bonnett analyzed the cannabis
industry in Latin America, focusing on regulation and economic development. Ray Meloni concluded with a study on Guaranteed Traditional Expressions, emphasizing the importance of preserving cultural traditions through legal tools. The panel reaffirmed ASIPI’s commitment to analyzing and promoting intellectual property topics that positively impact the region’s development.
MONDAY, DECEMBER 2
Dispute resolution in advertising
In a panel moderated by Ana Cristina Arroyave (IDEAS - Costa Rica), experts from Latin America and Europe discussed advertising dispute resolution systems. Rafael Atab (AIPPI - Brazil), Maria Jimena Cobreros (Procter & Gamble - Panama), Jordi Güell (ECTA - Spain), and Sergio Barragán (Pepsico - Mexico) analyzed how companies manage disputes over packaging, slogans, comparative advertising, and more, highlighting the role of public and private entities as an alternative to traditional judicial actions.
The need to harmonize jurisdictions was emphasized to foster predictability, balance advertising creativity and IP rights, and promote a more transparent and competitive business environment.
MONDAY, DECEMBER 2
Intellectual Property, Privacy, and Image Rights: current issues in the adult entertainment industry
Moderated by José Roberto Herrera (Herrera Díaz Abogados - Colombia), this panel brought together Marc Randazza (Randazza Legal Group - United States) and Jennifer McCarthy (Playboy Enterprises, Inc. - United States) to explore the legal and ethical challenges currently faced by the adult entertainment industry. From the unauthorized use of content on unofficial platforms to the growing problem of identity theft through technologies like artificial intelligence, the discussion addressed key issues at the intersection of intellectual property, privacy, and image rights.
MONDAY, DECEMBER 2
Virtual influencers in the age of Ai: Legal, Intellectual Property, and Ethical Challenges of New Digital Marketing Protagonists
Moderated by José Antonio Arochi (Arochi & LindnerMexico), this panel explored the impact and legal, ethical, and intellectual property challenges associated with virtual influencers, an innovative tool in digital marketing.
Speakers Mary K. Engle (BBB National Programs - United States) and Kathryn Farrara (Unilever - United States) analyzed how advancements in artificial intelligence have
enabled the creation of characters and tools to interact with global audiences, generating effective and organic reach for brands.
Among the highlighted topics, legal challenges in the protection of virtual characters, negotiations for commercial use contracts, and ethical implications of their implementation were discussed.
MONDAY, DECEMBER 2
Design and Brand: the synergy that enhances business value
Moderated by Iván Sempere (PADIMA - Spain), the panel analyzed how product design, along with strategic brand management, boosts reputation, loyalty, and business value. Robert Katz (United States), Luiza Duarte (Brazil), and Edanela Perez Broce (The Netherlands) highlighted cases of companies like Philips and Havaianas that have used design to
differentiate themselves in competitive markets. The importance of protecting designs as intellectual property assets and communicating their value was underscored, emphasizing that the synergy between design and brand strengthens the emotional connection with consumers and ensures sustainable growth.
MONDAY, DECEMBER 2
UNH Franklin Pierce School of Law, an academic partner of ASIPI, offered an information session where attendees learned about the university’s educational offerings and the details of the 2025 Scholarship Competition, available to all ASIPI part-
ners. Dean Megan Carpenter and Director of Admissions Sarah Dorner were present to answer questions and provide personalized guidance, strengthening the joint commitment to academic training in intellectual property.
UNH Franklin Pierce School of Law information session
MONDAY, DECEMBER 2
Awards:
Best Industrial Designs Competition 2024
The Industrial Designs and Trade Dress Committee of ASIPI held the third edition of the “Best Industrial Designs” competition, reaffirming its commitment to promoting the protection of designs as a pillar of intellectual property. On this occasion, students and rights holders from Panama, Colombia, Guatemala, Mexico, Ecuador, Brazil, Peru and Paraguay participated, reaching a record of more than 40 applications. The
designs were evaluated by a distinguished panel of judges, and the winners were: Corporación COTECMAR from Colombia, with its design “Buque de Apoyo Logístico y Cabotaje” (Logistics and Coastal Support Ship), in first place; Nuno Acosta from Ecuador, with “Twins - Thirdlings Collection”, in second place; and Gustavo Adolfo from Colombia, with “Mulita Arriera”, in third place.
MONDAY, DECEMBER 2
Studies Cocktail at the Biodiversity Museum
MONDAY, DECEMBER 2
Asipi Arte Manos Solidarias: Art that Transforms Lives
During our Workdays in Panama we carried out the Arte Manos Solidarias initiative, a silent auction of original works of art organized by the Social Action Committee.
TUESDAY, DECEMBER 3
Workshop.
The use of copyright in trademark proceedings and unfair competition as a residual action against the impairment of ip rights
With a panel composed of María de los Ángeles Lombeyda (Ecuador), Brian Rupp (United States) and Brett Heavner (United States), and moderated by Lorena Mersan (Paraguay), the workshop explored both the use of copyright as a defense in trademark conflicts and emerging trends in unfair competition cases in Latin America. The debate highlighted how these resources can serve as key tools to address gaps or limitations in the traditional protection of IP rights. The panelists analyzed practical cases and shared innovative approaches to identify common elements in the legal systems of the region, offering strategic solutions that strengthen the defense of intellectual property rights in the face of complex and multifaceted challenges.
TUESDAY, DECEMBER 3
Workshop.
Searching for and using patent information
The workshop provided attendees with a comprehensive overview of how to maximize the strategic value of information contained in patents. With the participation of Sharon Crane (United States) and Alexander Agudelo (Colombia), and under the moderation of Monique Rodrígues Teixeira (Brazil), key topics were addressed, such as the panorama of patent information in Latin America, the management of databases, equations and classifications, as well as the efficient use of information in the public domain. The workshop included practical exercises that facilitated the understanding and application of these tools, offering participants resources to identify innovation opportunities and strengthen business strategies.
TUESDAY, DECEMBER 3
Workshop.
Arbitration proceedings in Intellectual Property matters. Practical case
The workshop offered a dynamic and highly instructive experience by immersing participants in the simulation of a hypothetical intellectual property arbitration case. In this activity, participants took on the roles of lawyers, arbitrators and parties involved, while members of the Arbitration Committee played the main roles, guiding the process step by step. One point worth highlighting was the creative touch that participants brought to the process, using elements of costume and characterization that not only facilitated immersion in the roles, but also provided a playful and entertaining atmosphere.
TUESDAY, DECEMBER 3
Workshop.
Restoring balance: burnout and mental health
The workshop addressed one of the most worrying challenges of our time: professional burnout and its impact on people’s well-being. With the participation of leading experts such as Vilma Iturralde de De León (Panama) and Francisco Pérez (Ecuador), and moderated by María Fernanda González (Mexico), this panel offered practical tools to identify, manage and prevent burnout, as well as foster organizational cultures that prioritize mental health and resilience. Francisco Pérez shared a powerful presentation, ex -
ploring the causes of burnout and some strategies to overcome it, based on both research and his personal experience. For her part, Vilma Iturralde highlighted the importance of building “organizational happiness,” proposing solutions that align the well-being of employees with business objectives. The workshop invited attendees to reflect on the importance of taking care of their physical, emotional and mental health to achieve a sustainable balance between productivity and well-being.
TUESDAY, DECEMBER 3
Sports: golf
TUESDAY, DECEMBER 3
Sports: padel
TUESDAY, DECEMBER 3
Sports: football
TUESDAY, DECEMBER 3
Sports: tennis
TUESDAY, DECEMBER 3
Sunset and Barbecue
TUESDAY, DECEMBER 3
We respect
WEDNESDAY, DECEMBER 4
Yoga Class
The day began with a yoga class given by Francisco Pérez (from Pérez Bustamante & Ponce - Ecuador). ASIPI members took the opportunity to relax after days of conferences, activities and networking.
WEDNESDAY, DECEMBER 4
Breakfast: Green Innovation Contest Awards Ceremony
The second edition of the Green Innovation contest sought to highlight initiatives by individuals, micro and small businesses in America, promoting the strategic use of intellectual property to develop ideas that contribute to environmental care and economic progress.
The jury, made up of ASIPI members, evaluated each proposal under strict criteria of originality, sustainability and technical viability. They highlighted the improvement in the quality of the processes presented. The finalists Ailton Pereira (Brazil), Manuel F. López (Mexico), and Mario H. Rodríguez (Argentina) demonstrated with their projects the transformative power of green innovation. Finally, the award was given to Mario H. Rodríguez, for his project “Method for the dissolution with acid of LICOO2 contained in spent lithium-ion batteries”. ASIPI celebrates this type of initiatives, reaffirming its commitment to promote projects that combine creativity, technology and sustainability throughout the region.
WEDNESDAY, DECEMBER 4
Global Power, Spatial Power
The panel, moderated by Megan Carpenter (University of New Hampshire, United States), explored the opportunities and challenges of the space economy in the Fifth Industrial Revolution. With interventions by Christopher Hearsey (OSA Consulting, United States) and Samson Williams (University of New Hampshire), it was highlighted how this sector will surpass the GDP of entire regions, including Latin
America, demanding technological, economic and legal policies that foster innovation.
Topics such as regulation, equitable access and the commercial potential of space were addressed, underlining that this new frontier represents a present opportunity to transform economies and redefine global power, a challenge that Latin America must capitalize on.
WEDNESDAY, DECEMBER 4
From Idea to Market:
Strategies and best practices to promote innovations, ensure their protection through intellectual property rights and facilitate their arrival to the market and their monetization
The panel explored the strategies and best practices that allow entrepreneurs and business owners to transform an idea into a successful and commercially viable innovation. With the participation of Marco Matías Alemán (WIPO - Switzerland) and Anil Sadarangani (Universidad de los Andes - Chile), and under the moderation of María del Pilar Troncoso (Troncoso Leroux - Dominican Republic), a clear and practical roadmap was offered to protect intellectual creations through Intellectual Property (IP) rights and maximize their monetization potential.
This approach seeks to empower SMEs, demonstrating how IP can be a key tool for their growth, profitability and sustainability. In addition, the importance of connecting academia with the market was highlighted, emphasizing how the innovation areas of universities play an essential role in linking academic research and development with the needs of the market and companies.
WEDNESDAY, DECEMBER 4
From Idea to Market
The event also included the presentation of the third edition of the book “From Idea to Market”, developed in collaboration between ASIPI and the Universidad de los Andes in Chile. This book, which was developed by several ASIPI committees, has
been updated with key information and enriched with an unpublished chapter on artificial intelligence, addressing one of the most relevant and current issues in the field of innovation and intellectual property.
WEDNESDAY, DECEMBER 4
“Dare to get naked”: 6 non-negotiable indicators to lead and manage your firm
This panel invited attendees to honestly explore the strengths and areas for improvement of their law firms, identifying six key indicators to successfully lead and manage them.
Moderated by Pablo Armando (Armando, Noetinger & Armando Abogados - Argentina) and with the participation of Jorge Saldivar Cerda (Becerril, Coca & Becerril - Mexico), practical strategies were discussed to optimize processes, maximize profits and strengthen firms.
The panel also addressed the challenge of prioritizing between selling more or improving the operational structure, and how law firms can balance these areas to achieve success. Clear solutions and concrete tools were offered to advance in a competitive market. In addition, the importance of aligning partners’ skills with the firm’s strategic functions was emphasized, highlighting that effective leadership is key to transforming challenges into real growth opportunities.
WEDNESDAY, DECEMBER 4
The secrets of the best alliances between companies and firms
This panel brought together leaders from the business and legal fields to analyze the dynamics and best practices that support successful relationships between companies and Intellectual Property (IP) firms. Moderated by Diana Arredondo (Amazon - United States), and with the participation of Erika Starost (AJE Group - Peru), Federico Bueno (Ab InBev - United States) and Roberto Vargas (Pfizer Inc. - United States), the debate focused on how leading companies manage IP as a strategic asset and how they structure their relationships with external firms to maximize the impact of this collaboration.
The panelists shared valuable experiences about the expectations of in-house lawyers in their role as liaisons between key areas of their companies, such as marketing and innovation, and IP-specialized firms. Good practices, common mistakes to avoid and the importance of understanding business dynamics to offer a service that truly adds value were addressed.
WEDNESDAY, DECEMBER 4
Clearance of rights in the audiovisual and music industry
The panel brought together leading experts to address the challenges and best practices in obtaining the necessary permits and licenses for the legal use of music and other creative elements in audiovisual productions. Moderated by María Soledad Alvarez (Alvarez & Asociados - Argentina) and with the participation of Deyanirr Solorio (OCESA - Mexico), Gerardo Muñoz de Cote (FILLIP - Mexico) and Juan Camilo Riva (Fever Labs Inc. - Spain), the discussion focused on key aspects of rights management, including the identification of owners, types of licenses such as synchronization, mechanical and public performance, and strategies to negotiate and ensure their correct obtaining.
In addition to music rights, the panelists explored issues related to the clearance of image rights, trademarks, buildings, biographies and works of art, providing a comprehensive perspective on the legal and commercial implications of these authorizations in creative projects.
WEDNESDAY, DECEMBER 4
Distribution of sneakers and donations by the Social Action Committee to Fe y Alegría
The Social Action Committee of ASIPI made the delivery of donations to Fe y Alegría, an organization dedicated to education and social development in several Latin American countries, with which ASIPI signed an agreement during these Workdays. Thanks to the efforts of this committee and the support of the participants of the Workdays, more than 7,000 USD were raised to repair classrooms. In addition, nearly 200 pairs of sneakers were delivered, donated by Puma, along with generous contributions from AE Group Bebidas, Brand Action Sandalias, and 34 cutarras, which were added to benefit children and young people. The collaboration between ASIPI, its strategic allies and Fe y Alegría demonstrates the positive impact that can be achieved when the business sector and social organizations work together.
WEDNESDAY, DECEMBER 4
Closing Dinner
WEDNESDAY, DECEMBER 4
Closing Dinner
Acknowledgements
Host Committee
Logistics Committee Academic Committee
Acknowledgements
Logistics Committee
Acknowledgements
Logistics Committee Academic Committee
Acknowledgements
INSTITUTIONAL SPONSORS
PLATINUM SPONSORS
GOLD SPONSORS
ACADEMIC PARTNER
MEDIA
Smart contracts. Two words that will make some IP lawyers want to cheer for their efficiency and others to bolt for the nearest paper contract.
ASIPI-ECTA
Joint Webinar on Smart Contracts and IP: A Mediator’s Perspective on What’s Next
Recently, I had the pleasure of moderating a fascinating webinar on this subject, a happy collaboration between ASIPI and ECTA. Joined by three eminently qualified experts in this area in the form of Nathalie Dreyfus (Dreyfus Law Office, France), Humberto Mendoza (Echaide, Mendoza & Asociados, Mexico) and Rafael Gamboa Bernate (Data & TIC Consultores, Colombia), we spent 90 minutes exploring this technology’s impact on the intellectual property world.
By the end of the session, one thing was clear: while smart contracts bring exciting possibilities, they also demand a new way of thinking from the legal world. Furthermore, as regulations are evolving and case law is barely starting to develop in this area, we must all be mindful of how and in what way we employ this new technology.
Here’s my take on what we discussed, what we learned, and why IP lawyers from all corners of the globe should be paying attention.
What are Smart Contracts and Why do They Matter?
Smart contracts are digital agreements that self-execute when predefined conditions are met. Imagine a vending machine: you pay, and it delivers – no human intervention is needed. Now imagine that same concept applied to contracts, where payments, licensing rights, or asset transfers happen automatically and are securely recorded on a blockchain.
For the uninitiated, blockchains are a series of data blocks, each with unique code which send instructions to the next. One change to a piece of code will interrupt the whole chain making it virtually incorruptible –and herein lies the path to security and trust. While there are public and private blockchains, in IP terms we are essentially talking about private blockchains where only authorised users can see the data.
This level of automation has massive implications for IP. Think about real-time royalty payments for music streaming or tamper-proof records of trademark ownership. For industries drowning in paperwork and disputes, this technology offers a lifeline, if it’s implemented wisely.
The Upsides: Efficiency, Transparency, and Global Reach
Our panellists unanimous agreed that smart contracts can make IP management simpler, faster, and more transparent, and here’s how:
Firstly, automation saves time. By automating processes like royalty distribution or licensing approvals, smart contracts eliminate administrative delays and reduce costs. A songwriter, for instance, could receive instant payment every time their track is played – no chasing down streaming platforms or intermediaries.
Secondly, because smart contracts live on a blockchain, every transaction is securely and permanently recorded. This creates a reliable source of truth, an immutable record, for disputes over ownership, licensing terms, or infringement.
Finally, as digital assets cross borders with ease, smart contracts offer a way to manage IP rights on a global scale. But, as our discussion revealed, jurisdictional questions can complicate this ideal.
The Challenges: Rigid, Risky, and Legally Murky
Despite their promise, however, smart contracts are not without flaws. In fact, they raise as many questions as they answer, especially for IP lawyers accustomed to the flexibility of traditional contracts.
Firstly, smart contracts are literal. They do exactly what they’re programmed to do and this creates problems for clauses requiring human judgment, like “reasonable efforts” or “good faith.” As one panellist noted, even the most sophisticated code can’t replicate the nuance of human interpretation.
Secondly, the technology isn’t foolproof. A poorly written contract or security flaw can have catastrophic consequences, as seen in the 2016 DAO hack, where $50 million in virtual currency was stolen due to a coding error. The takeaway? Smart contracts need thorough auditing before they’re deployed. Systems In the event of litigation, liability could be distributed
Finally, while jurisdictions like the EU are starting to create rules for smart contracts (notably through the Data Act), most legal systems haven’t caught up. This creates a patchwork where contracts might be enforceable in one country but not another. The case law is almost non-existent as well. Hybrid models, combining coded execution with traditional legal documents, are the current best practice.
Lessons Learned: A Practical Guide for IP Lawyers
The webinar wasn’t all about problems – it was full of practical insights for navigating this brave new world. If you’re an IP lawyer wondering where to start, our panel furnished us with a few tips…
Embrace Interdisciplinary Collaboration: Smart contracts aren’t just a legal issue – they’re a technical one, too. You’ll need a team that includes coders, cybersecurity experts, and blockchain auditors. As lawyers, we’re used to drafting language; now we must draft logic, too. Make sure you employ the right skillsets.
Prioritise Security and Auditing: A smart contract is only as good as its foundation. Before you deploy a contract, it is vital that you have it audited for vulnerabilities. Many platforms offer built-in tools for this, which can help catch errors before they become expensive mistakes. While we discussed the availability of insurance policies to cover litigation in this area, it is well-established that prevention is better than the cure.
Use Hybrid Models: For now, pure smart contracts are not practical for complex IP transactions. A better approach is to pair the code with a traditional written agreement, ensuring that subjective terms and jurisdictional concerns are addressed. This gives you the benefits of automation without losing legal flexibility.
Know Your Platform: Not all blockchain platforms are created equal. When choosing one for IP-specific contracts, look for strong encryption and security around data, compatibility with traditional legal documents, and robust auditing tools. Transparency and reliability are fundamental.
The Future: What’s Next for Smart Contracts?
Are smart contracts the future of IP law? The short answer is yes, but not without some growing pains. Regulations are coming about piecemeal and smart contract-related case law is still in its infancy, mostly relating to electronic documents generally. As was the consensus during the webinar, we are somewhat at the mercy of regulations that are unlikely to prove fit for purpose as they stand, that in turn leave us open to potentially oppositional interpretations in the court room.
Furthermore, the debates over the EUs controversial “kill switch” – allowing a contract to be terminated – are still raging in the blockchain community. And we must learn when to bring in technical experts to oversee the elements that we, as lawyers, are just not equipped to deal with. This has to be a team effort.
Nonetheless, all parties agreed that while we await better judicial frameworks to guide us, lawyers and judges alike would benefit from a greater technical understanding of blockchain and smart contracts to provide more clarity in our advice to our clients, and for better interpretation of smart contracts in the court.
As our panellists pointed out, industries like finance and gaming have already embraced this technology, and IP is poised to follow. So what we can expect in the years ahead?
• Better Legal Frameworks: Jurisdictions like the EU are starting to introduce rules, but global consistency is still lacking. Over time, we’ll likely see more robust regulations to address the unique challenges of smart contracts.
• Smarter Code: Advances in AI could make contracts more flexible, enabling them to interpret subjective terms or adapt to unforeseen circumstances. However, this raises its own set of legal and ethical questions.
• Sustainability Concerns: Blockchain technology is notoriously
energy-intensive. For smart contracts to scale responsibly, we’ll need solutions that reduce their environmental impact.
Conclusion: A Balanced Approach
As IP lawyers, we’re no strangers to change. We’ve adapted to new technologies before – trademarks in the metaverse, copyright for AI-generated art – and smart contracts are simply the next chapter. They’re not perfect, but they offer an opportunity to reimagine how we manage rights, resolve disputes, and serve our clients in a digital world.
The key is balance. The good news for us as lawyers is that our human interaction in pre-contract negotiations will still be required, and a certain amount of human interpretation will still be essential in the contractual process itself, as well as in enforcement. However, by embracing the strengths of smart contracts while addressing their limitations, we can shape a future that’s both innovative and legally sound. The future of IP isn’t just about protecting creativity – it’s about harnessing it, with all the tools at our disposal.
EL SALVADOR: LAND OF HOSTS AND VENUE FOR THE NEXT ASIPI CONGRESS
Edna López Toledo is the current President of the Salvadoran Association of Intellectual Property (ASPI), an organization dedicated to promoting and strengthening the protection of intellectual property rights in El Salvador, fostering innovation and economic development in the country.
In this context, Edna takes this opportunity to highlight the upcoming ASIPI seminar in El Salvador, where she serves as Co-Chair of the Host Committee alongside José Roberto Romero.
Edna López Toledo President of the Salvadoran Association of Intellectual Property (ASPI) Co-Chair of the ASIPI El Salvador Host Committee
El Salvador, a small country in size but large in history and potential, has made significant strides toward modernization in recent years across various sectors including the economy, politics, social affairs, and its legal framework with the approval of the new Intellectual Property Law, which will come into effect in February 2025.
In recent years, we have seen significant advancements in infrastructure, digitalization, and a strong push towards innovation and entrepreneurship.
This dynamism is also reflected in the way we understand and protect intellectual property. The government Entities responsible for this area have committed to strengthening their capabilities,
ensuring a safer and more attractive environment for creativity and investment.
The new Intellectual Property Law aims to position the country as a leader in intellectual property protection in Latin America by facilitating access and improving efficiency for users through the complete digitalization of its processes.
As a result, El Salvador is preparing to become an alternative venue for the resolution of intellectual property disputes. This will benefit both local actors and foreign brands looking to protect their rights in the country, making El Salvador an attractive destination for investors and entrepreneurs.
Evidence of these changes is seen in El Salvador’s position at number 18 in the brand origin subindex of the 2024 Global Innovation Index. Additionally, the largest percentage of new businesses registered in the country belongs to the commerce sector, with the highest number of brand applications led by the gastronomy and food products sector, which has overtaken the pharmaceutical sector after decades.
It is an honor for us to host you once again in our city, nearly 30 years after the last ASIPI congress was held in our country in 1994. We are very excited to have your presence and offer you a memorable congress and a great experience—not only to share knowledge and strengthen cooperation among legal professionals and friends but also to explore our rich cultural heritage. This includes museums housing impressive collections of pre-Hispanic artifacts, as well as those showcasing contemporary local artistic talent, such as the MARTE Museum; or Joya de Cerén, recognized as a UNESCO World Heritage Site; not to mention natural tourism attractions, such as mountains, volcanoes, surf beaches like El Tunco, or relaxation spots like Costa del Sol, lakes, and national parks such as “El Imposible.”
We invite the readers of MUNDO ASIPI to attend the upcoming congress in El Salvador. We hope that all attendees will find not only a space for learning but also a place to meet and enjoy, where law, culture, and tourism come together to offer a unique experience.
Welcome to El Salvador!
Upcoming events
ASSOCIATIONS EVENTS 2025
XXIV International Congress of Intellectual
XX Regional Meeting ABAPISUL
SCT/48 Session Permanent Committee on Trademark Law, Industrial Designs, and Geographical Indications WIPO
March 17 - 19
Grand Mercure Sao Paulo Ibirapuera, Sao Paulo, Brazil
20 - 23 Foz do Iguacu, Brasil
24 - 27
Diego Marina Hotel, San Diego, CA
2025 Annual Meeting INTA May 17 - 21 San Diego Convention Center, San Diego, CA
ASIPI Seminar ASIPI June 8 - 10 Hilton San Salvador, El Salvador
43rd Annual Conference - Bears on the loose ECTA June 18 - 20 Berlin, Germany
https://www.aipla.org/detail/ event/2025/10/30/default-calendar/ aipla-2025-annual-meeting October 11 - 16 2025 FICPI World Congress & Executive Committee Meeting
The first TSGs in the Andean Community. Experience and challenge
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
July 25th
A new step in branding: Protecting the distinctive appearance of stores August 1st
Sustainable Fashion: A Look at Legal Aspects and Strategies for a Conscious Future
The major tasks of the CEO
ASIPI - UNH Franklin Pierce Scholarships - Testimonials from Scholarship Recipients and Launch of the 2024-2025 Edition
Adriana Barrera, Hugo Vila, Arturo Ishbak https://www.youtube.com/watch?v=dWBL8jHACgc
Giselle
Adriana Barreda, Bart De Moor, Stijn de Nijs, Luis Kudo (M)
Eduardo C. A. de Mello e Souza, Mora Kantor, Gerson Vaca Avendaño, Martín Michaus (M)
Stories
THIS IS NOT A PIPE
Saúl Álvarez Lara
Just beneath the oil-painted depiction of a pipe, part of the series The Treachery of Images, René Magritte inscribed the words: “This is not a pipe.” The object in question could be nothing other than a pipe, and yet, for the painter, the object transcends what it represents: its origin, its materials, its texture, the pleasure it offers to whoever encounters it.
I was introduced to Magritte and his paintings one afternoon, between two shifts as a kitchen apprentice, in a gallery near the restaurant. After that encounter, I didn’t return to work—not that day, nor the next, nor the one after that. If Magritte could assert that a pipe was far more than what it represented, it seemed worth trying to see, feel, or perceive the world as he did. Since that day, I’ve crossed paths with Magritte’s pipe on multiple occasions. I even have a miniature version of it near my workspace.
A couple of months ago, one afternoon, I spotted the object from the drawing on a cluttered table overflowing with odds and ends. I picked it up, studied it, and Magritte’s pipe came to mind. I asked the man who seemed to be in charge of the table if the object I held was, indeed, a pipe. The man, seated on a stool almost flush with the ground, looked at me and said, “It’s not a pipe.” I bought it and brought it home. Since that day, the object—which, to the man, wasn’t a pipe but, in the strictest sense, is the representation of one—has occupied a nearby and visible place in my home.
If I had the chance to ask Magritte, he might say it is one, and his answer would confirm that objects are not what they represent but what they signify—beyond their materials, their use, their form. That’s when I decided to draw it, with pen and ink, as always. I was tempted to write Magritte’s assertion beneath the drawing, but I didn’t. I didn’t write it. Yet if someone asks, I’ll answer that yes, it is a pipe…
Saúl Álvarez Lara / Esto es una pipa / Pluma y tinta sobre papel / 14.8 cm X 21 cm / 2023
Did you know…
• Apple had to pay $60 million to use the “iPad” trademark in China because someone had already registered it—for a computer brand that was never even manufactured!
• In 1997, Amazon introduced its groundbreaking “1-Click Checkout” feature. The famous patent remained valid for 20 years, preventing other online retailers from adopting such a simple function. This exclusivity was crucial in differentiating Amazon in the market and building strong brand value tied to this innovation. This case highlights how patents not only protect inventions but also enhance strategic positioning and brand recognition in the commercial arena.
• In December 2024, singer Adele was sued in Brazil by samba composer Toninho Geraes, who alleged that her song “Million Years Ago” infringes on his work “Mulheres.” Brazilian courts have prohibited Adele’s song from being played in the country until the case is resolved.
• James Earl Jones, the iconic voice of Darth Vader, authorized the use of his voice through artificial intelligence for future Star Wars projects. This represents a unique approach to intellectual property rights agreements.
