FIRST LATIN AMERICAN INTELLECTUAL
PROPERTY MAGAZINE / Nยบ 40 JANUARY - MARCH 2011
I'm 25... So? Feature article on Generation Y
At the foot of the mountain ASIPI's XV Working Sesssions
INTA Online Interview to Randi Mustello
A royal ending AIPPI Congress in Paris
Contents 20
4
Editorial
6
Events calendar
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Have you heard?
10
Marcasur reports
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Opinion. By Vera Abogados Asociados, Colombia
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WIPO according to Mazal. Interview to Carlos Mazal
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Events. At the foot of the mountain. ASIPI's XV Workshops and Administration Council
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I'm 25. So? Feature article on Generation Y
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Opinion. By Rusconi, Medina & Asociados, El Salvador
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Events. A royal ending. AIPPI's 42nd International Congress
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Opinion. By Becerril, Coca & Becerril, México
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INTA online. Interview to Randi Mustello
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Opinion. By E-Proint, Costa Rica
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The word is yours. Jorge Molet and Carlos Andrés Guevara Correa.
50
Marcasur Travelling. Four reasons to visit Cabo Polonio
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54
Kidding but seriously
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History of a trademark. Häagen-Dazs ice creams
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www.marcasur.com
Editorial As anticipated in the magazine cover, we present in this edition a research article devoted to the new generation of young professionals who are new to work and new technologies of communication and information. In the central article we deal with young people starting up professionally, known by sociologists as Generation Y. We wanted to know, first, what are their objectives, their strengths, their problems and, secondly, what are their differences with the older generations. Also, anything that might be helpful to know in order to achieve a better relationship among all generations in law firms. Two events have been the major ones of the IP community in 2010: AIPPI in France and ASIPI in Chile. The first was held in Paris from 3 to 6 October. It was a four-day meeting to celebrate the 42nd AIPPI Congress. The organization has won professional reputation, not only for being the oldest, with 113 years of history, but also because its events are organized to the last detail and are unique opportunities in the academic and social area. A major international event. From November 27 to December 1, it took place in Santiago de Chile the edition number 15 of the Work Sessions and Administrative Council of ASIPI. It was attended by two representatives of Marcasur and witnessed the cordial manner in which attendees were treated by the hosts. An excellent impression. This event of the Association is undoubtedly an important event for Latin American professionals. Personal relations prevail from professional ones there – perhaps it being the real charm—, where it is often more important to make a friend than a client. Adding to the pictures, we present the highlights of the program. Also, you can find in this edition two very interesting interviews: to Uruguayan Carlos Mazal, director of WIPO's Regional Bureau for Latin America and the Caribbean and American Randi Mustello, director of INTA Publications. Two representatives of two leading institutions in global IP. As always, we bring as well the humor column, brief news and more. However, this year Marcasur turns fifteen years and we need more professionals like you, to support this project. So, for those who have not yet subscribed, do not forget to subscribe. It is the only way to help us get to you and to review the issues we care about and to which we are all participants. M
staff Editor: Juan Pittaluga jpittaluga@marcasur.com
Executive Director: Victoria Pereira vpereira@marcasur.com
Marketing Department: Mei-Lin Che mche@marcasur.com
Commercial Department: Ana Abella a.abella@marcasur.com
Press: Karina González kgonzalez@marcasur.com
Francisco Pittaluga francisco@marcasur.com
Communications: Natalia Domingo ndomingo@marcasur.com
Subscriptions: Anaclara Cabrera acabrera@marcasur.com
Marcasur Travelling: Teresa Pereira tere@marcasur.com
Legal Advice: Ana Nocetti anocetti@marcasur.com
Graphic Design: LP / arte visual Marcasur.com: ZonaUruguay Proofreading: Alejandro Coto Printer: Gráfica Mosca
MARCASUR Zonamérica Ruta 8 km. 17.500 Edificio Biotec Plaza L 146 CP 91600 Montevideo, Uruguay Tel: (5982) 518 2583 Fax: (5982) 518 2239 info@marcasur.com Year 15 nº 40 January-March 2011
Quarterly publication edited by Editorial Marca Sur S.A.
Marcasur Mail Write us at: info@marcasur.com 4
ISSN 1688-2121 D.L. 354.155 Comisión del Papel.
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When
Where
What
EVENTS CALENDAR March
19 to 21
INTA/ASIPI Conference 2011
San Juan, Puerto Rico www.asipi.org www.inta.org
May
5 to 6
Second Conference of the Americas, of the International Bar Association (IBA)
Miami, EUA www.ibanet.org
14 to 18
133rd Annual Meeting of the International Trademark Association (INTA)
San Francisco, California, EUA www.inta.org
5 to 8
Annual Conferenc of the Licensing Executives Society International (LES)
London, UK www.lesi.org
30.ª Annual Conference of the European Communities Trade Mark Association (ECTA).
Stockholm, Sweden www.ecta.org
21 to 23
XXXI International Seminar and Congress of Intelectual Property organized by the Asociación Brasilera de la Propiedad Intelectual (ABPI)
Rio de Janeiro, Brazil www.abpi.org.br
25 to 26
XXV Sessions of the Asociación Argentina de Agentes de la Propiedad Industrial (AAAPI)
Buenos Aires, Argentina www.aaapi.org.ar
11 to 13
Annual Meeting of the Intellectual Property Owners Association (IPO)
Los Angeles, EUA www.ipo.org
25.ª Annual Conference of the Association of European Trade Mark Owners (MARQUES)
Baveno, Lago Maggiorie, Italia www.marques.org
16 to 19
XVI Work Sessions and Administrative Counsel of ASIPI
Santa Cruz de la Sierra, Bolivia www.asipi.org
13 to 19
Forum & Executive Committee Meeting of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI)
Hyderabad, India www.aippi.org
20 to 22
Annual Conference of the American Intellectual Property Law Association (AIPLA)
Hotel TBD Washington, DC, EUA www.aipla.org
June
8 to 11
August
September
13 to 16
October
6
www.marcasur.com
When
November
Where
What
30 to 4
Annual Conference of the International Bar Association (IBA)
Dubai, EAU www.ibanet.org
8 to 12
INTA-Leadership Meeting
Miami Beach, Florida, EUA www.inta.org
9 to 12
13th Open Forum of the Fédération Internationale des Conseils en Propriété Industrielle (FICPI)
Roma, Italia www.ficpi.org
12 to 15
59th Council Meeting of the Asian Patent Attorneys Association (APAA)
Makati, Filipinas www.apaa2011.org
EVENTS CALENDAR For more info, visit our website: www.marcasur.com/eventos
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HAVE YOU HEARD?
They come go
&
In Paraguay, Casseli Law Firm welcomed attorney Sabryna Breuer as director of the Department of Counterfeiting and Piracy. Her contact email is sbreuer@casselilawfirm.com and you may see her full CV at www.casselilawfirm.com.
In El Salvador, law firm Rusconi, Valdez, Medina & Asociados Central Law El Salvador has changed its name to Rusconi, Medina & Asociados - Central Law El Salvador. Lawyer Benjamin Valdez, for personal reasons, is no longer part of the firm.
In Venezuela, lawyer Eucaris Alcala has joined the Litigation Department at Carrascosa Tecnología Marcaria. The professional has a Degree in Civil Procedural Law. Her e-mail is legal@carrascosa.com
In Brazil, last December 1st, Bruno Martinez was named partner at Martinez & Associados. Bruno is a lawyer, graduated in law at the University Paulista, and intellectual property agent with extensive experience in intellectual property litigation
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Following the addition of Bruno as a partner, the firm name changed to Martinez & Associados, with new offices in: Rua Constantino de Souza No. 1416 04605-003 - Sao Paulo - SP Tel: (55.11) 55319109 Fax: (55.11) 55358963 email: mail@mklaw.com.br
New authorities In Panama, the Panamanian Association of Intellectual Property Law (APADEPI) elected new board for 2010-2012, which has been composed as follows: President: Luis Guinard (Vallarino, Vallarino & García Maritano) Vice President: Audrey Williams (Benedetti & Benedetti) Secretary: Carmen Cristina de Molino (Jimenez, Molino & Moreno) Assistant Secretary: Marissa Lasso de la Vega (Alfaro, Ferrer & Ramírez)
Treasurer: Ileana Martinelli (Arias, Fabrega & Fabrega) Assistant Treasurer: Gabriela Tejada (Icaza, Gonzalez-Ruiz & Aleman) Members: Enrique Jiménez (Morgan & Morgan), Julie Martinelli (Law Services PC) and Orlando Lopez (Durling & Durling) Deputy Director: Jose M. Navarrete (Arosemena, Noriega & Contreras) Deputy Director: Anabel Gamallo (Tapia, Linares & Alfaro) In Mexico, the Mexican Association for the Protection of Intellectual Property, A.C. (AMPPI) elected new board, as follows: President: Mr. Eduardo Kleinberg Druker International Vice President: Mr. Javier Uhthoff Orive National Vice President: Mr. José Alejandro Luna Fandiño Treasurer: Mr. Fernando Becerril Orta Secretary: Mr. Bernardo Herrerías Franco Committees Coordinator: Ms. Gloria G. Isla del Campo Working Committee Coordinator: Mr. Roberto Arochi Escalante
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In El Salvador, at the Salvadoran Association of Intellectual Property, was elected ASIPI's new board for 2011, which was constituted as follows:
News
President: Morena Guadalupe Zavaleta Nova Vice President: Luis Ernesto Guandique Chavez Secretary: Silvia Nasser Treasurer: Edy Guadalupe Portal de Velasco The members are, in order, Julio Cesar Vargas Solano, José Guillermo Compte, Marisabella Novoa de Guandique and Evelyn Marlene Bonilla
In France, last October, at the 42nd Congress of the International Association for the Protection of Intellectual Property, was held the general meeting in which the Mexican group, Mexican Association for the Protection of Intellectual Property, chaired by Miguel Angel Margáin, obtained for Mexico the hosting of 2018's conference. The next congresses will be held in Seoul (2012), Toronto (2014), Milan (2016) and Cancun, Mexico (2018).
In Venezuela, Marquez-HenriquezOrtin-Valedon has new address and phone: Avenida Francisco de Miranda, Edif Cavendes Piso 1, Ofic 101, Los Palos Grandes, Apartado 1060 Caracas, Venezuela Phone: 58 212 286 4024 / 286 4912 Fax: 58 212 285 5817
www.marcasur.com
New data In Uruguay, Fischer Abogados have new contact information: San José 807, suite 403, 11100 Montevideo, Uruguay Email: fischer@fischer.com.uy Telephone: 598 2908 7167 In Ecuador, Paz Horowitz Abogados has new contact details: Edificio Site Center, Tower 1, office 301, Calle del Establo, Cumbayá Quito, Ecuador Phone: (593 2) 398 2900 Fax: (593 2) 398 2999 The website and e-mail addresses remain the same. In Chile, firm Puga Ortiz Abogados has new offices. The new data are the following: Address: Av Presidente Riesco 5561, piso 8, Las Condes, Santiago. Tel: 562 33 77 000 Fax: 56 2 33 77 001 or 33 77 002 The central e-mail is abogados@pugaortiz.cl
Awards & distinctions In Costa Rica, Consortium Laclé & Gutiérrez has been named as the 'Best company of Costa Rica 2010' in the category of "Services" by the Chamber of Commerce of Costa Rica. It was during the Awards Night event, held last November, organized by the Chamber and in which prizes are awarded every year to the best companies in the country. In Ecuador, Rodrigo BermeoAndrade, of firm Bermeo & Bermeo, just passed his exam for the Bar in New York and will soon be admitted to practice in that State.
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Reports PARAGUAY: Gladys Bareiro de Modica, new Minister of the Supreme Court
In recognition of her vast experience in intellectual property rights, Ms Gladys Bareiro de Modica was appointed Minister of the Supreme Court of Justice of Paraguay. The appointment was made by the Senate and then ratified by the President. After taking the oath before both legislative chambers in Congress, she assumed her new duties on Dec. 16. The new minister has over thirty years of private practice of law, of which the last twenty has focused on the protection of intellectual rights. Before that she had engaged in general civil and commercial matters. She is the author of Contrato de franchising, which won an international award. She participated in the reform of Paraguayan law of trademarks and patents as an expert hired by the United Nations. She is arbiter of the Republic of Paraguay before Mercosur's ad hoc Tribunal and arbiter appointed by ASIPI before Bogota Chamber of Commerce. She served briefly as deputy minister of Trade, a position she resigned. At union level, she was president of the Paraguayan Association of Intellectual Property Agents (APAPI) and Vice President of the Bar Association of Paraguay.
Member of international organizations of intellectual property rights, both in America and Europe, she has been participating annually at conferences, in several of which she has been a panelist and lecturer. In another aspect of her activities, she teaches post graduate courses for future doctors of law at the Catholic University of Asunci贸n. She has also given specialized training to judges and prosecutors in the Judicial School. Founder, two decades ago, of law firm Bareiro-Modica & Asociados, specializing in intellectual property rights, upon assuming the top job in the organization of the Paraguayan justice, Dr. Modica has left the firm, one of the most prestigious in the specialty in Paraguay. The law firm will continue under the direction of her husband, Dr. Carmelo Modica, with the presence of the couple's children, Denise, Enzo and Fabrizio, all of them lawyers, and with the collaboration of associates.
www.bareiromodica.com.py 10
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Reports MEXICO: Olivares & Cia organizes seminar
Exponets, Carla Raygoza, Thomas Garvin and Gustavo Alcocer
On 18th November, the Mexican firm Olivares & Cia held in its offices in Mexico City a seminar entitled Legal Aspects of Audiovisual Productions, an event organized by the specialized group of entertainment, media and sports of this prestigious firm of lawyers and engineers. The academic event was designed in response the need for specialized
information in the area of entertainment, upon the evolution that production, distribution and financing of audiovisual outputs have experienced in Mexico and throughout the world. The session was given by important figures such as Jeff Sanders, partner at Roberts Ritholz Levy Sanders Chidekel & Fields LLP, Natalie V. Rodriguez, associate general counsel for Warner Bros., Carla Raygoza, of the Mexican Film Institute, Thomas Garvin, CEO of Thomas FR Garvin, A Professional Law Corporation, Luis Schmidt and Gustavo Alcocer, partners at Olivares & Cia and leaders of the group specialized in entertainment, media and sports. The event was attended by a select group of local and foreign professionals of film and television as well as lawyers specialized in this area and others interested in the entertainment industry.
www.olivares.com.mx
BOLIVIA: 70 years of Bufete Aguirre Soc Civ exhibition as a tribute to Ms. Yolanda Aguirre, with the presentation of an anthology by the artist. The Intellectual Property group of the firm, led by partner Dr. Perla Koziner (former CEO of SENAPI, secretary o f t h e Wo m e n ' s Committee of ASIPI and member of INTA, ASIPI and ABPI (Bolivian Perla Koziner, Fernando Aguirre, Carolina Aguirre, Ignacio Aguirre and Milenka Saavedra Association of Intellectual Property)), celebrated eleven years of service in 2010 and has positioned the company The year 2010 marked the seventieth among the five leaders of Bolivia in the anniversary of the firm Aguirre Soc Civ, area. During this time, the working the full-service law firm based in La Paz, group has achieved sustained growth Bolivia, founded in 1940 by Dr. Carlos both domestically and abroad and has Aguirre R. (OBE). As part of the achieved great success. In the future it celebrations it hosted a reception at its expects to continue serving all new facilities and sponsored an customers with the same efficiency and www.marcasur.com
dedication shown so far. The portfolio of regular customers of the firm includes national and international companies, in the areas of intellectual property, mining, oil, energy, industry and commerce, banking and finance, services, investment, transport and communications, among others. The firm also provides services to local and foreign NGOs and provides pro bono services. In recent years the firm has expanded to the area of litigation and has partnered with a specialist to strengthen the tax group, headed by partner Milenka Saavedra M. The arbitration panel is led by Fernando Aguirre B. with Carolina Aguirre U., also in charge of the work group. Partner Ignacio Aguirre B. has been Professor of Environmental Law, one of his specialties, in the Bolivian Catholic University.
www.bufeteaguirre-lawfirm.com JANUARY / MARCH 2 0 1 1
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opinion
Disease control
and market globalization Diana Milena Valenzuela Pach贸n Vera Abogados Asociados S.A. Colombia
It is important for consumer products that there is an official regulation of safety and legality, to protect consumers, as well as producers and traders, large and small, worldwide. However, the globalization of markets poses a serious problem, as health regulations vary from country to country. This forces us to adapt products and packaging, and limits the potential of small and medium entrepreneurs to venture into new projects, because rising costs make them less competitive. The diversity of regulations across countries reflects the benefits for some and disadvantages for others, as the procedures become more complicated and time consuming. To illustrate this scenario, we see that the United States, Puerto Rico, Canada, Mexico, among other countries, do not require a sanitary registration process to market a particular product, without entailing a lack of control or responsibility by each of these countries. In Colombia, Ecuador, Trinidad and Tobago, Costa Rica, El Salvador, Panama, Guatemala, among others, it is mandatory a health registration process. In the latter countries, the above process can take between one and twelve months, obviously taking into account various factors, including the regulations of each country. Thus, many small businesses miss opportunities for growth, contributing to a stagnation of the economy of our countries. www.marcasur.com
In some cases there are agreements and treaties such as the decision 516 of the Cartage Agreement, whose primary mission is to harmonize the legislation on procedures of cosmetics among member countries of the Andean Community - Ecuador, Peru, Colombia, Bolivia - or COMIECO resolution 802001, which approved the recognition of health records of food and beverages obtained in Guatemala, El Salvador, Honduras or Nicaragua. These experiences allow us to reaffirm the need not only an agreement between some countries, but a multinational convention or treaty to facilitate health procedures. It should be noted that this is not to judge, but to achieve effective implementation of the function of each of the institutions responsible for the consumer's protection and health. It is therefore important to understand that globalization is a reality and that even when efforts are made to eliminate illicit production and contraband trafficking, it could also be implemented the harmonization of global laws, in order to facilitate the procedures, reduce the time of concessions and costs to merchants, among other benefits. This would expand the marketing of products on the international level, benefiting manufacturers and traders.
Diana Milena Valenzuela Pach贸n is in senior year of Law at the University of Gran Colombia (Bogot谩, Colombia), with 10 years experience in the area of Health Records in Colombia and abroad. She has worked for Vera Abogados Asociados as director of the Department of Health Records currently being Legal Coordinator of General and Health Processes in the areas of Reconciliations, Copyrights and Health Records. JANUARY / MARCH 2 0 1 1
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Interview to Carlos Mazal
THE DIRECTOR OF WIPO'S REGIONAL OFFICE FOR LATIN AMERICA AND THE CARIBBEAN, FOLLOWING A VISIT TO SOUTH AMERICA, HE PASSED BY MONTEVIDEO AND SPOKE WITH MARCASUR. HE REFLECTED ON HOW IT IS TRANSLATED THE SO-CALLED R & D IN THE AGENDA OF LATIN AMERICAN COUNTRIES AND HE REVEALED THAT COOPERATION IS BEING IMPLEMENTED IN THE REGION.
WIPO ACCORDING TO MAZAL He was born in Uruguay, was naturalized in Venezuela and now lives in Geneva with his wife and children. As he told Marcasur, this city is very good from the point of view of life quality, but emotionally it is extremely difficult. "I know a few Swiss, for example, and I've lived there for eight years, we live in the world of United Nations", he said. And while he has been away from his homeland for forty years, he assures he keeps a kind of militancy in Uruguay. "He who leaves always thinks of returning and what he can contribute", he said, but that will be when he retires from his career at the United Nations. Since 2002 he works at WIPO and has served in various capacities. Political scientist by profession, now director, he handles the issues of cooperation throughout the region. He assures that while the Organization is part of the 16
United Nations system, it has the autonomy to execute cooperation, as it is self-financed. On this trip in particular, what issues you wanted to share with fellow Latin Americans? WIPO came mostly to cooperate with the countries of the region and met mainly with IP offices in Argentina, Brazil and Uruguay. The offices make a two-year plan with activities they need and we will fully fund those plans. My office manages and runs about five million dollars of our funds and extra budgetary funds, such as funds that come from Brazil and Spain. I.e. we fund all the activities we were asked by Argentina, Brazil and Uruguay. www.marcasur.com
Political expert Carlos Mazal, Director of WIPO’s Regional Office for Latin America and the Caribbean during the interview with Marcasur at the lobby of Sheraton Montevideo Hotel in Uruguay. www.marcasur.com
JANUARY /MARCH 2 0 1 1
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ÂŤIP IS THE TOOL FOR MARKETING INNOVATION TO ANY COUNTRY MAKING INNOVATION OR HAVING THE INTENTION TO DO SO Âť
do. So we are all very pleased. You spoke of extra budgetary funds that come from Brazil; how are they distributed? Brazil gives WIPO a million dollars, largely to fund the training and participation. And Chile is another example? Yes, Chile is another example of how things work well. One year and a half ago they created an institute with first class and well-paid human resources, because otherwise the rotation would be very high. Training a patent examiner takes a lot of time and if he leaves, it is a loss. Then, well paid, things go well. In April we had a meeting of all Latin America in Santiago de Chile, with all managers in the region. The President of Chile opened it. That is a message that says 'innovation and technology: added value'. Chileans have also a very clear vision.
What are the particularities of these funds for cooperation? It is a non-reimbursable and agile cooperation. With this we began to work and do not have to wait, as does the IDB, 14 months for example, for the first disbursement. The IDB gives $100 million to Argentina, then 200, if they meet certain stages and conditions, while conditions placed by the WIPO is that you have a certain quality and that the state requires it, in the sense that applications must be well founded. And what kind of applications have been submitted? From patent writing courses, licensing courses, how a license is bought and sold, courses on geographical indications, which is an issue that is gaining more interest, and of management to compare IP strategies among countries in Latin America. What we are doing for example in Uruguay, is to supplement a possible strategy for innovation in IP. I do not think we can have an innovation strategy without the element of IP, otherwise innovation remains in suspense. In the stage of development we must go beyond the 'I' of innovation, we must reach the market and IP is a tool to do so. It is a tool, not a hammer. We must educate the
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specialist because you need to know to handle it with care, is like a scalpel. We have to give value through innovation. Within Latin America, can you say that Brazil is an example in IP matters? Yes. Brazil began to invest 1% of its GDP in innovation sixty years ago, before the dictatorship of 1964. Today it allocates 1.4% of GDP, but also -and this is critical- the university and the private sector work together. The private sector gives the university funds to do research, so everyone wins. And at the same time, the state is a great incentive. Brazil's diplomacy is one of the best in the world. One sees that they are betting on innovation, technology or products with higher technological content. They have a clear vision of what kind of country they want to be in twenty years. We accept the leadership but we say that this has a price and a responsibility. For example, we will have a meeting in Brasilia that costs two hundred thousand dollars, the organization and the experts are paid in Brazil by the office of WIPO. And other countries are also invited, Uruguay, Argentina and Chile. Then we ask the Brazilian authorities to invite the rest of Latin American countries to benefit from these activities. And they
And in your opinion, what other countries have clear vision? Colombia. It is a surprisingly coherent country. If one looks at the parallel tragedies, you become paralyzed, and yet it has a sense of country like Brazil and Chile. A sense that says 'here we won't kill each other'. As Lula said, "we are capitalists first and then we share out', but you cannot start by sharing. It also has young people and first class business class. And the rest of Latin America, what things must they change to create positive scenarios for IP? IP is a fundamental tool. The tool of any country that makes innovation or is planning to, to bring it to market, is the IP. Not only because it protects, which is legitimate, if you do not protect there is no incentive to creative people and the investor, but because it generates wealth. We are the tool that protects and generates income, which is what we want. And we must not be afraid of the word 'wealth', in the broadest sense. There is generated technological change, technology transfer and income, then the state will see how it will be distributed more equitably. The state plays its role through tax policies, this is how the world works. The theme of innovation is not party politics, it transcends parties and is long term. Because only in the long term you will see the results. The theme www.marcasur.com
ÂŤINNOVATION IS ABOUT CREATING INCENTIVES AND A BIGGER INVESTMENT OF THE GROSS DOMESTIC PRODUCT IN INVESTIGATION AND DEVELOPMENT OF SCIENCE AND TECHNOLOGYÂť
of innovation is to create incentives and increased investment in gross domestic product on research and development of science and technology.
But we can not keep the magic word innovation, which works everything out just by mentioning it. Now I see everyone talking about innovation.
And how do you incorporate innovation and IP? Through a process of minor improvements.
It sounds nice... It sounds nice but also I see no enemies, because there is innovation throughout the world. The issue is how to land it on the market to generate protection and wealth, which is what those people who risk deserve.
What do you mean by minor improvements? Well, asking ourselves what we do best and be the best in the world. This is achieved not just adding technology. It goes far beyond, it is business administrative, marketing innovation, and it is to have a prepared but also aggressive business class to seek markets. In countries where there are innovation and entrepreneurship, people often falls and rises again. The mentality is: "Well, we failed, and tomorrow we start with something new". Involves a change of mentality and the state has a major role in terms of incentives.
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the Chinese. They will patent it and will sell it. Then, we are not discussing whether it is a government of right or left wing, it goes further. WIPO does not sell anything to anyone, so if you are interested, we are at your service. M
What is then the challenge for developing countries? Countries need to be a laboratory of ideas that aim to innovate, and for that IP is an essential and inevitable element. It's like globalization: you can criticize it, you can say that you do not like, but it is inevitable. And if someone talks about IP ideologically I can mention the case of China. That paradigm of North-South no longer exists in IP matters. Those who invest more in renewable energy are
JANUARY / MARCH 2 0 1 1
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ASIPI’S XV WORK SESSIONS AND ADMINISTRATIVE COUSEL
AT THE FOOT OF THE
MOUNTAIN IN SANTIAGO DE CHILE, BETWEEN NOVEMBER 28 AND DECEMBER 1, WERE HELD THE XV WORK SESSIONS AND ADMINISTRATIVE COUSEL ORGANIZED BY THE AMERICAN ASSOCIATION OF INTELLECTUAL PROPERTY.
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Ready for a country day, Luis Ibaceta Navarro (Privilegium, España), Gisela Mendoza (Calderon & de la Sierra, México), Ovidio Parra (Lexincorp, Guatemala), José Andrés Fuxet (Lexincorp, Guatemala), Minerva Lozano (C&L Attorneys, México) y Wendy Trujillo (Bufete Soní, México)
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By Juan A. Pittaluga This event was attended by some 500 professionals, most of them from Latin America, although there were also attendees from the United States, Europe and Asia, who enjoyed perfect weather, the sun accompanying throughout the event and the imposing mountain range as a backdrop. What more could you ask for! As in any event that takes place in Latin America, we highlight the hospitality of the organizing group, colleagues from Chile, who regaled the audience at all times with cocktail parties, lunches, dinners and parties that made enjoyable our stay in this country. The academic part was interesting. We highlight the great interest that we observed in the work of the committees. They had significant assistance and their
work lasted several hours. This speaks of an increasingly active interest in participating in such work activities rather than listening to lectures. ASIPI authorities should keep this in mind for the future. The social part had as a highlight the country day, a day which is customary to ASIPI to spend on social activities, recreation and sports. In this case, the venue was the Hacienda Santa Martina, Nature Club & Golf, an estate of 900 hectares with a unique geographical beauty. There, the participants could practice their favorite sports: football, golf, tennis or simply lie in the sun. I do not know if this happens to other attendees as well as to me: I always leave with nostalgia of ASIPI events, and I make more friends.
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Always there: Tito Mejía (Bufete Mejía, Honduras) next to Pilar Soruco and her son Enrique Mac Lean Soruco (Orpan, Bolivia)
Smiling, María Ana Montiel (Araque, Reyna, Sosa,Viso & Pittier Abogados, Venezuela), Melania Campos (Zurcher IP, Costa Rica) and Maricruz Villanea (Ideas Trademarks and Patents, Costa Rica)
LAW FIRMS ADVERTISING
Among friends, Alessandro Ruo (Interpatent, Spain), Dayra Patricia González (Pedreschi & Pedreschi, Panama), Gabriel López (López Jaen Asesores, Venezuela), Samuel Pamias (Hoglund Pamias, Puerto Rico), Gabriela Fernández Manzo (Fernández Manzo Asociados, Mexico)
In the sun, Clemencia Delgado (Mario Delgado Echeverry e hijos Ltda, Colombia) and Vanesa Suero (Ferrer, Reyes, Tellechea & Bouche, Argentina) 22
It was conducted a session called "Advertising of legal services and codes of professional ethics", where two colleagues spoke, Carol Hitchman, of Canada, and Gustavo Fischer, of Uruguay. They did a study of comparative law and spoke about whether advertising is allowed or not in different countries of world. According to the information provided, almost no countries remain with prohibition of advertising. Chile, one of the countries with somewhat restrictive regulations, will amend them in 2011. It also was concluded, through not only the speakers but the attendees who participated, that the facts mentioned in advertisements must be true, competition cannot be denigrated and must obey the good customs of each country. On this last point there are certainly differences in customs, for example, between the United States and many countries in Latin America. Marcasur intervened to report that in the eight years it has been doing advertising, the magazine has never had a case of complaints or legal actions by third parties, which leads to the conclusion that firms are very careful in the texts they advertise and they abide by the rules above mentioned. U l t i m a t e l y, w e c o n c l u d e t h a t advertisement, which was a taboo subject until the last decade, is now supported by all the laws.
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Latin Americans working in USA , Justin Young (Dineff Trademark Law Limited, USA) and Sebastián Lovero Riso (Ladas & Parry, USA)
Enjoying the beautiful country day, Laura Collada (Dumont, Bergman, Bider & Co, Mexico) and Fernando Triana (Triana, Uribe & Michelsen, Colombia)
WOMEN'S COMMITTEE
Perla Koziner (Bufete Aguirre, Bolivia), Beatriz Ayala (Ayala & López Abogados, Venezuela), Paula Clancy (Paula Clancy Professional Corporation, Canada), Loreto Bresky (Alessandri &Compañía Ltda., Chile), Joana de Mattos Siqueira (Montaury Pimenta, Machado & Vieira de Mello, Brazil), Michele Katz (Welsh & Katz, USA) and Flor Bermúdez (Arochi, Marroquin Lindner, Mexico)
The first Women's Committee, chaired by Paula Clancy, had the nice idea of cooperating with a cause in each country in which ASIPI organized an event. It was so that this year in Chile were donated children's books for Fundación de la Fuente, institution in charge of bringing books to poor children living in rural areas. The books were donated to ASIPI by its members and reached nearly 800, in addition to cash contributions. Next year, in Bolivia, they aim to make a donation of toys. We applaud the initiative of this Committee, which proves that you can meet other objectives in addition to professional ones.
20Avenida“A”1y2Calle,S.O. BarrioRi o dePiedras,POPox1744 SanPedroSula,Honduras,C.A. Tel.(504)550-7744/550-2624/552-8615 Fax:(504)550-0795/552-8570 e-mail:rmejia@bufetemejia.com www.bufetemejia.com
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Carlos Terra (E.C.V. & Asociados, Venezuela), Ruth and JosĂŠ Carlos Tinoco (Tinoco Soares & Filho S.C. Ltda, Brazil), Roxana Salinas de Gami and Mario Salinas (Estudio Mario Salinas Zalles, Bolivia) GEOGRAPHICAL INDICATIONS COMMITTEE
This committee, chaired by Jorge Chavarro, is very active and innovative in its meetings. In Santiago de Chile it hosted a luncheon where different wines were tasted and served for socializing among members. In the afternoon, presentations were made. We heard proposals about what to do for the Congress in Montevideo in 2012, but the next step will be to publish a book on the subject. Members of the Geographical Indications Committee
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Y I’M 25. SO?
THEY WERE BORN BETWEEN THE 80'S AND THE 00'S. THEY ARE YOUNG, POSITIVE AND HAVE A GREAT ABILITY TO WORK IN VIRTUAL AND MULTICULTURAL CONTEXTS. CONNECTED AND SEDUCED LIKEWISE BY ALL THINGS NEW, GENERATION Y IS THE NEW CHALLENGE FOR MANAGERS AT LAW FIRMS. IN EXCLUSIVE, FROM A TO Z.
By Karina González. Journalist. E-mail: kgonzalez@marcasur.com 34
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The point of departure. There is no doubt that among the many challenges facing today's human resources departments of law firms, is recruiting those who will be the future managers. Especially when it comes to generation Y. In that view, Marcasur offers a recent research conducted by Florencia Mañé and Gabriela Peirano from the University of Montevideo, which gives some clues to understand what are the attitudes, values and styles of the so-called Generation Y. Four generations. The research is based on the ideas of Neil Howe and William Strauss on the cyclical theory of U.S. history, based on generational archetypes that recur. According to these authors, history shapes generations, and these, in turn, shape history. "To anticipate how will be a person forty years old in twenty years, we should not look at the person who is now forty years old, but the person who is now twenty years old”, they say. Generations are formed under certain events or circumstances of life, which each member of society experiences in a
certain place. Thus, we carry the memory of the impacts or emotions that caused certain events throughout our life. And there are, of course, events common to specific social groups living in the same age and society: the so-called generation. Each generation follows historical patterns that are observable, elements that become fundamental in predicting future trends. The generations are distinguished by different attitudes, values, style by which they face their life adventure, so that each has its own identity. And as they have their distinctive profile, there are at least four generations coexisting in law firms. These are as follows: traditionalists, baby boomers, Generation X and Generation Y.
>> BABY BOOMERS (1945-1964): I AM OPTIMISTIC AND COMPETITIVE The term refers to the baby boom between 1946 and 1964. They were born in that period after the Second World War and the early sixties. It is also called the sandwich generation because they had to care, at the same time, for their parents, who made war, and their children. Among the most important events of the period are the assassination of John F. Kennedy, the man on the moon, the Vietnam war and art and music festival at Woodstock. This generation is marked by an incipient consumption of products that began to give clues to the consumer society that would come later. Big brands appear and, in the center, queen TV, a device that would transform the lives of people. In the workplace area they seek to compete, generate changes, lead, and making money is to succeed. They are workaholics, life is work and work is life. They never retire and think about a second career.
>> TRADITIONALISTS (1900-1945):I AM LOYAL Traditionalists spanned two generations with similar characteristics and with predictable results: fifty years of peace. They lived with an important international projection, as they witnessed the Great War and World War II, the Great Depression and the atomic bombings of Hiroshima and Nagasaki. Their living conditions were to live with little, save and act with patriotism. In the workplace they are conformists, work hard and have respect to authority. They value honor and patience. They anxiously wait for retirement. Generational conflict begins when baby boomers come into action.
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>> GENERATION X (1964-1980): I'M SKEPTICAL
To understand you better, Y. Digital media are for the young part of their daily life and a kind of key to enter their world view.
Technology holds for them: > Fun:
digital media is an object to play with.
> The creation of a digital home:
digital media is a means of communicationwithin the family and others around the world.
> Cool book shops: they get instant information from around the world, and most importantly, they allow interactivity. It is the My way generation, they control their life and make decisions that lead them to their life project. Without heroes as references, they are the misunderstood and also known as the generation of apathy. They have no trust in people or institutions. They were marked by the Cold War and the fall of the Berlin Wall. Their objects: television 24 hours a day, cable, videogames and on the throne, the c o m p u t e r. C o m p a r e d t o o t h e r generations, the divorce rate tripled. Vi o l e n c e , A I D S , c o c a i n e , a n d environmental destruction make appearance. They live with informal codes in language and dress. They are creative and love freedom. They have access to good education, they finish their careers and focus on employability. They access to technology, which led them to develop skills of survivors. They value being good parents and friends. In the workplace they are self command, independent, autonomous and work in what they want. They like to make money and to get along in any context.
>> GENERATION Y (1980-2000) I’M PRAGMATIC It differs from the above by having a defiant and challenging attitude. They do not ask permission, in any case, they give their opinion when they see fit. Their power stems from continuous access to information and knowledge. Their objects are the new technologies of information and communication: Internet, iPhone, Nintendo, Wi Fi, cable TV and the globalized world. "Today, a child of 15 knows many more things than a Baby Boomer at 30. Gen Y is in position to challenge, not by indiscipline, but 28
> The extension of the self: in the social sphere, connecting with other people parts of the world; in the intellectual sphere, allowing unlimited access to knowledge and ideas; and in the emotional sphere, chat, e-mail or games are a virtual identity to suit the desires and imagination of the youth.
> A power tool: new technologies are altering the traditional places of learning. Young people know much more about technology than adults. Source: Florencia MaùÊ y Gabriela Peirano, "Generation Y: A generation of talent or an individualist generation", paper presented at the Sociology course by Prof. Fernando Salas Rosso, Universidad de Montevideo, Montevideo, 2010.
Four reasons to be connected
because they grew up with a knowledge that gives power", says Dr. Julio A. Fonseca, from University of the Sacred Heart. They are socially and intellectually sophisticated. Socially because they have greater acceptance of difference, that is social media completely different from theirs. Intellectually, because through the network they increase their exposure to the world. They value freedom and autonomy. In the workplace, they like fun environments, the possibilities of working with peers and trusted leaders. To them work is not everything, they have clear goals and objectives, such as travelling. And not necessarily with agendas.
1. Transforming home into a electronic home (PC, Internet, electronic games,cell phones, etc..). One indicator of this is that digital media has increased significantly its penetration in households. 2. Children and youth of this generation grow up in an area that provides a new field to develop the business as usual, sports and games. 3. Raises the information society. Knowledge of information becomes the center of the new economy taking the place of capital and labor. One indicator of this is the incredibly high assessment companies engaged in technology are having on world stock shares. 4. Family crisis. Young people grow up in single parent homes or where both parents work all day. It is increasingly common to have a single brother or sister or to be only children. www.marcasur.com
I’M 25. SO? 10 KEYS TO BE A GOOD BOSS
6. 7.
Give them all the technology. Going online is their essence. Give them responsibilities. They are motivated by new commitments. Give continuous feedback. This generation wants the leaders' attention. Informal dress code. They tend to be informal. Do not get mad if they do not wear a tie or a skirt, but do not allow them to come in shorts or miniskirts. Make them work together. They are encouraged by spaces of participation. Value their work. They feel comfortable when they add value. Encourage fun. Their personal lives come in daily
8.
Do not provide enclosed offices. They like open offices and light.
9.
Do not limit access to Internet. Eventually they will learn to use it without abusing. Acknowledge them publicly. They like to be heard in their ideas and opinions.
1. 2. 3. 4.
5.
10.
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I’M 25. SO?
The work tsunami
THE CHANGE OF VALUES
Psychologist Paula Molinari, director of WHALECOM in Argentina, specialized in the development of individuals and organizations and in the talent and change management processes, said that in order to stop saying "the Y's are such lunatics, the things they say!", one must take into account trends that are much more global and contradictory in some points with the characteristics of the generations. According to a recent survey by Deloitte, Research into workforce trends related to the Mass Career Customization Initiative, there are six trends that are converging in the workplace and are wreaking havoc on traditional patterns. They are:
On the other hand, Uruguayan psychologist Luis Perez, who works independently for international and regional companies as profiler, coordinator of work in teams and union negotiations, told Marcasur that the human being is an interpreted being, and when a generation judges another, we are wrong. "You get literally in the place of another but respond according to your own criteria as generation". And if you look carefully between generations valuations, generally they are critical. He highlights that one of those criticisms that are put upon generation Y is the lack of commitment. "They are so enthusiastic that they do not measure neither what they give nor the effort, and give and give so much, but not extensively but intensively", he clarified. He highlights the generosity with which they share and the transfer knowledge. "There is a rootlessness: I give it away because I do not hold on to this, which is exactly what is needed to change organizations", he said.
1. Changes in family structure. Only a generation ago, only one member of the couple worked. In today's families, both work and this leads to changes in decision making about the work that are in confluence with the life project.
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2. More women. The global trend is that 60% of university graduates are women. So if before it was said that firms had no women, now they don't have men. 3. Changing in expectations of men. The women carry with them their values to the workplace and men value things not previously appreciated. 4. Fewer skilled workers. Above all, it is increasingly harder to find the worker one is looking for.
5. Changing expectations of younger generations. 6. Increasing impact of technology. Technology is changing in a shocking way because we increasingly become more mobile and tend to take our job wherever we are. It will transform when, how and where to work. M
Source: "The challenge of reconciling personal and professional life", conference held in November 2010 in Montevideo, Uruguay
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opinion
IP services
are not a simple "red tape"
Because much of the daily process of intellectual property involves repetitive paperwork with government agencies, some customers and, interestingly, some lawyers, tend to believe that the practice of Intellectual Property Law is limited to a simple 'red tape'. It is therefore very important to express a responsible opinion on whatever is being exposed. It is impossible to reach a consensus by the diversity of existing disciplines. In particular, I advance my opinion on whether the IP services are or are not a mere "red tape". No, they are not. The understanding of this issue goes beyond what we can perceive. When thinking about IP services let's not imagine it as a simple presentation of an application for trademark registration with the competent authority and sitting around waiting for a decision, after the examination of form and substance, which will be favorable or not, and sitting back to wait for them to produce a certificate, registration or title of property. This actually is red tape. However, within the procedure, there may arise in-between cases of different nature to be resolved, and this is what turns a mere formality into a legal act that requires deeper expertise and knowledge on the subject. IP services are much more, they are highly specialized topics, such as arbitration and litigation (for example, misuse, falsification, industrial espionage), copyrights, patents, piracy, trade secrets, appellations of origin, licensing, fiscal implications of such rights, equity valuation. And in this era of knowledge interrelates intensively with topics such as creative commons, information technology (grouping elements and techniques used in the processing and transmission of information, especially computing, Internet and telecommunications). The person who provides intellectual property services, does, in fact, promote legality in this area, to the extent that convinces customers that our country provides protection to intangible assets. So that their trademarks, trade names, patents, etc., may be present in www.marcasur.com
the region, as long as they are registered with the competent authority and thus enjoy all the benefits that such protection entails, the main one, the protection against third parties, invaluable benefit, because the product is derived exclusively from the human intellect. Thus, the law firms who specialize in intellectual property must be kept constantly aware of the laws and the various international treaties relating to these, for it is the key that gives the desired security to the investor. Firms that provide IP services, as well as providing a means of protection for client assets, they promote and attract foreign investment. These firms must be prepared and trained for the demands of the competitive market in which we are immersed. Because today's businesses require that their lawyers, besides knowing the laws, know more about your business and put more emphasis on customer service with marketing strategies and techniques to be every day supported in your growth, and maintaining the professionalism, speed, strength and effectiveness. This translates, at the end of the road, in positive and profitable results for your clients. We can then ensure that IP services are not simply red tape.
Sandra Cabezas Socio | Partner Regional Director of Intellectual Property at CENTRAL LAW. Oficina en El Salvador: Rusconi, Medina & Asociados CENTRAL LAW El Salvador Tel.: (503) 2241-3600 Fax (503) 2289-2477 scabezas@central-law.com elsalvador@central-law.com www.central-law.com
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A ROYAL
ENDING IT WAS HELD IN PARIS BETWEEN 3 AND 6 OF THE OCTOBER THE 42nd CONGRESS OF AIPPI (INTERNATIONAL ASSOCIATION FOR THE PROTECTION OF THE INTELLECTUAL PROPERTY). THIS ASSOCIATION, FOUNDED IN 1897, IS CONSIDERED THE WORLD LEADING TO PROMOTE BETTER PROTECTION OF INTELLECTUAL PROPERTY RIGHTS THROUGH THE UPGRADE OF INTERNATIONAL AND NATIONAL REGULATIONS.
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Dining in Versailles
Let us begin by the end of this very important conference, that is, the dinner at the Palace of Versailles. This historic building visited by thousands of tourists every day exclusively opened the last night of the congress to organize a gala dinner for attendees and their companions. Everyone enjoyed a fantastic evening or, as the title says, a royal ending. In anticipation, the Palace of the Louvre was opened two days earlier, exclusively, that was visited by two thousand people.
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With these two major social events as a framework, on Sunday began the work of the committees, which continued on Monday, Tuesday and Wednesday with the plenary sessions and thirteen workshops. The organizing committee, in the words of co-chair Denis Monegier du Sorbier, tried for it not to be an event that represented only France but all Europe. Therefore, the organization included colleagues from other European countries.
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Juan Pablo and Martha Cadena (Brigard & Castro, Colombia)
Appreciating good art . Victor Abente Brun and his wife Belinda Castillo (Abente Stewart abogados, Paraguay)
The activity of the committees is very important in the association, because the topics have been defined by national groups, the sessions' attempts to reach conclusions which are then written as the Association's recommendations for governments. The discussion is being promoted is without doubt of a very high academic level and one can listen to experts developing their views, sometimes calmly, sometimes agitatedly, but certainly everyone learns.
Elegant. Claudia and Franklin Hoet Linares (Hoet, Pelรกez, Castillo & Duque, Venezuela) 36
One of the topics discussed by the committees was the protection against dilution of a trademark. In this issue there is no harmonization in the world, and in some jurisdictions, the owner of a brand can stop the use -by a third party- of a brand when by its shape or by the products distinguished by it, may impair or degrade his brand, but in other jurisdictions, however, nothing can be done and he is helpless. Most national groups felt that was necessary for protection in case of dilution and therefore regulations should be harmonized in this regard. www.marcasur.com
Marcasur in Paris. Teresa and Juan Pittaluga (Uruguay)
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Happy couple. Carolina MartĂnez and Francisco Espinosa Reboa (Estudio Espinosa Bellido, Peru)
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Jorge Otamendi (G. Breuer, Argentina) was appointed Member of Honour of the Association and received a commemorative medal.
Max and Carolina Villaseca (Estudio Federico Villaseca, Chile)
At the workshops, according to Denis Monegier, they aimed to have first class speakers, including lawyers, judges and people in industry and commerce. There were considered issues of importance to developed countries, for example, pharmaceutical patents, to which were devoted five workshops. The conference is held every two years. Next one, in 2012, will be hosted in the Republic of Korea. Between conferences it takes place a forum open to all members. This year it will be held in Hyderabad, India from 13 to 18 October. M Cheerful. JosĂŠ Luis Arnaut (Rui Pena, Arnaut y Associados, Portugal), Antonella Carminatti (Barbosa, Mussnich & Aragao, Brazil) with Luis de Larramendi (Elzaburu, Spain)
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opinion
FIFA World Cup South Africa 2010 Emilio Carrillo Becerril, Coca & Becerril, S.C.
Undoubtedly, the World Cup in South Africa has been the global sporting event with the largest audience in 2010. Besides the presence of millions of fans, this event has enjoyed a global audience of almost all countries of the world through TV, radio and the Internet. We are talking about a media phenomenon unprecedented in history. Despite the huge and special interest in all countries, it is a fact that the enjoyment of all broadcasting rights is not intended for everyone. In Mexico, for example, the two nation's largest television stations broadcast 30 games on broadcast television, while the full 64 games were broadcast on pay TV. Of course, the transmission of the games and any related element is not free. The transmission company necessarily needs the consent and authorization of the owner of the broadcasting rights in the world. In this case, copyright, broadcasting rights for all matches, teams, players, official logos, trademarks of the event and even the official trophy and mascot, belong exclusively to the FIFA (FĂŠdĂŠration Internationale de Football Association), which, in strict accordance with their own rights, grants and signs multiple licensing agreements around the world with the broadcast companies that have the interest of disseminating these images in their respective countries in media like TV and radio, Internet and mobile devices. For some, the granting of these permits or licenses may seem like a monopoly. However, this is just one of many examples of the manifestation of the free market, the sale and purchase of goods and services. FIFA, as the owner of these rights, has a special interest in conserving them and has adopted, among others, the figure of official sponsors of the World CupTM, which gives it a continuous and significant presence at any match and under any circumstance connected directly or indirectly with the Cup. Also, it takes steps to avoid any relationship between the concept of FIFA World Cup with a mark of third parties. It is important to remember the female fans of the Dutch team, that FIFA felt that they were www.marcasur.com
promoting a well known brand of beer in that country. FIFA has created and found alternatives to make the transmission of most of the games accessible to all. Just to mention one example, the FIFA allowed the display of the games in public places such as beaches, streets, public squares, etc., so that anyone who did not have access to pay TV could watch and celebrate their favorite team. In summary, FIFA, as the organizer of the World Championship and as the rightful owner of all related intellectual property rights, defends and gets respect from the other parties of its legal interests, which to some may be overkill, but is in fact very effective.
Emilio Carrillo is a lawyer. He initially entered Becerril, Coca & Becerril SC in 1989 and worked at the firm until 2001. Before his return to our firm in 2010, he worked in one of the largest Mexican television companies, exercising his legal practice in the entertainment industry. He has practiced in the areas of processing of marks and copyrights, administrative actions, contracts and administrative litigation. As head of Central Control of the Directorate of Industrial Property Administration, Emilio focuses his practice in the conservation process of industrial property rights. JANUARY / MARCH 2 0 1 1
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Interview to Randi Mustello
INTA ONLINE SHE HAS EIGHTEEN YEARS OF EXPERIENCE IN THE PUBLISHING WORLD AND FOR THE LAST FIVE YEARS HAS BEEN DIRECTOR OF INTA'S DEPARTMENT OF PUBLICATIONS. A TEAM OF EIGHT PEOPLE HAVE THE LABORIOUS TASK OF MAKING THE INTA BULLETIN, THE TRADEMARK REPORTER AND FEEDING ONLINE CONTENT TO THE WEB SITE. IN DIALOGUE WITH MARCASUR, SHE SPOKE OF HER DAILY TASKS AND THE ONES TO COME.
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T h e I n t e r n a t i o n a l Tr a d e m a r k Association (INTA) has among its ranks an editor of great experience. Among other tasks, she has served as managing editor at The Trademark Reporter and was senior editor at the prestigious legal publisher Matthew Bender & Company. She has a PhD in Law from the New York Law School and a BA in English Literature at Manhattanville College. While she has been working at INTA for 10 years, she has been director of publications since 2005. Randi Mustello is charged with the responsibility to oversee and coordinate all efforts of the Publications Department of the Association. That includes developing and monitoring the objectives, priorities and strategies, which puts her in contact with other managers for the planning and implementing of the strategic plan. Whether through the work of committees or through the work of staff. "It is a very good group, they are committed, I love working with them and they make my job easier", she says. This is the dialogue she held with Marcasur. www.marcasur.com
ÂŤWE WANT TO INTERACT MORE WITH PEOPLE:KNOWING WHICH T OPICS THEY WANT COVERED, WHAT WOULD BE INTERESTING, WHAT THEY COULD USE IN THEIR JOBSÂť
When did you start in the field of INTA publications? I started when Charlotte Jones was still the executive director of the Trademark Reporter and eventually I became her substitute. I was deputy director and then became executive editor of the Trademark Reporter and started working on different projects. I think in 2005 I became the director of publications. I've always worked on different projects within the editorial area. These publications that I have here are mostly online, where we're really trying to focus. We like to think that saves time and money of the members during their practice of brands because they have access to all sorts of information about brands. Includes information about cases, but also documents and pictures given in these cases. Do you publish this online and also on paper?
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The only things that are published on paper are the Trademark Reporter and the Bulletin, which are also online. You can enter and search the archives of publications and view articles that have been published in the past. We are working on redesigning the web site to be assembled in 2011 and we have to organize all these resources in one place so that people do not have to search the entire web, so we are very happy focusing on that and getting statistics. Are you working on a new project related to the publication, apart from the web site project? We are going to move databases to the web page as it is, we will not alter the integrity of such content, but much of what we will do is to simplify the content to make it more efficient and effective and really communicate well our message. There is also the Traders International Practice and Procedures which came out in 2010.
How can someone in from Latin America become a contributor? You can contact me or Mary McGreen, who also works in publishing, once the contributor has attached his project, and as long as he commits to it. As we say, this is a lifetime commitment and thus we try to get different people, we try to get contributors from different countries. At the INTA Bulletin we did an article about online publications only so that members are aware of that. It's part of what we do for our members, and I'd really like to get their feedback, their ideas, if they like the products, or want to be contributors.
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ÂŤWE WILL SIMPLIFY THE CONTENT SO THAT IT IS MORE EFFICIENT, THUS THOROUGHLY GETTING OUR MESSAGE THROUGHÂť
A vision, a reality: launching new site and social network
In order to show the international network of people and businesses that form the INTA, last January 6, 2011, the Association launched its new site and a new social network, My Powerful Network. The new site includes a new look of the brand and a new slogan: Powerful network powerful brands. Visitors are welcomed by a dynamic display of photos of members, as well as logos of companies that comprise it. In addition, to help in navigation, new elements were introduced as Topic Portal, Global Trademark Research and Programs and Events. "Anyone can use the information we offer by simply entering the new site. The new elements and network opportunities, make being part of INTA more valuable than ever for its members", said Alan C. Drewsen, executive director of INTA. Members of INTA member organizations will have access to the network site, which aims to become the largest social network specifically for the IP community. "Our goal was to create a powerful new brand, site and network to reflect INTA's position as the global leader of IP professionals, and we are excited to have made this vision a reality", said Devin Toporek, INTA's Marketing manager We invite you to visit the new site www.inta.org
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How often do you update that information? We try to do it when we notice a change in the law, then we get in touch with our collaborators so they can update it in real time. We say, 'please take a look at this information'. So once a year and sometimes twice a year, people take a look at the content and ensures that everything is updated. But when information becomes available, as new laws, we contact the contributor and say, 'Can you please see this information?' and 'make sure that it remains accurate'. Because it's online it gives us great flexibility. I come from the publishing world, where we published a book and when we did, it was already outdated. Therefore we are more focused on the online part, which is actually more profitable. M
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opinion
Marks in the Caribbean? The advantages and disadvantages When faced with a number of Caribbean islands customers must assess differences in legislation and policy scenarios from one to another jurisdiction, and must address questions such as when, how and to what islands to enter their trade mark applications.
Frequently, some customers assume that a single trademark application may cover multiple islands, or that they can proceed without the originals of certain documents. However, filing a trademark application in the Caribbean and its follow-through, is not so simple. Recently, the Netherlands Antilles disintegrated, conforming three territories: Curacao, San Martin (half French and half Dutch) and Caribbean Netherlands (covering the territories of Saba, St. Eustatius and Bonaire). Curacao and St. Martin are now separate islands within the Kingdom of the Netherlands, but Caribbean Netherlands remains a dependency of the Netherlands. In a situation like this, what to do about the old trademark registrations in Netherlands Antilles? Quite simply, in none of the three territories WIPO records (Madrid Protocol)may be reconfirmed, where Netherlands Antilles were appointed, i.e. now they have three trademark registrations instead of one. For national brands at the Netherlands Antilles, these should reconfirm in the Netherlands Caribbean, but they should not reconfirm in Curacao and St. Martin. In Curacao and St. Martin, while the trademark owners should not reconfirm, they should renew the marks independently on each island, as they would need to do in the Netherlands Caribbean. There is much confusion about British Virgin Islands (BVI) and the Virgin Islands of United States (USVI). The BVI consist of Tortola, Virgin Gorda, Jost Van Dyke and fifty other smaller islands. BVI is a dependent territory of the United Kingdom. Meanwhile, USVI consists of Saint Croix, Saint John, Saint Thomas and about fifty smaller islands. It is a territory of the United States of America. Customers assume that the relaxed routine of living on an island will affect the handling of their application, and sadly this is still the case. Unfortunately it may take several weeks or even months to receive receipts (Barbados and the Bahamas). www.marcasur.com
Any process tends to be slow and cumbersome in Antigua, Bahamas and Guyana, which negatively impacts on customers accustomed to the European agility. However, not everything is negative for the handling of applications is very expedient in Cuba, Dominican Republic, Jamaica, Anguilla and Trinidad, where customers can expect top quality service. One of the benefits that are worth highlighting is the formality of powers, which with the exception of the Dominican Republic (where the power must be notarized), the other islands do not require any formality (Cuba and Belize ), or require notarization or the stamp of the applicant. This means that customers can formalize the powers in a short time. Similarly, it is not required a power in Jamaica or Puerto Rico. When you should claim priority you may want to fill applications in Anguilla, Barbados, Belize, Cuba, Dominican Republic, Haiti (the power is entered at a later date), plus Jamaica and Puerto Rico, where power is not required. In Puerto Rico, Antigua and Bermuda, you can not claim priority. You can in Bahamas, but on the basis of an application made in one country and not in a CTM, for example; also, you can not fill the documents at a later date. Slowly, there have been made positive changes in the Caribbean and intellectual property has become a priority for many islands. The existence of juridical security gives protection to the creations and attracts foreign investment.
Gabriela Bodden works as a professional in the International Intellectual Property Department of EProint, focusing primarily on issues of trademark, copyright and patent, and disputes of IP of legal nature. She has extensive experience in managing complex IP portfolios in Latin America and the Caribbean, covering topics such as brand background searches, trademark applications, maintenance of trademark registrations, contractual legal advice in IP, consultancy on issues of piracy and strategies related to the subject. Her email is gbodden@eproint.com JANUARY / MARCH 2 0 1 1
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The word is yours
José Cuervo: notoriedad impide cancelación por no uso According to the Trademark Office of Colombia (the "Office"), when a brand, subject to a cancellation action for non-use, is declared notorious, no cancellation is applied.
Upon confirming its doctrine, already established in previous cases, the Office decided, by ruling of June 2010, declaring the notoriety of the brand Jose Cuervo for tequila, under Class 33, and therefore denying the cancellation for non-use of the Cuervo brand, a brand that identifies beers and soft drinks included in class 32. In this particular case, the Office considered, first, that the evidence of use provided on the Cuervo brand were not sufficient to show that this had been used within the required time period. For this, the Office conducted to assess the evidence purporting to demonstrate the notoriety of the brand Jose Cuervo, among which was particularly relevant the market survey that inquired among consumers of alcoholic beverages on the extent of their knowledge of that mark to identify tequila. The survey results enabled the Office to conclude that the Jose Cuervo brand is so widely known and has such prestige among consumers of alcoholic beverages, that it should enjoy the notoriety trademark status. This was so because the brand was the first to be recalled by consumers, with a notable difference compared with the one that ranked second. Once the Office established that the brand Jose Cuervo is a notorious sign for tequila, the ruling considered whether the special status attained by the mark could prevent the cancellation of the Cuervo trademark for non-use. It is worth mentioning that the cancellation action for non-use had been submitted by a third party who sought to register the tademark Cerveza de Cuervo for beer
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in Class 32. Therefore, to conclude that the cancellation of the Cuervo brand was not appropriate, the Office analyzed several key areas and determined: 1) there is a clear relationship (competitive connection) between the goods covered by the marks Cuervo and Jose Cuervo, considering that the products share the same marketing channels and the same advertising means and, very importantly, are usually produced by the same businessmen, 2) the fact that the brand Cuervo partially reproduces the Jose Cuervo brand implies that consumers believe, according to market research results as proof of notoriety, that both brands share a common commercial origin. Ultimately, the decision to declare the visibility of the Jose Cuervo brand in class 33 and to deny the cancellation of the Cuervo brand in Class 32 in the future to prevent any third party to obtain registration of a mark for Class 32 which may be so confusingly similar to trademarks Cuervo or Jose Cuervo.
Carlos Andrés Guevara Correa
Date and place of birth: September 17, 1976. Bogotá, Colombia. Nationality: Colombian. Occupation: lawyer Academic data: lawyer by Universidad del Rosario, Bogotá, Colombia, 1999. Master in Intellectual Property, University of Alicante, Alicante, Spain, 2007
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The word is yours
Geolocators in social media "For evil to triumph is only necessary that good men do nothing�. Edmund Burke
Geolocators are the most relevant application these days, to the extent that many mobile devices have them preinstalled and you can immediately find the location of the mobile user, no matter if he is static or moving. In fact, the extraordinary applications now being sold and purchased with ease on an iPhone or an iPad, when installed they automatically seek to establish contact to determine the user's location, which serves companies to establish preference parameters and develop the famous behavioral targeting. Well-known platforms like Twitter, Gowalla, Brightkite and Facebook are also implementing them. These are complemented by Foursquare, a program with which users earn points for each check-in that he makes at a place or event in real time and gives a positive or negative opinion of it. With the information left on these sites we are reporting our location at all times. With the support of photos and videos that we upload to the network and the comments we make during the day, it is possible for almost anyone to know where we live, where we are, our routine and sometimes, more importantly, whether we are or aren't home. At this time, many Latin American countries are living a difficult situation in the safety area. I will speak of what affects me: in Mexico we are experiencing a critical situation, in which the struggle between drug cartels can distracts us enough to not put enough attention on the fact that insecurity does not decrease and the existence of geolocators will be a useful tool for organized crime.
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The situation gets more worrying when we know that in most cases mobile devices do not have adequate security programs to ensure the protection of the user, which has led to hackers to launch attacks against these devices to access our immediate placement. In some Latin American countries this information is protected by habeas data regulation or protection of personal data held by individuals. It is a relatively young field in the continent and, in my view, would render the companies providing these services responsible, who deal with personal data of users, such as your name and location. As it happens, this information is a valuable tool for organized crime.
Some initiatives aim to promote awareness of this situation. One is the web site pleaserobme.com and, apparently, is well under way. In Mexico there are some initiatives in this direction, such as navegaprotegido.org, a Microsoft initiative to protect internet users, mainly children who use the web, but it is necessary that these are developed strongly in Latin America, where it is well known that Internet use has grown exponentially, similar to that of organized cyber crime.
Jorge Molet Burguete Date and place of birth: March 13, 1972. Tapachula, Chiapas, Mexico Nationality: Mexican Profession: Lawyer Academic Data: Degree in Business Administration from the Universidad Intercontinental (Mexico). Law degree from the Universidad Nacional Autonoma de Mexico. Intellectual property specialist from the University Panamericana (Mexico). Specialist in Fiscal and Administrative Justice by the Federal Court of Fiscal and Administrative Justice (Mexico). Specialist in IT and Communications L a w, b y t h e A u t o n o m o u s Technological Institute of Mexico. Administrative Procedure Law Specialist by the Institute of Postgraduate Studies in Law (Mexico). He teaches at the Centre for Research and Economic Teaching (CIDE), Mexico. JANUARY / MARCH 2 0 1 1
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WWW.MARCASURTRAVELLING.INFO
Four reasons to visit
CABO POLONIO MARCASURTRAVELLING INVITES YOU TO DISCOVER A PEARL HIDDEN AMONG THE DUNES OF THE OCEAN COAST OF URUGUAY.
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1. Adventure. 264 km from Montevideo and 180 km from Punta del Este, on Route 10 in the city of Rocha, is located a rustic terminal which acts as entry point to Cabo Polonio. Suffice it to say that there is no access road and we can imagine a wild place. Once in the terminal (which has parking), the options for the trip to the seaside are: hiring authorized four-wheel vehicles (you must get a ticket and wait your turn up) or horse-drawn carts, or you can take a walk of seven kilometers down the Vialidad road, among sand dunes and woods. As a national park, the area is protected and is very controlled by the National System of Protected Areas in Uruguay. A few years ago you could access from the nearby resort of Valizas via the carrier known by the nickname of 'the French' (for his nationality). The trip was in a 4x4 jeep along sand dunes and bordering the beach. And while they were spectacular, today are not allowed. The vehicles go by the Vialidad road, less attractive, but without affecting the ecosystem. As for its name, there are several versions. For some, it owes its name to the voyage by Juan Dias de Solis in 1516 when he named the rocky headland Cabo Apollonius. For others, the Polonio name was taken from a Spanish galleon that ran aground there in 1735. 2. Disconnected. Cabo Polonio has no trees, no roads, no running water or electricity, no ATMs, no large infrastructure of hotels and restaurants. But despite that, it's a lovely resort and its mystique can do anything. This is a small fishing village with nearly one hundred year-round permanent residents, plus staff of the lighthouse. With sand roads and wooden houses known as ranchos (but that has nothing to do with Dallas), with the necessary amenities and some with solar or wind energy.
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The most common tourists are those who are attracted by the relaxed style. Thousands of them visit the place in tourist season, from January to March, attracted by the natural environment. To understand its uniqueness we strongly recommend coming with time. In Polonio there are no schedules and, instead of living under the tyranny of time, you enjoy the slowdown. It could as well be part of the so-called slow movement that was born in Rome against fast food in protest for the opening of a McDonald's restaurant in Piazza di Spagna, and carry a shell as symbol. Isolation also means it is almost entirely outside the Internet network.
3. The mobile dunes, beaches and more. In the past it was an island, and it is forecast that with the advancement of ocean waters, will be again. It has a coastal ecosystem of unique features because it includes mobile white sand dunes that stretch for miles and reach up to 25 meters (ideal for sand boards) They are continually shaped by the wind. There is also a native forest, small wetlands, three islands, marine areas and rocky shores. It is located on a ledge of the coast between two beaches: Sur and La Calavera, to the north. During the day, you enjoy a strong sun on the beaches of cold green water. Meanwhile, the calm waters of the north beach are better for swimming. Surfers prefer Sur, where a natural springboard formed by a rock known as la Ballenita allows plunging into the sea. It has three small islands off its coast known as Torres islands: La Rasa, La Encantada and El Islote, home to hundreds of sea lions. The sea lion colonies can be seen if you walk along the area of rocks near the lighthouse. From every corner you can hear their sounds. They are joined by gulls, lapwings, owls and domestic animals, many of whom are
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are loose and it is not rare to see them passing by: sheep, cows, ducks, chickens, horses, among others. 4. The Milky Way. Since you have to spend the night without light, houses are lit with candles and the moon and the millions of stars take center stage, which can be seen in the poloniense sky. This experience -take note- marks a before and an after. It's fascinating. For a long time the resort was completely isolated and its life began with the lighthouse. It was lit in 1811 and is today a National Historic Monument. The revolving light that it emits not only serves as a reference to the fishermen but also to the visitor. When night falls it is not easy to find one's way around and has even inspired Uruguayan singer Jorge Drexler, who won an Academy Award, to write an album entitled Twelve seconds of eternity: "And the night at el Cabo is revealed in a huge radar", tells the song. And it surely is the case. M
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Tips The time: December. Spending New Year is a good choice. The usual tourist: a mixture of nature lovers, adventurers and people with young spirit. Domestic and international travelers. What to bring: plenty of sunscreen, hat and sunglasses, flashlight, candles, warm clothing and rain jacket. Accommodation: We suggest renting a house with much anticipation (you can ask for el Rubio or Daisy), or reserving your place at an inn (La Perla del Polonio, Mariemar or la Puesta de Sol). Another option is the bed & breakfast (the Santa Maradona or lo de Jerry). For supplies stores: El Templao (better known as Lo de Lujambio) or Pirulo's. For lunch: La Golosa and La Perla del Polonio. For the evening: Bar lo de Joselo (look by the road a bungalow with a lush garden in the front), El Alero and Sargento Garcia. What you can not miss: climbing up the lighthouse and taking a panoramic view of the place, go seeing the colony of sea lions, climbing the dunes, watching the sunset on Playa Sur and moonrise in restaurant La Perla del Polonio. And you should try: drinking mate and Grappamiel – a trademark of Uruguay, a mixture of brandy and honey- and eating a chivito (steak sandwich).
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kidding but
seriously A little culture When you read the program of a conference you probably do not appreciate the efforts of organizers to choose interesting topics to present. Furthermore, you may complain for the repetitive topics. Next time you do, do not forget to take into account the following numbers: each year there is a minimum of four major international conferences on IP addressing at least ten topics each. Result? Forty subjects per year... or almost a hundred in two years. Too much. The equation gives a convincing conclusion. It is difficult for organizers to select an original subject to discuss, is sooo complicated! IP news are in short supply, the law is maintained and regulations are changed every once in a while. This combo leads to repetitive topics that bore participants, used to pay thousands of dollars to attend a conference and hearing the same thing. As if the recurrence of themes were not sufficiently cloying, their speakers are responsible for making you yawn a bit more. They are obviously highly qualified specialists who know their stuff, but their way of communicating it has the ability of waking the Blackberry
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and lulling the auditorium like hypnotists. So let's be honest. Few attend conferences for the topics exposed. It is rare to hear someone say, "No way I will miss that event. I am so excited about the seminar on 'Alternative means of protection of INNs' that I would travel now". I assure that most of the audience just gets excited by the cocktails they are invited to. It is true that conferences are a tremendous and valuable academic contribution to young people who are in their early years of practice. They do find topics of interest that keep them alert, excited and curious. But conferences are not generally targeted to young people in their early years of practice. Given this reality, we should change for the good of the IP community. And the solution is basic but effective: including general culture subjects. In short, although unconnected, they also educate the attendees. Of course that while outside speakers are paid for their work, expert IP speakers do not. They are colleagues who would even pay for the notoriety they get to speak at a conference. But money should not be a barrier when looking for happiness... At the recent ASIPI meeting in Chile, how many of you would have liked to hear an expert talk about the logistics of the rescue of the miners? Or a specialist lecturing on Chilean wines? How about a reliable source to explain the political reasons by which Marcelo Bielsa does not want local football managers?+ I do not propose to abolish the IP issues, but to reduce its consideration in favor of a dose of general knowledge that will impact our lives, and boy, that matters! I am convinced that conferences should have professionals of prestige with the ability to cope with large audiences. Recognized speakers to talk about topics foreign to IP. U.S. and European
companies already do it. When they get their employees together they talk about labor issues but also bring speakers to draw on general knowledge. An original form of seminars, which by being fun does not stop educating or being very useful for the profession. I still remember the day an employee retired from a company where he had been several years. As a goodbye he named three things that had marked him there: one was a conference on Nelson Mandela, a topic entirely distant from his work, which, however, had been of great help personally and professionally. IBA recently organized a two-day seminar in South America. The topic? How to relate the life of an attorney and his family life. It was a success, especially the first conference, in which the speaker was a surgeon and not a lawyer. Of course he did not explain the way of sterilizing an operating room. He talked about philosophy in a clear manner, earning the attention of all the public. So, when we returned home, we all had something interesting to tell...
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History of a trademark Ice cream created in 1961 by Reuben Mattus
Häagen-Dazs
ice creams THE PERFECT DESSERT FOR DEMANDING PALATES. ITS NAME DOES NOT HAVE A SPECIAL MEANING AND IS HARD TO PRONOUNCE. IT BEGAN WITH ONLY THREE FLAVORS: VANILLA, CHOCOLATE AND COFFEE, BUT THE PASSION OF ITS CREATOR SOON LED TO DEVELOPING NEW FLAVORS AND TAKING THEM TO ALL CORNERS OF THE PLANET.
n 1921, Reuben Mattus was a young businessman working in his mother's business selling ice cream in the bustling streets of the Bronx in New York. Over the decades the family business prospered, until in 1961, Mr. Mattus, supported by his wife Rose, decided to form a new company dedicated to top quality ice cream. Mr. Mattus insisted on using only the purest ingredients to produce the new ice cream. That was how he perfected a recipe based on cream, peanut butter and nuts, which was delicious. He called his new brand Häagen-Dazs. His idea was to convey through the name and design, the aura of oldworld Scandinavian traditions to the American public. Wi t h o u t t h e b e n e f i t o f advertising, its success consisted of word of mouth and praise. The brand quickly developed a loyal following. And while at first it was only available in gourmet stores in New York, soon the distribution expanded. In 1976, Doris, the daughter of Mr. Mattus, opened the first Häagen-Dazs shop. The popularity of ice cream led 74
to a rapid expansion of stores throughout the United States. The first processing plant opened in 1978 in New Jersey. In 1983 it was bought by the American group Pillsbury, which was then in turn bought by the British group Grand Metropolitan and Diageo subsequently. Since 1983, the mark has reached around the world: Hong Kong and Singapore, in 1983, Japan, in 1984, Germany, in 1987, England in 1989. Europe it has captured 2.5% of the ice cream market, not a small figure if one considers that Europeans only consume five gallons of ice cream per year per inhabitant, against a total of 25 liters across the Atlantic. Therefore, to enhance its presence, the brand has launched the Häagen-Dazs cafes. In 1999, the company created in the United States a joint venture with Nestle. Today is the undisputed leader of luxury ice creams in the U.S. with 270 ice cream shops and the third largest global ice cream industry. It has more than 900 locations in over 50 countries. In 2000 it aired a campaign by Euro RSCG, under the title "Hopelessly Häagen-Dazs". You have to try them. M
Sources: Histories de marques, by Jean Watin-Augouard, www.haagen-dazs.com. www.marcasur.com