Dialogue

Interview with Peter Dirk Siemsen Pillar of Intellectual Property in Latin America

pProfile Peter Dirk Siemsen was born in Rio de Janeiro in 1929, he is a lawyer, member of the Brazilian Bar Association since 1957 and an Industrial Property Agent. He is currently an honorary senior partner of Dannemann Siemsen, Brazil.

Peter began his intellectual property practice as a patent designer in 1947 and is a founding member, along with other benefactors, of the Inter-American Association of Intellectual Property (ASIPI) in 1964 and, in 1963, of the Brazilian Association of Intellectual Property (ABPI). He is also Honorary President of ASIPI and ABPI. Distinguished member and collaborator of ABAPI, honorary member and former president of AIPPI, honorary member of FICPI, former vice president of the ICC Intellectual Property Commission, ICC regional ambassador for Latin America, Arbitrator of the Arbitration and Mediation Center of the WIPO and the CAS (Court of Arbitration for Sport), Member of the Board of the USTA (now INTA) and received the INTA Award in 2004. As if that were not enough, he was elected to the Hall of Fame Academy in 2013, and in 2016 he was recognized for his career in IP by the magazine “Marcasur”, together with Arturo Alessandri and Ricardo Tito Mejía. He is a member of GRUR, ECTA, ATRIP, LIDC, ASPI and the Board of Directors of AmCham/RJ.

In sports, Peter was South American sailing champion in the 1964 Star Class, entitled to the use of the Silver Star, member of the Brazilian Yacht and Powerboat Confederation, president of ISCYRA, vice president of ISAF and won the Beppe Croce, ISAF’s highest award. He was a member of the Jury in the America’s Cup 1988, Volvo Ocean Race 2002, among other championships. In fact, he was a jury in the sailing championship at the Los Angeles Olympics and a representative of the IYRU at the Seoul and Barcelona Olympics. He participated in various Patent Cups Regattas, representing Dannemann Siemsen.

We want to dedicate the interview of the first edition of the magazine to Peter Dirk Siemsen in gratitude for being the pillar, the support, the base of intellectual property in the region and because ASIPI members are impressed and inspired by his career.

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1. Tell us about your beginnings in intellectual property?

It all happened, as young people of today say, organically. In 1947 I was in high school and didn’t know what to do in the future. Since most of my friends were going to study engineering, I thought I’d do the same and started working as a designer apprentice. One day my great-uncle, Eduardo Dannemann, who had an Industrial Property office with only five people, asked me if I wanted to earn some extra money. I accepted and started making patent drawings for the office. At the end of that year, during vacation time, my great-uncle asked me if in my spare time I could work as a representative of the firm before the former DNPI (National Department of Industrial Property). I accepted. I would go to the ministry, copy the process, and take it to the office. When the holidays were over, I was hired.

Then I was called up for military service, I was a private in the battalion of guards in São Cristóvão, Rio de Janeiro. When I finished my service, the same great-uncle suggested that I study Chemistry, but I enrolled in Law. The class schedule allowed me to study and work, so I continued working on the Intellectual Property activity in the office. In 1952, I passed the exam for Industrial Property Agent and the following year, I was invited to become a partner in the office, which would become known as Dannemann, Siemsen & Cia.

2. What can you tell us about the legislation on intellectual property in Brazil and how did that motivate you to move around the world in search of associations of IP practitioners? 3. What advice would you give the members of the association to succeed as leaders in their firms?

In theory, IP legislation in Brazil began to develop early with the arrival of Dom João VI, who enacted a Law for the Protection of Innovations. In 1833 Brazil had its first Patent Law. In 1875 came the first Trademark Protection Law. In 1883 Brazil was one of the signatories of the Paris Convention. But in practice, IP never worked very well. In the 1940s, when I started serving in the area, all the paperwork was time consuming. The government made little investment to improve the DNPI (National Department of Industrial Property), the BPTO of the time. There were many uncontrolled processes. Qualified people were lacking. There was no career plan in the entity. In the 1960s, the situation of the DNPI became unsustainable because it did not account for the increase in the volume of trademark and patent processes, which led to the so-called backlog. It was necessary to improve the Brazilian patent system.

In 1963, I went to the AIPPI Congress in Berlin, which was attended by several Brazilians. There were several meetings there, including with Latin Americans, discussing the need to develop Industrial Property in Brazil and its participation in international events. It was there that we decided to found ABPI, an entity linked to AIPPI. At the same time there was a movement, including the participation of the Americans, to found an inter-American entity, which would be ASIPI, encouraging regional issues to also be brought to the discussion table. In 1964 in Mexico, with the presence of representatives from 17 countries of the American continent, ASIPI was officially founded. Then came the controversial and sensitive issues of the revision of the Paris Convention and the implementation of the PCT (Patent Cooperation Treaty). The first of them finally failed because the industrialized and developing countries were unable to agree on the issue of compulsory licenses. This issue was only addressed again at the Stockholm Convention in 1967 and the result was the founding of WIPO, within the framework of the United Nations. You know what follows.

Well, I appreciate the question. I would tell them that they must be dedicated, work hard and surround themselves well. Additionally, I would suggest several actions.

First, in the IP area, it is necessary to create profiles or descriptions of the jobs for which we have hired a team and we must value and encourage the development of the team’s talents.

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In 2016 Peter Siemsen was recognized for his career by the magazine “Marcasur” of Uruguay. In the photo with Arturo Alessandri and Ricardo Tito Mejía

Second, you must know the customer database. Partners who are leaders must reach out to each client and underscore the message that the entire firm (not just the client’s chosen attorney) is happy to serve the client. It is advisable to be aware of what clients think in order to receive feedback on the work we perform, gain in-depth knowledge of the client’s business, and determine the strategy to help the client achieve their goals. It is not just about accompanying him in an emergency when you have to put out fires. You must be there to prevent them. Only we really know what our client wants, although sometimes he does not express it well, he is not clear about it because he does not know the subject or does not know what is best for him. We have studied and we have the practice to accompany and direct him in the best possible way.

Third, if you are going to be an effective leader, or CEO, you must learn to delegate responsibilities to a capable team. Hire a reliable and competent CEO to take administrative responsibility for your firm and give you daily reports.

Fourth, start or renew your strategic plan because it is a living document that requires modifications and adjustments from day one. If you are a partner in an office or company, presumably you have a vision of what the company wants to become, and what you yourself want it to achieve. Sell this vision and build a coalition of support among partners.

Fifth, diversity. In the past we did not give importance to the opinion of all the collaborators but today that is essential. Everyone needs to be heard, regardless of gender, race, or religion. You never know when someone we have not considered will have a great idea. Americans call it “Managing by shaking hands”.

Sixth, invest in the future of your firm. Sometimes day-to-day life makes us forget that it is necessary to implement a first-class training program for the company and support business development initiatives. I, who will be 93 years old, tell you that it is necessary to always stay at the forefront of technological practices and improvements.

Finally, you have to have vision and courage to survive the crisis. We must also be creative to differentiate our business from those of the competition. Success is born and grows when there is a will to be the best you can be!

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Voices

ASIPI’s Work Committees, Special Commissions and Programs are the backbone of ASIPI. They are what sustain us in terms of knowledge, initiatives and projects. Here are some of the projects they are working on:

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Industrial Design and Trade Dress Committee creates award for the best design Copyright and Entertainment Law Committees develop joint projects

President Secretary

María Cecilia Romoleroux Eva Toledo Ecuador Spain

One of the objectives of the ASIPI Industrial Design and Trade Dress Committee is to raise public awareness of the impact of the industrial design protection system on the economy and employment. After all, industrial designs are intellectual property figures that protect the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape of an item, or two-dimensional features, such as patterns, lines, or colors.

To achieve this goal, ASIPI and the RAD (Colombian Association of Academic Design Network) organized the ASIPIDiseño awards which will be held for the first time in 2022. Applications are free and can be made between July 11 and September 14. The award ceremony will take place at the next ASIPI Work Sessions in Medellín. Those interested can consult the terms and conditions at: https://asipi.org/convocatoria-concurso-de-disenos-industriales-2022/

An Interactive Map on Collective Management Societies is the project that the Copyright and Entertainment Law committees are working on. It is scheduled to be launched during the ASIPI Work Sessions in Medellín in December 2022 and it will focus on collecting data and general information on the various existing collective management societies.

The map of the region, which could be accessed interactively, will have the following sections: 1. Name of the Collective Management Society; 2. Subject matter; 3. Website; 4. Contact email; 5. Physical address; 6. Telephone.

The committees especially thank the ASIPI national delegates for providing the basic information on Collective Management Societies, the members of the Copyright and Entertainment Law committees for validating this information, and all the other people involved in this new ASIPI project.

The Copyright and Entertainment Law committees hope that this new Interactive Map will not only be useful for ASIPI members, but also for colleagues and creatives in all latitudes who require information on collective management in the region. United we can produce better results!

Presidents Secretaries

Mercedes Castells Aldo Fabrizio Modica Copyright Copyright Uruguay Paraguay

José Roberto Herrera Entertainment Law Colombia Federico Fischer Entertainment Law Uruguay

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Fashion Law Committee works on its “new collection”

President Secretary

Lorena Mersan Cristina Hernández-Marti Pérez Paraguay Spain The Fashion Law Committee is working on several issues: 1. Updating the Fashion Law Guide, including more sections and more jurisdictions. 2. The launch of a Fashion Law course for the next 2023.

3. The creation of a series of podcasts related to fashion law.

In addition, the Committee supported the event “Fashion Law settles in Paraguay” with the participation of Attorney Susy Inés Bello Knoll on July 5, 2022.

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Legislation Committee Updates

President Secretary

Luis Guinard Johana Aguirre

Panama Ecuador

The Legislation Committee sent us a summary of some of the legislative developments that have occurred in some countries of the region: • Belize. There was a change in official fees; and, the government decided to implement the Madrid Protocol, but it has not yet been signed nor has the legislation been modified. • Chile. Several modifications introduced to the Industrial Property Law, both in terms of Patents, Trademarks, Industrial Designs and others, document sent by the Delegates of Chile directly to the Executive Committee. • Haiti. There are no legislative changes to report. However, there are some recent administrative issues worth highlighting: the creation of the first certification mark, HaiRum, for the rum industry, an increase in filing and publication fees, and the incorporation of Haiti to TM Class using the Full HDB. • Nicaragua. The latest changes in the Intellectual Property legislation are due to the reform of the Trademark and Patent Law, which took place in April 2020, and has two main aspects: a) change in official fees b) payment of fees to be made prior to filing, so that the application is accompanied by the bank’s minutes confirming the payment of the services (previously there were two months to pay after filing the application) c) deadlines now counted in business days and not in calendar days A modality that is not regulated by law, but rather is an administrative measure, is that new applications must present the registration data of the owner of a trademark or patent, that is, commercial registration number, date of incorporation and place of incorporation. In this regard, the new applicants are asked to include said information in their power of attorney. • Panama. On June 30, 2022, Law 315 was sanctioned, which prohibits the use, importation and commercialization of electronic nicotine administration systems, electronic cigarettes, vaporizers, tobacco heaters and other similar devices with or without nicotine. • Dominican Republic. They have a bill, currently under review in Congress, so that the author’s right to private copying is “inalienable”, in addition to including other points for its regulation. On the other hand, in March of this year, the Supreme Court of Justice decided definitively on the protection of the title of a work through copyright. It was a conflict between a poem/song and a book.

Advertising and IP in the digital world, exploitation, licensing and control Committee collects information The bets of the Administration of Law Firms Committee

President Secretary

José Juan Méndez Verónica Vanrell Mexico Uruguay

The Committee is preparing a manual with information on advertising standards (regulations on television, radio, labeling, prohibitions), and health regulations (requirements for obtaining a health registration, labeling, fines, distribution) on the alcoholic beverages from the countries that make up the team. The purpose of this work is to create a basic guide so that our ASIPI colleagues can rely on if they need information on the subject.

For this period, the Administration of Law Firm Committee has decided to focus its efforts on four lines of work that seek to meet the main needs of associated law firms in terms of their operation and evolution:

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President Secretary

Juan Guillermo Moure Edna López Colombia El Salvador

• Relevant Decisions in Administration of Law Firms • Marketing and Productivity • Special Projects • Future of Law Firms

In relation to Relevant Decisions in the Administration of Law Firms, they successfully carried out a webinar focused on learning about new trends in remuneration and benefit schemes for associates, which will have a second version soon.

In the Marketing and Productivity line, they will be working on an event to learn about best practices when it comes to dealing with Request for Proposal or Proposal Requests.

As for Special Projects, they have made progress on a draft of an Intelligent Directory of Suppliers for IP Offices and related areas, which they anticipate will be a very useful tool for associates, as well as a promotional window for outstanding suppliers to our industry.

Finally, in the line of the Future of Law Firms, they are working on the creation of a new large survey to obtain detailed and up-to-date information on the reality of Law Firms in relation to various topics of interest such as: marketing perspective, profile of offices, talent retention, among others.

Patent Committee dedicated to surveys and research

Social Action Committee and the campaign “A backpack, an opportunity”

President Secretary

Roberto Ríos Margarita Romero Puerto Rico Ecuador

The Committee wishes to congratulate two of its members: Joseph Morales for his excellent participation in the Round Table on Provisional Patents in Chile sharing his valuable experience in the United States and Roberto Ríos (President of the Committee) for his participation as a tutor in the international patent drafting course held at WIPO headquarters in Geneva in collaboration with the International Federation of Intellectual Property Lawyers (FICPI).

The committee is currently preparing a practical survey on the right to restore priority and grace periods in the countries of the region. It is also collaborating with ASIPI Academia to develop specific claims drafting courses by technological field in the BOOTCAMP format.

In addition, the committee plans to carry out an activity where information of interest on patents and IP in general will be discussed, in an educational and entertainment framework, based on the TV game Family Fued, 100 Mexicans said, etc. in Medellin, Colombia, in the next work sessions.

The Social Action Committee launched in June 2022, at the ASIPI Costa Rica Seminar, the project called “A backpack, an opportunity”. The Committee observed that in the Latin American socio-educational context there is an evident lack of school supplies such as pencils, notebooks and backpacks. These difficulties generate, among others, school desertion. Based on these data, the Committee decided to start the campaign, which was accepted by the Executive Committee of ASIPI. During the Seminar they collected several backpacks, filled them with school supplies and delivered them to the Pueblo Nuevo public school in Costa Rica. The emotion and joy of the children was very gratifying and motivated them to continue with their action in other locations and to continue with this work in future ASIPI word sessions and seminars.

The next stop will be Medellin, and from now we invite you to join the campaign by bringing one or more unused backpacks that are in good condition. These backpacks will be donated to children and youth. Social issues are of great relevance in the global context and it is our duty to contribute to the construction of a fairer society, seeking social, educational, cultural and innovative well-being. Support us!

President Secretary

Andréa Possinhas Margarita Zambrano Brazil Ecuador

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“Fair Wind and Following Seas” for the ASIPI Pro Bono Commission

Mediation, Conciliation and Arbitration Committee “Best results are achieved by working together”

President Secretary

Raquel Toñánez Margarita Zambrano Paraguay Ecuador

Good wind and good sea is a phrase that sailors used to give in other times to wish a good trip to those who started a journey. That is ASIPI’s commitment to this Commission, which was formalized in 2021 and currently has 143 registered Pro Bono associates and 10 requested consultancies, of which 4 have materialized in cases that we have in force.

The Commission is so far advanced that it has already developed a “Procedures Manual” for handling cases and controlling them in a uniform manner. On the ASIPI website you can find the “Pro Bono Regulation” (available in Spanish and Portuguese), a short promotional video and a Pro Bono Services Agreement, which has been drafted in Spanish/English.

The Commission has approached the national authorities of various countries to carry out joint actions to strengthen the program and has already signed Cooperation Agreements. There is still time to sail this ship.

The group thanks the members who are already part of the program and invites the entire ASIPI membership to participate in this beautiful project that benefits humanity.

In Guatemala, the round table entitled “Mediation as a method to resolve disputes in industrial property matters” was held, organized by the Mediation, Conciliation and Arbitration Committee, the Delegates of Guatemala ( Gustavo Noyola-Principal and Cristina Umaña-Alternate) and CRECIG (March 31).

In Costa Rica we attended the round table entitled “Mediation in the Americas: challenges and current issuess” initiative of the Mediation, Conciliation and Arbitration Committee and the Lawyers Association of Costa Rica (June 4). The Delegates from Costa Rica Laura Valverde and Simón Valverde participated in this activity.

We invite you to follow the example of this Committee and work in coordination with the National Delegates.

President Secretary Estuardo Jáuregui Juan Felipe Porta Guatemala Argentina

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