THIS EDITION IS SUPPORTED BY:
Editorial
staff Editor: Juan Pittaluga jpittaluga@marcasur.com
Press: Karina González kgonzalez@marcasur.com
Juan Francisco Pittaluga francisco@marcasur.com
María Victoria Licio mlicio@marcasur.com
Academic Department: Dr. Daniel Lamas dlamas@lamasgrimaldi.com.uy
Collaborators: Teresa Pereira tere@marcasur.com
Cinemag
How satisfying it is to write this editorial for the 50th issue! In these 50 editions and 14 years since we started to publish the magazine, Marcasur has established itself as the communication medium that reports what happens on Intellectual Property in Latin America. And we have done it with a special style, not only referring to what happens in academics, in regulations, in the law, but Marcasur considers other topics that are of interest to specialists in IP.
Collaborators in this edition: Victoria Pereira, Andrea Mendelevich Florencia Bianchi Commercial Department / Subscriptions: Mei-lin Che mche@marcasur.com
Until the 40th edition, the magazine was edited in Spanish only; from then, we began to publish an English version which you receive through various channels, including the IPad application. The English edition has been well received by professionals from other continents interested in knowing what happens regarding IP in Latin America and they have liked Marcasur style of informing. In addition to the magazine, we send, every two weeks, Marcasur International, a dynamic and easy to read newsletter.
Design: LP / arte visual Photography: Mei-lin Che Communications: Natalia Domingo ndomingo@marcasur.com
Correction: Alejandro Coto Printer: Gráfica Mosca
We look forward to continuing having the support of English-speaking readers. M
Juan Antonio Pittaluga Editor
MARCASUR Year 17 nº 50 july-september 2013 Cont. Echevarriarza 3535 A, 1604 CP 11300 Montevideo, Uruguay Tel: (598) 2628 4604 Fax: (598) 2623 2957 info@marcasur.com
Quarterly publication edited by Editorial MS S.R.L. ISSN 1688-2121 D.L. 354.155 Paper Commission. Edition protected under Decree 218/96
>Marcasur mail
Send your correspondence to: info@marcasur.com www.marcasur.com
04 Editorial
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History within history
05 Contents
50 editions in history
06 Have you heard? 08 History within history. 50 editions in history 12 Interview. With Juan Pittaluga. «What I like most about this project is that we have to innovate every day» 16 Marcasur through its covers. By Lucía Pittaluga 21 Column. Advertising in the media. By Victoria Pereira, of Pereira Marketing 22 Article. Marcasur Excellence Awards 2013 28 Flash. Photo gallery 38 We present ourselves. Marcasur team 39 Always present. Our advertisers answer 44 Tribute. To Rodolfo Martínez and Carlos Terra
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WE PRESENT OURSELVES
48 Entertainment and sport law. A Brazuca vai rolar FIFA World Cup
Marcasur team
50 Trademark News. 52 Column. Marcasur and the spirit of our profession. By Daniel Lamas
Contents
54 Interview. Romero Pineda & Asociados 56 Marcasurworld. Marcasur products 59 Going through interviews. Some of the best phrases of our interviewees 63 History of a trademark. Marcasur, magazine created in 1996 by Juan Pittaluga
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Special issue. We celebrate 50 editions www.marcasur.com
HAVE YOU HEARD? News In Mexico, the law firm specializing in intellectual property, De Santiago Abogados, has recently opened . Its founding partner is José "Pepe" De Santiago, who has a long and rich experience in the intellectual property field, having been for more than 10 years a partner at the recognized firm Olivares & Cia. His new contact details are: JosedeSantiago@desantiago.com; www.de-santiago.com
They come& go In Uruguay, Pittaluga abogados incorporated lawyers Juan Pablo Jaume and Gabriel Pittaluga Rossi to its Litigation Department. In Peru, BARLAW - Barrera & Asociados added Catherine Escobedo to its team as an associate lawyer. Catherine previously served as IP & Medicines Component Leader of the USAID Facilitating Trade Project of the U.S. Agency for International Development, and as an associate lawyer at Piérola & Asociados.
New data In Uruguay, the law firm Ferrere moved to its new corporate premises, Edificio Ferrere, in the historical and financial center of
Montevideo. The new corporate headquar ters provides more space for client meetings and is adapted to the needs of the more than 500 people working in the firm. The new contact details are: Edificio Ferrere Juncal 1392, 11000 Montevideo, Uruguay Tel: 598 2900 1000 Fax: 598 2900 5000
In Dominican Republic , the law firm IPLawFirmDR has a new address . Its new data are: Av República de Colombia, Ciudad Real II , Manzana G, No. 17, 202 Santo Domingo, Dominican Republic
Congress With great success and more than 500 participants, it was held the 49th Annual Conference of the Inter American Bar Association (FIA ) in Asunción, Paraguay. The main topics discussed were: - The role of the Executive, Legislative and Judicial Branches in the strengthening of integration processes - The challenges of integration for law practice in general. - The need for the consolidation of integration from a business perspective. More information www.conferenciafia2013.com
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New authorities In Peru, it has recently been elected the new leadership of the Peruvian Association of Industrial Property and Copyright (APPI). The new authorities are: Marta Fernández Pepper - President Luis Alonso García - Vice President Jorge Allende - Secretary Micaela Mujica - Treasurer Alfredo Valencia - Vocal Mónica Germany - Vocal María del Carmen Alvarado - Past President www.appi.com.pe
Anniversary 70 years In Brazil, Jose Carlos Tinoco Soares celebrates 70 years of professional activity. Such an event must of course be celebrated! In these 70 years, the prestigious lawyer of Sao Paulo has had a truly prolific activity. He practiced the law, wrote books, directed associations, taught courses, panels and conferences, participated in academic and social events throughout the world, fought for his principles, made friends, formed a formidable family and created and developed one of the most respected Latin American law firms. What is left for Jose Carlos to achieve? Nothing. We have left to say: thank you for everything you have given. ¡Parabéns pra voce!
LES Chile In Venezuela, Tehar SC celebrated 18 years in June 2013. It is a law firm specialized on intellectual property matters, affiliated to the firm Travieso Evans Arria Rengel & Paz.
In Chile, the lawyer Rodrigo León, partner at the law firm Silva & Cía, became president of LES Chile, the Chilean branch of the Licensing Executive Society.
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HISTORY WITHIN HISTORY
YOU CAN CALL IT “FIFTY”, “FIFTHIEST”, “50” IN ORDINALS OR “L” IN ROMANS; THE TRUTH IS THAT FIFTY ISSUES ARE A LOT AND HAVE LEFT THEIR FOOTPRINTS IN HISTORY. WE PROPOSE TO SHARE WHAT HAPPENED IN HISTORY ALONG THE HISTORY OF MARCASUR.
> 1996
50 EDITIONS IN HISTORY > 1997 > 1999
> In Montevideo, comes out the first edition of Marcasur. “Marca” (trademark) for the magazine's topic and “sur” (south) for Mercosur and South America. Its motto was "The first Mercosur journal that marks the information".
> An annual four-page edition with colored features. In Mexico comes into force a new law of copyright, and in Panama, the new IP law # 35. We interview Enrique Rubio, director of the WIPO office for Latin America and the Caribbean.
> In Scotland is born Dolly the sheep, the first cloned animal. In Atlanta, USA, are inaugurated the Olympics 96. In England, Diana Spencer and Prince Charles divorce. It is revealed the possible contamination of man by the socalled mad cow disease.
> In Bolivia, the presidential election is won by Hugo Bánzer and the remains of Che Guevara are found. The United Kingdom transferred control of Hong Kong to China after 155 years of colonization.
> 1998 > Marcasur starts coming out biannually, with four pages in black and white and color details. Santiago Bustamante, of Ecuador, undertakes ASIPI's presidency. The Argentine law firm Beccar Varela celebrates its 100 years. > Hugo Chávez wins for the first time the presidential elections in Venezuela. There is a total solar eclipse. Microsof t launches Windows 98. The company Google is founded. Frank Sinatra and Octavio Paz die. Viagra hits the market. It starts a boom in mobile telephony.
> 2001
> With the advance of Internet, launches the marcasur.com website, a directory of law firms and professionals that had the merit of being the first directories available on the web. WIPO plans to expand its headquarters in Geneva.
> Marcasur covers are made of thicker paper. Pros and cons of the PCT. The next generation of professionals is born, among which are Matías Noetinger, Francisco Espinosa, Andrés Moreno and Julián Vadillo.
> Philip Morris is sentenced to pay 50 million dollars to a smoker with irreversible lung cancer. In the Netherlands opens for the first time the reality show Big Brother. USA returns the control of the canal to Panama. And at the end of the year nothing happens with the computer Millennium bug.
> In the U.S., Jimbo Wales and Larry Sanger create Wikipedia. There are simultaneous attacks on the Twin Towers (in New York) and the Pentagon (in Virginia). IPods are created. Windows XP is launched.
> 2000 > The eight edition comes out, with a full color cover that signals the arrival of the Internet on IP. In Rio de Janeiro is celebrated the centenary of Dannemann Siemsen Bigler & Ipanema Moreira. Readers point out the usefulness of the section “Have you heard?” > In Chile, socialist Ricardo Lagos Escobar becomes president. In Mexico is elected president the National Action Party candidate, Vicente Fox. In Peru, A l b e r t o Fu j i m o r i b e c o m e s president for the third time after winning the general election.
> 2002 > Marcasur begins a new era with the sale of advertising space in the magazine. It's told the story of Ladas & Parry. Uruguay professionals discuss the constitutionality of the Paris Convention. It is created the photo gallery in the magazine. > In Brazil, the metalworker Luiz Inácio Lula da Silva wins the presidency in a runoff. Pope John Paul II canonizes Jose María Escrivá de Balaguer, founder of Opus Dei. Yves Saint Laurent announced his retirement from the world of fashion.
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HISTORY WITHIN HISTORY
> 2003
> 2005
> Marcasur launches its new headquarters in the Torres del Puerto in front of the promenade of Buceo. First cover photo. The 125th Annual Meeting is held in Amsterdam. It is discussed the Y2K effect of trademarks.
> It was an outstanding year for Marcasur. We start sending the digital magazine and a newsletter every fortnight. Marcasur visits the WIPO headquarters in Geneva.
> The Iraq war begins. In Argentina, Néstor Kirchner becomes president. The Netherlands become the first country in the world that distributes hashish in dr ugstores for therapeutic purposes. Mother Teresa of Calcutta is beatified. Dan Brown publishes his best seller The Da Vinci Code.
> 2004 > The cover article on professional women by Marcasur has a big impact on the legal profession. Hugo Berkemeyer takes up as ASIPI president and Jacqueline Leimer as president of INTA. > The Argentine Fernando Sanz creates the website Taringa! In Madrid take place the 11-M attacks by jihadist terrorists. In El Salvador, Elías Antonio Saca González takes up office. In Panama, Martín Torrijos takes up the presidency. Mark Zuckerberg founds the social network Facebook. Google launches Gmail. In France, the veil law comes into force. www.marcasur.com
> In Uruguay, Tabaré Vazquez takes up the presidency of the Republic, the first left wing president in the country's history. Apple markets its Mac OS X. Hurricane Katrina hits ground, causing considerable damage in various U.S. states. Youtube.com is created. In Bolivia, Evo Morales wins the presidential elections.
> 2006 > It is the beginning of subscriptions in Marcasur. Marcasur realizes how IP events have been increasing and professionals must travel regularly. > In Chile, Michelle Bachelet is the first woman elected president. In Europe, Muslim protests continue on the spreading of cartoons of Mohammed. Coretta Scott King, widow of Martin Luther King, dies. In Vienna, Austria, an Argentine topless young woman protests the Uruguay paper mills at the summit between European and Latin American leaders.
> 2007
> 2008 > The widely read section "Lawyers in their free time" comes to light with the Bermeo family of Ecuador and their passion for horses. A heavy weight of the publishing industry is interviewed by Marcasur: Henry Horbaczewski, vice president and general manager of Reed Elsevier.
> 333,380 is the total of trademarks submitted in Latin America. 37% of those attending the INTA in Toronto are women as well as 42% of those attending ASIPI in Rio. Martín Michaus makes the Marcasur cover as president of ASIPI.
> Through Operation Jaque, are released in Colombia former Colombian presidential candidate Ingrid Betancourt and 14 others who had been kidnapped by the FARC. In Paraguay Fernando Lugo takes up the presidency.
> In Ecuador, Rafael Correa takes up the presidency. The disappearance in Por tugal of the girl Madeleine McCann shakes the world. Apple introduces the iPhone.
JULY / SEPTEMBER 2 0 1 3
> 2009
> 2010
> 2012
> 2013
> A report on women's participation in the profession shows that women represent 24 % in the category of partners of the largest law firms in Latin America. The IP precursor in Latin American, Peter Dirk Siemsen, is interviewed as a lawyer and sailor.
> Marcasur starts sending its readers an English version of the magazine. With the support of Latin American law firms, is born Marcasur International, a newsletter in English. A report on firms online in Latin America is published.
> Marcasur publishes the history of INTA and an interview with its president, Gregg Marrazzo. Colombia enters the Madrid Protocol, the second country in the continent after Cuba, and Colombian professionals discuss its pros and cons.
> Marcasur celebrates 50 editions with their readers, advertisers, subscribers and friends. And if you care about its history, do not miss the contents of this special issue, true to the style of Marcasur .
> In the United States, Barack Obama takes over as president and becomes the first African American president. Pope Benedict XVI makes his first trip to Africa. King of Pop Michael Jackson dies. In Uruguay, left wing leader José Pepe Mujica is elected president.
> In Chile, Sebastián Piñera, a center-right candidate is elected president. Months later, the country keeps the world in suspense, after a collapse at a mine in the city of Copiapó, keeps thirty-three miners trapped seven hundred feet deep .
> The Mayan calendar restarts and in those lands, Enrique Peña Nieto becomes president. Otto Pérez takes up the presidency of Guatemala. In Egypt, the Islamist Mohamed Morsi wins the presidential elections and becomes the first democratically elected president of that country.
> 2011
> The Argentine Cardinal Jorge Bergoglio is elected pope and takes the name of Francisco. He is the first Latin American and first Jesuit to be a pope. In Venezuela, President Hugo Chávez dies. In Paraguay, the conservative Horacio Cartes is elected president. Brazil wins the 2013 FIFA Confederations Cup in Brazil, amid popular demonstrations encouraged from social networks.
> Marcasur creates an application for IPad. The Newsletter is renewed and becomes an information portal that is reviewed daily . Daniel Lamas has his first column "The new world of IP". In Brazil , Dilma Rousseff takes up the presidency. The domino effect of the Tunisian revolution spreads to other Arab countries. In Egypt , Hosni Mubarak resigned as president of the country. In Libya a civil war unleashes, that ends with the death of dictator Moammar Gadhafi. Steve Jobs, founder of Apple, dies. www.marcasur.com
INTERVIEW // WITH JUAN PITTALUGA
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«WHAT I LIKE MOST ABOUT THIS PROJECT IS THAT WE HAVE TO INNOVATE EVERY DAY» HE HAS FOUNDED A MAGAZINE, A SUCCESSFUL INTELLECTUAL PROPERTY FIRM AND A FAMILY, WITH FOUR SONS AND SIX GRANDCHILDREN. JUAN PITTALUGA SPOKE WITH MARCASUR AND ENSURES THAT HE WILL GO FOR MORE.
Fifty editions ago, Marcasur reached for the first time the law firms of all Latin America. We celebrated so many interviews, articles, reports and travels, guided by its editor. He spoke on the future of paper, of his role as an editor and how the idea of creating a magazine arose. Juan Pittaluga spoke with Marcasur . When did your vocation as editor appear? I think that more than editor, I had a vocation of communicator. When I finished my term on the Executive Committee of ASIPI on Santa Margarita, Venezuela, in 1996, and knowing that in the next Congress I was leaving the Executive Committee, I thought, “ What will I do with the time that I have spent for nine years in the committee of the Association?”. I could have said I was going to spend it at the firm but being at the airport at that time waiting and thinking, I said to myself, “Latin America lacks a means of communication by which we stay up to date about the events of our profession. There are associations but each one informs about their association”, i.e. it lacked someone who communicated everything about the profession. There was so much to tell to each other: academic, social and even family . At the airport I was with my wife, to whom I tell my ideas first. I asked, “How about creating a magazine that informs about the profession?”. She replied: “Do not hesitate, I think it is a great idea”. My interest for informing started there. www.marcasur.com
You are a lawyer by profession; how and where did you learn to make magazines? I am a lawyer by profession and therefore a daring person in the editorial arena, because when I started, I thought that one day I could make a real magazine. But at that time I was not concerned about tomorrow, but by the circumstances before me, and that was to have information to communicate; back then I focused on what I had to transmit. The first assistant I had in this subject was Carolina Dos Santos who designed it along with Alvaro Heinzen, and then Victoria Pereira came to coordinate the project. When she had to edit the magazine she carried the material, which came and went with corrections until it was ready to press. I trusted what they did, how they edited, how they designed it. My opinion differed with theirs at times, but I always delegated the day to day in the magazine. My issues were what to communicate and how to communicate it, and this was always my impression. What did you want to communicate and how? What I wanted to communicate was not from the academy side, because the academic part was already very well communicated from national, regional and international associations. I was interested in a communication of simple aspects that made the lawyer in the day to day of the profession, and of course, an academic subject is not a simple one. I also sought to spark the interest throughout the continent and not the interest of just professionals of a country, but professionals throughout the region.
Did the magazine have a good impact from the beginning? It had good start. From the first edition, I do not remember anyone that had spoken negatively of this project, on the contrary, I was always encouraged. And why do you think Marcasur worked so well? For that I had the support of my colleagues and this lead to everyone somehow wanting the magazine and seeing with pride as it grew, how it developed and eventually feeling it as their own. If you ask me what is the secret Marcasur, I would say that it is the fact that all colleagues consider it as their own, as something that is part of them and that if they had to communicate they would do it the same way or try to do it the same way. Mission accomplished: everyone understood that this project belonged to all. Any stories you remember from those early days ? From a more recent time, I remember a story from the pictures that we published. One of the editorial premises of the magazine was, and is, to take good photos of the protagonists of intellectual property. So many times people asked us to appear in the magazine and I saw that the people who were asking that were not the academics, nor the professors. Until one day I was approached by a colleague whom I though a good professor, a person with a Jesuit background, and he said, “Juan, I never appeared in your magazine”(laughs). From then on I said to myself, “everyone is interested in the photograph”. JULY / SEPTEMBER 2 0 1 3
What other comments have you received about Marcasur? I have been told that it is superficial, that it was Latin America's “Hello” magazine, among others. I do not think it is superficial, it is another facet of the person, the lawyer, the professional , that we often call superficial to distinguish it from the other, and that we are all interested in. It is a facet within the personality and it also often leads to the wives of the lawyers to tell me: "Oh , Marcasur, I always ask my husband to bring it home to read it" or the husband says: "It is the only intellectual property magazine I take to my house." Gradually, the magazine has gotten its personality and style and it does not imitate anyone; it is Marcasur. As an editor, what do you do best: making the magazine or selling it? Making it, without a doubt. But someone out there tells me that, without realizing it, I am a very good seller. But I do not think that is true, I think I am better at making it and I do not know how to sell it.
«AS LONG AS THERE IS A CONTENT TO COMMUNICATE , WE WILL ALWAYS FIND THE MEANS TO DO IT»
Are you preoccupied and occupied at keeping that image of an innovative magazine, in the sense that it is an intellectual property magazine that has innovated in other facets of the profession? I am preoccupied and occupied, yes, because what I like most about this project is that every day we have to innovate. In the legal profession it is very difficult to innovate and, conversely, in the magazine it is almost law. When I meet with the people with whom we make the magazine, I enjoy listening and proposing ideas, and every time we meet, something new comes out, because innovation has no roof. That is what I like about this project. What short-term goals do you have? To keep communicating and that it continues interesting the young people of today and tomorrow. If young people are interested, we are on track .
«I AM AWARE THAT PAPER WILL GO ON LOSING VALIDITY AS A SUPPORT»
Will magazines exist in the future as we know them? My big concern is the readers that are to come, the young professionals. I see that those who are in college nowadays are not inclined to read on paper or, more than inclined, they are not used to reading on paper. I am aware that paper's role will become obsolete as a support. The important thing is that the content does not lose validity. While there is a content to communicate, we will always find the means to do so. What will happen to Marcasur, printed on 90-gram coated glossy paper? Do you prefer to read Marcasur on paper or on the iPad? Marcasur was born on paper and one sees it on iPad and one likes that it incorporates new communication technologies. Still, the day they bring the magazine fresh off the printer and leave it on top of my desk, is an indescribable occasion for me as an editor. M
«I WAS INTERESTED IN A COMMUNICATION OF SIMPLE TOPICS, THAT HAD TO DO WITH THE LAWYER IN THE DAY TO DAY PROFESSION»
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MARCASUR THROUGH ITS COVERS
AUTHOR COVERS A GOOD COVER IS LIKE A GOOD SHOP WINDOW AND THAT IS WHY WE PUT A LARGE EFFORT IN EVERY EDITION SO IT HAS THE BEST COVER. WE PROPOSE A TOUR OF THE BEST ONES, SELECTED BY LUCIA PITTALUGA, MARCASUR DESIGNER .
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Without a doubt, covers are for any designer a fertile ground for creating. Through these years, we saw Marcasur grow and nurture with excellent content, product of a creative team who is constantly evolving. The design of the covers attempted to "dress up" in the best way each publication and accompany those contents by embellishing them. Each new number is a new challenge. Today we celebrate fifty numbers, allowing us to look back and share with you some highlights of the work.
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Cover 11 The idea was brought to us to refer to the country of tulips and so, along with photographer Fabiรกn Oliver, we created this monochrome cover. Fabiรกn is very thorough and we spent almost a whole afternoon to take the series. Cover 16 There are covers (as in this example) that are not discussed in the Marcasur team. We quickly liked the idea and its final resolution. But there is always some detail to improve, in this case, we swapped the pants that I had initially drawn for a skirt. Cover 17 Anticipating the colors that we would later chose for the institutional development of Marcasur, this cover has movement, clearly expresses the different ways of the profession. 16
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JULY / SEPTEMBER 2 0 1 3
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Cover 20 I remember that I presented several proposals and was finally approved this design: the Germany World Cup and a diagonal composition, with motion, accompanied by the colors of the German flag, forceful and gimmicky . Cover 25 We chose the path of the cartoon to represent the timid use of the Madrid Protocol in the United States. The white background helps highlight the image.
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Cover 27 The collage is a resource that I like to use. You can create unique covers. In this case I used the graphic resource of accumulation to reinforce the idea of navigation, Internet and the many screens we go through daily. Cover 28 Cartagena is full of corners that bear aesthetic and historical value. When I received the photos, it was hard to settle for one and finally used a painting to enhance the warm colors.
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Cover 29 Speaking of piracy in film through a simple element, strong, monochrome, was the choice in this edition's design. I remember that the idea was conceived by Juan Pittaluga, editor, and I immediately liked it. Cover 31 This is a cover that I really like. The graphic composition has movement and the text too. Again I used the collage resource that allows simultaneous display of multiple items when that is necessary. The red color gives strength for a balanced and powerful cover. Cover 34 Seattle is a mix of market, history and contemporaneity. This design tried to express that. I remember I sent three or four options to choose from. They quickly chose this one, and we agreed.
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Cover 40 It is one of the best covers. I think it was the one that took more time cutting and drawing in Photoshop. The photos are arranged compositionally around a large Y. I used a nearly monochrome palette with color visual accents. JULY / SEPTEMBER 2 0 1 3
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Cover 41 There are some jobs that come out seamlessly. I received this cover from the direction almost done, the photo was already chosen and I simply added the M. Cover 46 I remember that I presented several options in this edition. Finally the option was the one that worked best with the concept. A resolution in three planes visually potent, a balanced and central design, taking the central theme as reference. Cover 43 I particularly like textiles. In this case I cropped the texts onto a picture of a Chinese dress. The theme and the graphic possibilities are endless and we had a hard time deciding between the various options presented. The result is a visually strong design accompanied by largescale typography. M
43 www.marcasur.com
COLUMN
ADVERTISING IN THE MEDIA
By MarĂa Victoria Pereira Let's start with the definition of these terms, as it is usual the confusion between advertising and marketing, to the point of understanding them as synonyms. Marketing is much more than advertising. It is the set of techniques that may enhance the business by increasing revenues or profitability. It includes market analysis, segmentation, selection of a target audience, positioning the firm, development and management of your brand, services design, pricing of these services, customer loyalty and finally, all aspects of communication. Advertising is one of the actions a firm can perform to communicate. Depending on your goals, you may or may not be part of a communication strategy. Since 1996, with the creation of Marcasur magazine, until today, in 2013 and fifty editions later, many things have changed in the field of communication of law firms, particularly in advertising, which we will discuss in this article. Following the example of Marcasur, only in the 10th edition, in 2002, the first adverts were published. A quarter black and white page was the only option for no more than five advertisements in the first editions. A lot of water has gone under the bridge and
this special edition finds Marcasur having overwhelming support. Of course, the increase in the amount of publicity is not only due to the quality of the magazine and its importance in our continent and beyond borders. Mainly, we find a different reality in the Latin American legal market in just fifteen years. The practice of law has changed. The profession is overcrowded, the practice of law is becoming internationalized, there is more accessibility, more information, new competitors have emerged, new technologies have accelerated management processes in the firms, and there are a growing number of mergers and alliances between firms. Markets that were traditionally very static have had important shifts, some of them unthinkable before. In short, to succeed (or simply to maintain the positioning) it must be done much more than fifteen years ago. And invest more. And better. And in that context and need to broadcast your services, advertising is part of the communication strategy of many firms. It has also helped that in recent years, ethical codes and restrictions on advertising in most Latin American countries have been updated to our times and have become more flexible. Certainly, the advertising of professional services is questioned among marketing professionals, in particular by the results that can be obtained and the high costs involved. The return on investment is at least doubtful, with which I agree in many cases. But I also make an exception: it depends on the medium and the proposal. In Marcasur's case, much of its business success is that, in addition to reasonable costs and an excellent circulation within the region, aimed at a very specific target, it adds an important level of reading and identification with its readers. Finally, we should note that advertising is much more than buying a space in a
magazine, and it involves a careful design and communication work, performed professionally. You need to consider aspects such as the target audience and the press medium in which you are publishing, define a visual focus on the design and a focus on the message, present the benefits and, where possible, take action. Ultimately, achieving an advertising that captures the attention of our target audience in a positive way and achieve their recollection. And also, being constant in the publication: for an advertisement to catch our attention, it should be repeated between 4 and 7 times. Minimum. Unfortunately, and in my experience, it is quite common for firms' advertising not to meet the key aspects such as those mentioned. Although there is more awareness of its importance that some years ago, there still is much to do in terms of advertising, design and communication in the Latin American firms. There are still few firms that deal with these issues in a professional and strategic way. A simple observation or an opportunity? You choose.
MarĂa Victoria Pereira is a consultant in legal marketing and business development, specializing in Latin American law firms. Her email address is: victoria@pereiramarketing.com For more information, visit: www.pereiramarketing.com
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IN THIS ANNIVERSARY EDITION, MARCASUR PRESENTS THE MARCASUR EXCELLENCE AWARDS. THEY WERE CONCEIVED AS AN AWARD TO EXCELLENCE DRAWN FROM THE VOTES OF OUR SUBSCRIBERS. THEREFORE, YOU ARE THE ONES THAT HAVE DECIDED, FROM THE VOTING, THE BEST ONES.
This presentation of Marcasur Excellence in the 50th edition involved some challenges both in the number of responses to communications as the launch of a new method that could prove very fruitful or contrary to expectations. In regard to the outcome, difficulties arose, such as the self-vote or the refusal to vote for colleagues within the same country; the time factor was also an issue, because the vote was bounded to a small span and may have been insufficient. The lack of knowledge of international role models and how to proceed with a new product that had never been carried out in Latin America, added further difficulties to the voting. However, there were a significant number of voters —but not as expected—and Marcasur wanted to show them to its readers. The first portion of the votes refers to
Latin American professionals considered excellent on their intellectual property practice in 2012. The percentage allocated was on total votes. The second portion of the votes corresponds to professionals chosen as role models by country for what they have done in 2012. The percentage of votes per person corresponds to the percentage of the total votes cast by country, and did not include countries that had a total of less than five votes. The third portion of the votes highlighted the professional under 40 years old that is considered excellent with regards to intellectual property in 2012, by country. In this last vote there was a great plurality and diversity of votes, which led to quintuple draws in many cases, losing the character of distinction that was intended. Thus the results are not published but the votes and the information were collected.
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THE MOST VOTED IN LATIN AMERICA The most voted were Juan Vanrell (13%) and Jorge Chávarro (9 %).
Juan Vanrell Partner at Vanrell IP. BSc in Business Administration w/e Intellectual Property by the Newport International University (NIU), PhD in Business Administration w/e in Intellectual Property, Doctor of Philosophy in Business Administration. Current president of ASIPI.
Jorge Chávarro Partner and Head of International Department at Cavelier Abogados. Attorney by the Universidad Externado of Colombia, Bogotá. He pursued advanced studies in Legal Terminology and Private International Law at the Universidad París II. He works in the areas of trademarks, patents, geographical indications, copyright, health, regulatory and compliance law, corporate law, labor law, commercial law, administrative law and international law.
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JULY / SEPTEMBER 2 0 1 3
THE MOST VOTED BY COUNTRY
Elizabeth Kasznar
ARGENTINA:
Partner at the law firm Kasznar Leonardos. Attorney by the Universidad Estatal de Río de Janeiro (Clóvis Bevilácqua prize). Researcher at the Max Planck Institute, Germany. Patent Technician by the Pontificia Universidad Católica de Río de Janeiro and the Trademark Office of Brazil. Awarded the Túlio Ascarelli award by the Túlio Ascarelli Commercial Institute. Doctorate in Commercial Law from the University of San Pablo. ABPI 's first vice president.
Graciela Pérez de Inzaurraga Hausheer Belgrano & Fernández (18%)
Graciela Pérez de Inzaurraga She joined Hausheer Belgrano & Fernández in 1989. She graduated as a lawyer from the University of Buenos Aires in 1987 and is an industrial property agent .
BRAZIL: Draw. In this case there was a three way tie between Gabriel Leonardos (20%) and Elizabeth Kasznar (20 %), both belonging to the Kasznar Leonardos Propiedad Intelectual firm , and Luiz Henrique O. Do Amaral, from law firm Dannemann, Siemsen, Bigler & Ipanema Moreira (20 %).
Gabriel Leonardos Luiz Henrique O. Do Amaral Partner of the firm Dannemann, Siemsen, Bigler & Ipanema Moreira. Lawyer by the Candido Mendes University. His areas of practice are trademarks, geographical indications, copyright, technology, franchising, e -commerce, consumer law, competition law, litigation, IT. President of ABPI. www.marcasur.com
Partner at the law firm Kasznar Leonardos. Attorney by the Universidad Estatal de Río de Janeiro. Researcher at the Max Planck Institute, Germany. Graduate in Law at the Ludwig -Maximilian University, Germany, Masters in Financial Law by the University of San Pablo.
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CHILE:
Rodrigo Velasco Alessandri of law firm Alessandri (20 %)
Rodrigo Velasco Alessandri Partner of the firm Alessandri. He is a lawyer by the University of Chile and musician of the Berkeley College of Music in Boston. He has specialized in intellectual property. He is national delegate and president of the Committee of Copyright of ASIPI, member of the Internet Committee of INTA, president of the Committee of Copyright of ACHIPI, member of the Advisory Board of ProBono Foundation.
COLOMBIA:
PANAMA:
Eduardo Varela Pezzano, of Cavelier Abogados (38 %).
Eduardo Varela Pezzano Associate at Cavelier law firm. Lawyer and specialist in Intellectual Property from the Universidad Colegio Mayor de Nuestra Señora del Rosario. Professor of the Chair of Intellectual Property at the same university since 2008.
Gabriela Tejada, de Icaza, González-Ruiz & Aleman (23 %).
Gabriela Tejada Partner of the firm Icaza, González-Ruiz & Aleman. Degree in Law and Political Science, cum laude, from the University of Santa Maria La Antigua in Panama, and DEA in General Private Law at the Universidad de París Panthéon-Assas. www.marcasur.com
URUGUAY:
PERU:
Draw. Victoria Fox, of Fox & Lapenne (19%), Martín Pittaluga, of Pittaluga Abogados (19%) and Juan Vanrell, of Vanrell IP (19%).
María del Carmen Alvarado, of Rodrigo, Elias & Medrano (23 %).
María del Carmen Alvarado Victoria Fox Partner at Fox & Lapenne. Lawyer by the Catholic University of Uruguay. Industrial Property Agent. Diploma on Intellectual Property, University of Montevideo. She is a delegate of Uruguay in ASIPI.
Partner at the law firm Rodrigo, Elias & Medrano. Bachelor of Law from the Pontifical Catholic University of Peru; lawyer; Administration of Industrial Property Training Course, Tokyo, Japan; Franklin Pierce Law Center Intellectual Property Summer Institute, Concord, New Hampshire, USA. She is vice president of the Peruvian Association of Industrial Property and Copyright.
MEXICO:
Manuel Soto, of Uhthoff, Gómez Vega & Uhthoff S. C. (15 %).
Martín Pittaluga Partner at Pittaluga Abogados. Bachelor in Business Administration from the Catholic University of Uruguay; Masters in Business Law from the University of Montevideo. Industrial Property Agent. He is vice president of AUDAPI.
Manuel Soto Managing Partner at Uhthoff, Gómez Vega & Uhthoff S. C., Head of the Trademark Department. A graduate of the Bachelor of Laws, Universidad Nacional Autónoma of Mexico, and degree of Business Administration from Drake University in Des Moines, Iowa, USA. www.marcasur.com
VENEZUELA: Draw: José Ramón Fermín of Bolet & Terrero (17%) and Beatriz Ayala of Ayala & López (17%).
José Ramón Fermín Legal Coordinator of the law firm Bolet & Terrero. Intellectual property specialist lawyer from the Universidad Santa María, Venezuela; graduate of Commercial Law, University of Salamanca, specializing in Intellectual Property, University of Los Andes, Venezuela. He is president of the Venezuelan Association of Intellectual Property Agents and ASIPI's main delegate.
www.marcasur.com
Beatriz Ayala Senior Partner at Ayala & López. Lawyer from the Universidad Central of Venezuela and Master in Intellectual Property from the University of the Andes, Venezuela. Delegate for Venezuela in ASIPI.
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FLASH!
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WE PROPOSE TO GO THROUGH MARCASUR HISTORY AT A FAST PACE: 50 EDITIONS IN 50 IMAGES, RECALLING EVENTS, MOMENTS AND LOCATIONS THROUGHOUT LATIN AMERICA AND THE WORLD. SAY CHEESE...
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Edition # 2 - AIPPI in Vienna, Austria, 1997. Andrés Echeverría (Chile), Sergio Amenábar (Chile), Ramón Benedetti (Panama), Juan Pittaluga (Uruguay)
Edition # 4 - First meeting of lawyers of Mercosur in Buenos Aires, Argentina, 1999. Mario Silva (Chile), Alberto Berton Moreno (Argentina) and Sergio Amenábar (Chile) Edition # 3 - IBA in Rio de Janeiro, Brazil, 1998. Max Montero (Chile), Héctor Alvarez (Peru) and Rodrigo Velasco (Chile) Edition # 6 - INTA in Denver, (USA), 2000. Julia Telechea (Argentina) and Diana Muller (USA)
Edition # 5 - ABPI in Rio de Janeiro, Brazil, 1999. Roberto Vieira de Mello (Brazil) and wife, Peter Siemsen (Brazil) and Ricardo Vieira de Mello (Brazil)
Edition # 7 - ASIPI in Buenos Aires, Argentina, 2000. Hugo Berkemeyer (Paraguay) and Michael Cassels (Argentina)
Edition # 8 - INTA in San Francisco, USA, 2001. Martín Pittaluga (Uruguay), Marcelo Menna Barretto (Brazil), Claudia Franco (Paraguay), Luis Moreno (Peru), Salvador Saravia (Guatemala), Mª. del Pilar Cantero (Paraguay), Andrés Moreno (Bolivia), Polina Anohin (Latvia) and Víctor Abente (Paraguay) www.marcasur.com
THE FIRST EDITIONS OF MARCASUR WERE IN NEWSPAPER FORMAT WITH BLACK AND WHITE PHOTOS
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ABPI in Rio de Janeiro, Brazil, 2003. Helio Fabbri, Jr. (Brazil), Goncalo Da Cunha Ferreira (Portugal), José Graca Aranha (Brazil), Luiz Edgardo Montaury (Brazil) and Roberto Vieira De Mello (Brazil)
ASIPI inLa Paz, Bolivia 2001. Denise Garnier (Costa Rica), Luz Helena Villamil (Colombia), Gladys Bareiro (Paraguay), Carmen Silva (Chile), Pietro Ariboni (Brazil), Marta Pequeño (Brazil) and Mario Silva (Chile)
INTA in Amsterdam, Holland, 2003. Gladys Bareiro de Módica (Paraguay), Nohemi Spiegel (Panama), Denise Módica (Paraguay), Martha Landivar (Bolivia), Mónica Wolf (Colombia), Irene de Sola (Venezuela)
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Edition # 17 - ASIPI in Santo Domingo, Dominican Republic, 2004. Matías Noetinger (Argentina), Ricardo Richelet (Argentina), Héctor Manoff (Argentina), Renzo Scavia (Peru) and Juan Vanrell (Uruguay) Edition # 18 - INTA in San Diego, USA, 2005. Sandra Milena Rodríguez (Colombia) and Mauricio Bonilla (Costa Rica)
Edition # 16 - AIPPI in Geneva, Switzerland, 2004. Teresa Pittaluga (Uruguay) and Ramón Benedetti (Panama) Edition # 20 - ASIPI in Punta del Este, Uruguay, 2005. Olivia Gómez (France), Lilián Zelaya (El Salvador) and Morena Zavaleta (El Salvador)
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Edition # 21 - ASIPI-AIPPI in Buenos Aires, Argentina, 2006. Florencia Crea (Argentina), Jacqueline Moreau (Venezuela), Martín Carrizosa (Colombia) and Mónica Wolf (Colombia) Edition # 23 - FICPI in Paris, France, 2006. Bernardo Serrano (Chile), Ana María and Alfredo Valencia (Peru), Eduardo Molina (Chile), Javier Uhthoff (Mexico), Adela Serrano (Chile), Marcela Uhthoff and Arturo Alessandri (Chile)
Edition # 22 - INTA in Toronto, Canada, 2006. Manuel Soto (Mexico) and Luis Miguel Espino Nieto (El Salvador)
Edition # 27 - AAAPI in Buenos Aires, Argentina, 2007. Sergio Ellmann (Argentina), Mario Aramburu, Héctor Palacio (Argentina) and Carolina Fernández (Argentina)
Edition # 25 - INTA-ASIPI in San Pablo, Brazil 2007. Adriana Barrera (Peru) and Alejandra Valdéz (Dominican Republic) Edition # 26 - INTA in Chicago, USA, 2007. Luis Henriquez (Costa Rica), Carlos González (Spain), Enrique Cheang (Venezuela) and Ignacio Temiño (Spain) www.marcasur.com
Edition # 28 - ASIPI in Cartagena, Colombia, 2007. Marta Fernández Pepper (Peru), Monserrat Alfaro (Costa Rica) and Juli Gutiérrez (Peru)
Edition # 24 - ASIPI in Rio de Janeiro, Brazil, 2006. Rolando Candanedo (Panama) and Jorge Tristán (Costa Rica)
Edition # 29 - ASIPI-AIPPI-IPO in Mexico City, Mexico, 2008. José Juan Méndez (Mexico), Beatriz Ayala (Venezuela) and Arturo Pérez Guerrero (Puerto Rico)
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Edition # 30 - INTA in Berlin, Germany, 2008. Alfredo Barreda (Peru), Edy Guadalupe Portal (El Salvador) and Cristina Mir (Chile)
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Edición Nº 36- ASIPI en Lima, Perú 2009. Rodolfo Rodríguez (Colombia), Natacha Reyes and José Manuel Carrascosa (Venezuela)
Edition # 32 - ASIPI in Miami, USA, 2008. Barbarita Guzmán (Venezuela) and Rolando Candanedo (Panama)
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Edition # 35 - ABPI in Rio de Janeiro, Brazil, 2009. The Guerra family of Brazil, Cristina, Elías Marco, Cloris and Alberto Guerra
Edition # 33 - ASIPI in Quito Ecuador, 2009. Beatriz Ayala (Venezuela), Manuel Polanco (Venezuela), Rosa Mejuto (Venezuela), David Quiroz (Colombia)
Edition # 34 - INTA in Seattle, USA, 2009. Ricardo and Tito Mejía (Honduras) and Susana del Cerro (Uruguay) ASIPI in Lima, Peru, 2009. Roberto Arochi (Mexico) and Marcello do Nascimento (Brazil) www.marcasur.com
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Edition # 38 - INTA in Boston, USA, 2010. Juan Pablo Silva (Chile), José Juan Méndez (Mexico) and Francisco Silva (Chile)
Edition # 40 - ASIPI in Santiago de Chile, Chile, 2010. Luis Ibaceta Navarro (Spain), Gisela Mendoza (Mexico), Ovidio Parra (Guatemala), José Andrés Fuxet (Guatemala), Minerva Lozano (Mexico) and Wendy Trujillo (Mexico)
Edition # 42 - INTA in San Francisco, USA, 2011. Fernando Becerril (Mexico), Mauricio Bonilla (Costa Rica), Javier Isern (Spain) and Miguel Angel Jiménez (Mexico) Edition # 39 - ECTA in Barcelona, Spain, 2010, Antenor Barbosa (Brazil), Justin Young (USA), Rafael Covarrubias (Chile), Martín Michaus (Mexico) and Eduardo Fonseca (Canada)
Edition # 41 - ASIPI in San Juan, Puerto Rico, 2011. Manuel Pittaluga (Uruguay), Martín Pittaluga (Uruguay), Francisco Espinosa Bellido (Peru) and Jeff Snell (USA) www.marcasur.com
Edition # 45 - ASIPI in Antigua, Guatemala, 2012. Irina Terra (Venezuela) and Victoria Pereira (Uruguay) JULY / SEPTEMBER 2 0 1 3
Edition # 44 - ASIPI in Santa Cruz, Bolivia, 2011. Samuel Pamias (Puerto Rico) and Virginia Servent (Guatemala)
Edition # 47 - ACHIPI in Santiago de Chile, Chile, 2012. Chileans Crist贸bal Porzio, Maximiliano Santa Cruz, Max Villaseca, Pablo Longueira, Juan Pablo Silva
Edition # 46 - INTA in Washington DC, USA, 2012. At the cocktail hosted by Ferraiuoli
Edition # 48 - ASIPI in Punta del Este, Uruguay, 2012. Uruguayan hosts at the Pablo Atchugarry Museum
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67
Our team: Francisco Pittaluga (press), José López (software), Victoria Pereira (consulting), Karina González (press), Carolina Rodríguez (receptionist), Alejandro Coto (correction), Daniel Lamas (columnist), Natalia Domingo (communications), Teresa Pereira (columnist), Mei-lin Che (sales department), María Victoria Licio (press). www.marcasur.com
WE INTRODUCE OURSELVES Not on the photo: Lucía Pittaluga (design), Rodrigo Lebrato (design), Massimo di Segni (software), Guillermina Rodríguez (accounting), Ana Abella (secretary)
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FEATURED ARTICLE
ALWAYS PRESENT AMID OUR CELEBRATION, WE INVITED TO CELEBRATE WITH US THE SPONSORS THAT ACCOMPAINED US FOR OVER FIVE YEARS. WE ASKED: WHAT YOU LIKE TO ASK MARCASUR? WHAT EDITION OR ARTICLE DO YOU SPECIALLY RECALL AND WHY? WHAT WOULD YOU HIGHLIGHT ABOUT YOUR LAW FIRM IN THE LAST FIVE YEARS? AND TWO DESERVED HOMAGES TO THOSE THAT HAVE FOLLOWED US IN ALL EDITIONS.
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«I found the proposed extension of the magazine for the international market very interesting, especially for the Chinese market. Did Marcasur get the expected results? Have you fulfilled your expectations?»
«I have no major questions to ask, just excellent comments, and admire the good work you have done since the beginning of Marcasur, since you have achieved channeling a communication for agents across America that has served to enlighten, inform, learn news of friends, create a very good and professional network of friendship and brotherhood, receive good articles related to our profession. You are always a step ahead in this communication. One sees that you have a great team, very responsible and very professional. For middle sized law firms as mine it has been very helpful and has generated (in a simple manner) a magazine of very good information, both on paper and on the web, especially with the English version. What I want to highlight regarding my firm is the addition of my daughter Julieta, who is a graphic designer, creating a marketing sector, learning from Marcasur and with the aid of Mei-Lin».
Ricardo Almaraz
«I have followed the publication over its 17 years, I have read many interesting articles dealing with the Latin American market. Meanwhile , from the most recent articles, I highlight the one titled "Brazil in 2014, 2016: a unique moment", published in January 2012. The text presents the preparation of the legal area for the major sporting events that will take place in Brazil. It is interesting the enhancement of the Olympic Law n º 12305, the special legislation created for the event that among other rules, cited the prohibition of any ambush marketing and unauthorized advertising related to the games. The Cup General Law was also mentioned in the subject. Our office has expanded its areas of real estate law, energy law and tax law. I take this opportunity to inform that our senior honorary partner Peter Dirk Siemsen has been selected this year for the IP Hall of the Fame. He is the first Latin American appointed to this category». Elisabeth Siemsen
«What is the origin, motivation and history of the magazine, and what developments do you have for the future in terms of information and social networks?» «I remember the special supplement on Peru in the edition published on the occasion of the last ASIPI congress in Lima. ”The celebration of our 35 and 40 years, which marked a milestone in our professional history». Jorge Vera
«More than asking questions, I would like to congratulate you for the constant and permanent quality of the magazine, its content, photos, etc. It is not easy to keep up with impeccable quality! Generally speaking, I remember the editions immediately preceding the ASIPI events, with very well documented and very useful off prints, with information about the city and the host country. The distinction IP Firm of the Year, that Managing Intellectual Property has awarded us consecutively in 2011, 2012 and 2013».
«What is the biggest challenge of the magazine and its team , in the medium term?». «In general, make the most out of each edition, because it provides me with quality information and applicable to the area in which I work. I have in mind the 30th edition (July- September 2008), as it was yesterday. I was very surprised you are already celebrating the 50th edition. How time flies! Unimark has had significant growth over the previous five years. As a result, it has doubled the personnel in charge of the procedures related to intellectual property and health records in Central America, in order to achieve the best and most timely care possible for our customers.» Monserrat Alfaro
Martín Torres www.marcasur.com
«The section I find most interesting and I always read is "Statistics", since the comparisons on various topics between different Latin American countries are a great tool to know the way similar countries to Mexico are behaving in industrial property.
«What is the effectiveness of Marcasur from the point of view of marketing? How many readers do you have? Do you have data that some of them may seek specific data in the magazine?» «The sections I like the most are the socials, as they serve to remember good times by and with colleagues. In the last five years, Guillermo Sosa was appointed junior partner of the firm and Enrique Diaz member owner, the youngest to reach this level in the eighty years of existence of the firm. The number of members of the IP area has grown by 200% , as well as having increased the portfolio of matters in the region significantly» Enrique Díaz
The interview you did to Gregg Marrazzo, in the April-June 2012 edition, president of INTA for the period 2012, as it shows another facet of the president, the reasons behind his goals and the way he sees and perceives different happenings in the field of intellectual property. I think Mr. Marrazzo is an excellent example of leadership, as he speaks repeatedly of the importance of teamwork and thanks all his collaborators for the support and commitment to the Association and the organization of the annual conference. In the past five years and along with the growing need to adapt to a world where the only constant is change, at Uhthoff, Gómez Vega & Uhthoff, S. C. we have successfully managed to increase the range of services we offer our clients and have added other specialties of corporate law, among which are: entertainment law, sports law, information technology, plant varieties and protection of personal data. We have also strengthened existing areas, such as the registration of trademarks and patents and the fight against piracy; trade and customs.» Eryk Castillo
«What are Marcasur subscribers more interested in?» «I love the section Professionals in their free time, as it allows me to learn more about all IP colleagues , not only at work level but at personal level as well. In the last five years our firm has established itself in the area of intellectual property as one of the best in Central America.» Edy Portal
«How, when and why did the idea of Marcasur come up?» «I have several articles that come to mind but I want to highlight all those devoted to Lawyers in their free time, as this is not explored in any of the other magazines specializing in intellectual property and offers many different facets of colleagues, shows us a very different angle and perhaps more realistic as opposed to that behind the suit and tie that we all carry. The most significant event of Basham, Ringe y Correa in the last five years was undoubtedly the celebration of the hundredth anniversary of the founding of our firm, last October 31st at the Palace of Fine Arts in Mexico City.» Eduardo Kleinberg www.marcasur.com
«Do you consider that Marcasur has achieved recognition and popularity in Europe and United States? How many firms and businesses receive the publication in these jurisdictions regularly?» «I remember when it launched the edition for the Asian market . I consider it a big step forward on this project. The award achieved by Marcasur in Punta del Este is another significant moment for us , as we have been honored to support, within our limitations , this truly innovative and timely initiative of Juan Pittaluga and his team. Receiving the recognition from the Dirección General de Propiedad Intelectual.»
«Why do not you change Marcasur name? I understand that the magazine was originally oriented to the South American market».
Ricardo Mejía
«I remember the article I wrote about international directories. I had noticed that I had received few comments of my colleagues, being a very important issue for everyone. Our firm was awarded the Firm of the Year in Intellectual Property 2012 award by the magazine Derecho y Negocios». Luis Miguel Espino
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FEATURE ARTICLE
TRIBUTE MARTÍNEZ & ASSOCIADOS INTELLECTUAL PROPERTY LAW FIRM
We interviewed Rodolfo Martínez, one of the founders of prominent São Paulo law firm Martínez & Associados, who has supported Marcasur since its inception and in every edition with advertising. In a deserved place of privilege, Marcasur chatted with him and this was what he told us.
The Brazilian law firm Martínez & associados is headquartered in Sao Paulo, the largest city in Latin America and the center of industrial and commercial activity in Brazil. It has a team of professionals with extensive experience in all intellectual property services in Portuguese, English, Spanish or French. It also maintains a worldwide network of professionals that allows it to quickly get protection worldwide. For that reason, its local and international customer portfolio is diverse. Marcasur spoke with Rodolfo Martínez. Tell us, Rodolfo, what things make you feel a real Brazilian? Essentially the ability to believe that things can and will change for the better. What things motivate you? Professionally, the fantastic universe of new technologies. Personally, my grandson and my stepdaughter. What do you consider your greatest accomplishments at personal and professional level? On a personal level, to be alive after almost passing away at least four times. Professionally, being a founding partner of a firm that provides its clients with quality service.
How did your law firm start? It started in 1990, when I left the firm where I had worked since 1976. What and where was the first ad of your firm? If I am not mistaken, it was in the Brazilian Association of Intellectual Property journal, but I do not remember when. What do you remember of those years when you began advertising in Marcasur? The decision to advertise in Marcasur was taken by my partner and I at the time, because we found Marcasur an excellent idea of Pittaluga's. The anecdote is from when Marcasur made public my enormous joy at the birth of Felipe, my grandson. Imagining the future of IP, what type of advertising would you want to do? New technologies are multiplied so that it seems impossible to even imagine what advertising will be like in the area of IP in the future. Quite possibly, it will be extremely personal and directed to the specific needs of each client. M
Does your profession as lawyer come from family or vocation? Studying law was a natural continuation of my professional activities as an engineer working in the area of patents. www.marcasur.com
TRIBUTE ECV & ASOCIADOS
A guest of honor corresponds to every great event. Such is the case of the Venezuelan firm ECV & Asociados. With its prominent ad in the section of Have you heard?, it has accompanied Marcasur in all editions. Carlos Terra, founder partner, spoke about this experience.
Based in Caracas, this multicultural firm has a multidisciplinary team of professionals that provide comprehensive services in the area of Intellectual Property. The three managing partners, Carlos Terra (Uruguayan), Henry Cheang (Venezuelan, of Chinese roots, who speaks Cantonese) and Marianella Montilla (Venezuelan), form the team of professionals along with other young professionals. The three partners established the firm together and they assure that they complement each other very well. Enrique is the quiet one, Marianella is the energy and Carlos is the balance. They differ in the way of seeing things and thus they complement each other. “It is an interesting mix of age, culture and experience differences”, says Carlos. This was the talk he had with Marcasur . How and when did the idea of advertising the firm come up? The idea of advertising was born along with the creation of the firm, but upon knowing Marcasur, we immediately said: “we have to be here”. It was like identifying with the media through which we wanted to be known. What was the first ad you did? It was in Marcasur.
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Tell us about how you decided to advertise in Marcasur. Who came up with the idea, what did you take into account? Any impact you remember? The idea came from Carlos and what led it to materialize was that it was a specific publication for our environment (or world), and intended for colleagues to whom we wanted to introduce ourselves. Impact-wise, I would say that it served to reaffirm our existence... We were a very new firm at that time. Do you especially remember an edition, article or interview? There are many... It is hard to pick one. What I could say is that always, in every edition, there is something that grabs you, for very different reasons. Why? I think it is because there is always something new. What event from your firm from the last five years would you like to highlight? Our consolidation as a top ranking Venezuelan firm. Imagining the future, what advertising that you have not done, would like to do? The next generation of leaders is forming and they will have to make those decisions... I am sure they will face some scenarios that we can not imagine. M
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SPORTS LAW AND ENTERTAINMENT
A BRAZUCA VAI ROLAR
On 12th of June in Copacabana, the legendary Pelé set up the clock that marks the 365 day countdown to the start of the 20th World Cup of the International Federation of Football (FIFA). It will not be the last time we see Pelé in the near future: even nearly forty years after his retirement, the star earns $18 million a year on sponsorship, and being the largest Brazilian symbol of the planet, his name and image will appear in countless events associated with the World Cup. Also, we will hear a lot the word Brazuca, a term chosen by 77.8 % of Brazilians to designate the tournament's official ball. The balls of the world cup are manufactured by Adidas and give the company huge profits in image because they remain as collection items for fans. Brazuca, which is under development, does not yet have a release date, increasing the commercial expectation to know the design and especially, its technology. So Adidas, who works with FIFA since 1970, renewed its contract until 2014 for 351 million dollars. The German company is one of the official FIFA partners, along Coca-Cola, Hyundai-Kia Motors, Emirates, Sony and Visa. For this world cup, Budweiser, Castrol, Continental, Johnson & Johnson, McDonald's and Yingli and seven Brazilian companies: Liberty Seguros, the food company Seara, the chocolate company Garoto, the phone company Oi, the government agency Apex, the retail company Centaur and Itaú bank will join as sponsors. All these companies will have the right to place their billboards in the twelve World Cup stadiums, which pose a huge problem for the organization. FIFA is concerned that many are still not ready and the Brazilian government still seeks to publicly clarify the awarded contracts to reform, rebuild or build the twelve sites. It was originally estimated a cost of
LESS THAN A YEAR FROM THE NEXT FIFA WORLD CUP, WE TAKE THIS SPECIAL EDITION TO EVALUATE AND ALSO TRY TO ANTICIPATE WHAT THERE IS AHEAD ON THE ROAD TO BRAZIL 2014. LET THE BALL ROLL.
one billion dollars for the buildings; currently it is expected to exceed 3.3 billion. Another participant will be Fuleco, the official mascot. Like all world cup mascots, its creation does not have an economical nature but that of entertainment, national identity and temporality. It is a colorful and cheerful armadillo (like Brazil) that uses social networks (as occurs today) and promotes fair play, considered by FIFA a key element of the game to eliminate violence, the base of their campaigns on last Confederations Cup and the last World Cup Sub 20. The last major confirmed star, of course, is Neymar, the football redeemer, because since 2008, the Brazil team had lost games, ideas, coaches and stars.
Without Ronaldo, Rivaldo, Cafú, Roberto Carlos, Ronaldinho and Kaká, the famous scratch entered a drought of triumphs without a leader to give it back the pride and passion. Neymar, a child prodigy, made his debut in first division in 2009, at just 17. Since then, his rise www.marcasur.com
On the African side, the historic powers are on the race to get their ticket: Cameroon , Nigeria, Ghana and Ivory Coast. Egypt joins as well, one of the countries with most wins and football culture and tradition of the continent, which, unusually, has not qualified for the last five World Cups. From Asia, the usual two, South Korea and Japan will qualify, and Iran returns, who will play its fourth Cup. Australia qualified as well, who after its monstrous win at the Oceania Football Confederation (OFC) was relocated by FIFA to play in the more competitive Asian tournament (AFC).
was meteoric: titles and goals to become the star of his team and the sensational signing of Spanish Barcelona team. Neymar is also the ad redeemer: young, charismatic and genuine, he imposes hairstyles, dances and songs, is fashionable and a huge community follows him on Facebook, Twitter and Instagram. The Brazilian Football Confederation (CBF) sensed the jewel they had in their hands and turned him into the face of the World Cup, helping his club Santos to pay him a salary of eight million dollars a year to keep him in the country, away from the European mega-offers, a feat achieved until May this year. The rest of the players are still in doubt. Lionel Messi, the best footballer in the world, will surely get the www.marcasur.com
classification for the tournament with Argentina. It will be a relief for Adidas, his sponsoring brand, which in its intimate game against Nike, also has Spain as a bastion, brimming with big stars and usual favorite of football fans whose country will not represent them. Its opponent Nike dresses the local team and has Neymar among its athletes, the national idol, and Cristiano Ronaldo, a marketing phenomenon who is very close to getting his place with Portugal. As for football, Latin America will have seven to nine teams depending on whether two of them win in playoffs against New Zealand and an Asian rival. Argentina, Colombia, Ecuador and Chile are shaping up to be South America's representatives. Luis Suรกrez and Edinson Cavani, two of the best players of the moment, will be painful absences in the World Cup if Uruguay does not qualify. Costa Rica and Mexico are well outlined in Central America. FIFA always complacently looks at Mexico's involvement, a sure source of income for the thousands of fans who usually accompany the team.
The qualification of Europe has well positioned batteries: Spain, Italy, Germany, Holland and Portugal. France and England are a step down, but their chances are intact. The novel admiration is for Belgium, with an excellent qualifying round thanks to the emergence of a crop of talent championed by Axel Witsel, Marouane Fellaini and Eden Hazard. The surprise is Bosnia and Herzegovina, who added an iron defensive discipline to its praised offensive capability. Wanting to predict, on July 13, 2014 at the legendary Maracanรก stadium, one of the eight selected world champions will celebrate again. Which one? It remains at the discretion of the reader. That day, there surely will not be claims, demonstrations, critiques, protests or repression. Because, although it is sometimes unfair, football always prevails. M
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LATAM IP NEWS
MARCASUR INTERNATIONAL NEWS
NEW RULES FOR THE RECOGNITION OF MARKS OF HIGH RENOWN
BRAZIL
By Ana Lúcia de Sousa Borda, Danneman Siemsen
ESSENTIAL COSTA RICA
COSTA RICA
By María del Pilar López, Zürcher Lawyers
It goes without saying that a trademark enjoying good reputation and fame is very often considered to be the most valuable asset of a company. READ MORE
The Costa Rican Tourism Agency, the Ministry of Foreign Trade, the Foreign Trade Promoter and the Foreign Investment Trade Promoter launched the country's brand to market the country, to sell local products abroad and to bring more tourists into the country. READ MORE
RIGHT-OF-PUBLICITY TOUCHDOWN HONDURAS PRESS ON AUSTRALIA
HONDURAS
PUERTO RICO
By Jean G. Vidal, Ferraiuoli LLC
By Bufete Mejía
For the second time in less than a year, Honduras formally requested to the World Trade Organization (WTO) the creation of an expertise panel to discuss and decide over tobacco packaging in Australia. READ MORE
College athletes scored an important victory in the 9th Circuit when the Court of Appeals handed down its decision, affirming the lower court's decision which held that college athletes have a valid right of publicity claim against game manufacREAD MORE turers.
EU AGREEMENT ONLY WITH HONDURAS AND NICARAGUA NOT PABLO ESCOBAR
COLOMBIA
By Vera Abogados
The Superintendence of Industry and Commerce of Colombia (SIC) confirmed the denial of registration for the trademark Pablo Emilio Escobar Gaviria, stating it could READ MORE disrupt public order.
DO FOR QUINOA REAL
BOLIVIA
By Orpan
HONDURAS/NICARAGUA
By Edy Guadalupe Portal, Portal & Asociados, El Salvador
The commercial agreement between Central America and the European Union (EU) will come into force the 1st of August only in Honduras and Nicaragua, countries whose legislatures have already ratified and published the agreement in READ MORE their official journals.
JUDICIAL INTERPRETATION OF AN ADMINISTRATIVE ACT
VENEZUELA
By Ana Hernández, Hoet Peláez Castillo & Duque
During a visit to Brussels, Víctor Hugo Vázquez, vice minister of the Ministry of Land and Rural Development, enhanced the recognition of the quinoa by the EU as an 100% Bolivian protected designation of origin (DO). READ MORE
The legal limbo in which the local Industrial Property Act has been immersed, has been meant to be solved by the PTO in an arbitrary way: through the publication of official notices. These procedures have substantially altered the proceedings and requisites established by READ MORE the law.
www.marcasur.com
LATAM IP NEWS
DENIAL OF ACCESS TO EXHIBITION
MARCASUR INTERNATIONAL NEWS ECUADOR
By Luis Marín Tobar, Pérez Bustamante & Ponce
Pesquera Hayduk S.A., a Peruvian fishery, was sanctioned by The National Institute of Defense of Competition and Protection of Intellectual Property (Indecopi) with a fine close to US$ 43,000 for an advertisement of its product READ MORE “Perfecta Anchovetas”.
PANAMA
By Alfaro, Ferrer & Ramírez
APOSTILLE CONVENTION IN PARAGUAY Panama recently enacted law 47 from 2013, adopting measures to immobilize bearer share certificates issued by existing companies and those companies incorporated in the future. READ MORE
PERSONAL DATA
PERU
By Francisco Espinosa Reboa, Francisco Espinosa Bellido
Wide debate has originated in Ecuador regarding the denial of a cinema chain to the exhibition of a historic documentary entitled "La Muerte de Jaime Roldos" produced by a well-known local filmmaker. READ MORE
CHANGES TO THE BEARER SHARE REGIME IN PANAMA
FISHERY IS SANCTIONED FOR FALSE ADVERTISEMENT
PARAGUAY
By Stephanie Franco Ricord, Berkemeyer Attorneys & Counselors
Due to current globalization it is possible to appreciate a growth not only with regards to the commercial traffic between different countries but as well as transactions. READ MORE
URUGUAY
By Pittaluga Abogados
Uruguay is consistlenly transforming itself into one of the regions top countries in personal data protection. The Regulatory Unit for Personal Data Control (URCDP for its spanish acronyms) was created in 2008 to safeguard the fullfillment of data protection legal framework and ensure the respect of all its principles. READ MORE
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COLUMN
MARCASUR AND THE SPIRIT OF OUR PROFESSION By Daniel Lamas It was the year 1996 when Marcasur was founded, a magazine specializing in intellectual property matters that addressed, in a very particular way, those professionals in Latin America that have chosen this area of law. Today, you have in your hands the 50th edition of the magazine. In all these years, seventeen to be exact, Marcasur has been a persistent and accurate chronicler of each and every fact relating to intellectual property in the world, especially in our continent. Two years before its foundation, had been signed the Annex 1C of the Marrakech Agreement that established the World Trade Organization, better known as the “Agreement on TRIPS”. In this agreement, our countries recognized and accepted some obligations that led us to amend the legislation on trademarks of that moment. The old Argentine trademark law, n° 3975, of November 23, 1900 (almost the exact Spanish translation from the French law), which had been the inspiring model of virtually all trademark legislation of Spanish-speaking Latin American countries, was no longer the model. New paradigms led to a legislative modernization that took shape in the final decade of the twentieth century and the first of the twenty-first century. In this period were also adopted a number of international treaties that affected aspects of intellectual property in the various countries of the hemisphere. Among them we can mention the NAFTA, which took effect on 1st January 1994, the Protocol of Harmonization of Intellectual Property in the Mercosur, on Trademarks, Indications of Source and Denominations of Origin, from September 1995, or the decision n° 344 relating to the Industrial Property
Common Regime in the Andean Pact countries. And right now there are already five countries of our continent (United States, Mexico, Cuba, Colombia, Antigua and Barbuda), which are part of the Madrid Protocol concerning the International Registration of Trademarks, which, as we know, has been fiercely resisted by the majority of professionals dedicated to industrial property in Latin America. Something similar happened concerning patents. Not only appeared new national regulatory bodies, but American countries began , one by one, to join the Patents Cooperation Treaty (PCT). United States, Brazil, Mexico and Canada already were part of it in 1996 and until today a total of twenty one countries of the States of the Americas have joined, although a similar resistance to the already mentioned prevented its ratification by many other countries. If we review the Marcasur collection, we will find an informative journalistic chronicle of each of these milestones concerning intellectual property: subscriptions and ratification of international treaties, doctrinal analysis,
changes in national legislation , and assessments of the impact of these changes on the progress of professional firms. But we will also find the contributions of colleagues from different countries or Marcasur collaborators on major issues of industrial property and on new legal doctrine on the subject, as well as on the development of new technologies and its impact on intellectual property rights. This has been a constant concern of our magazine, from number one to number fifty: to achieve a balanced coexistence of the information, the novelty, of all which by its very nature is ephemeral, with the issues that are always present in the normal course of our profession and that are of permanent consultation. But this project, which back in 1996 might seem utopian, meant to last a few numbers, had another ingredient that has allowed it to continue to this day and that ensures it a long life. Marcasur was also a meticulous chronicler of the history of our profession, of its institutions and its players, both from firms specializing in industrial property and the professionals that www.marcasur.com
comprise them, and also of those who think , those who teach , those who spread and those who guide. Each edition chronicles the births of new enterprises , new generations that join the work that we share, of the great achievements and well deserved honors , and the colleagues and friends who retire or who we have lost forever. But also, each of the events that annually summon professionals specialized in industrial property topics, in different times and places in the world, is chronicled by Marcasur. With texts and photographs, new s stories, interviews and news summaries. Personally, I think that every profession, despite ultimately being a way of making a living, has its spiritual side. Those who practice it share a number of feelings and values that make them a part of a community and, above all things, that make them feel proud of what they do and how they do it.
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Beyond the differences, rivalries, professional jealousy or the roughness of the competition —and boy, there is competition in our profession!— the truth is that those of us who have been fortunate to specialize in the area of the protection of intellectual property rights, feel part of a community. And we certainly enjoy the meetings we have regularly, as well as the professional contacts regarding the attention to the needs of our customers that typically connect us. Marcasur has identified, from the first edition, with that community of values and feelings, and has been an indispensable tool to disseminate and to consolidate them. The history of the magazine is the history of our profession in the last fifteen plus years; it is also the history of organizations and institutions , but especially the history of each of us, not only as professionals but also as people.
People with common interests, certainly with professional ambitions, but also with beautiful bonds of friendship that endure beyond distance and time. Personally, and as I have joined the staff of the magazine very recently, I feel obligated to congratulate its founder and thank the efforts of all those who, over the years , from within or from without, have provided their effort to make Marcasur into the authorized and respected spokesman for professionals dedicated to the intellectual property in Latin America.
About the author. Lawyer, expert in intellectual and industrial property. Teacher and writer. He has published numerous works of law. He was a representative and member of committees in the House of Representatives. During his tenure, he presented numerous projects of law. He was involved for over thirty years with Cikato Abogados, where he was general manager until his dissociation in 2010. Currently, among others activities , he is a columnist for Marcasur E-mail: dlamas@lamasgrimaldi.com.uy .
JULY / SEPTEMBER 2 0 1 3
INTERVIEW TO ROMERO PINEDA & ASOCIADOS
LOOKING AHEAD Founded in 1978 to pursue intellectual property, it grew and diversified its services in a process of institutionalization. Today, with a team of 60 employees and a group of highly qualified lawyers, it has become one of the leader Salvadoran law firms in the legal market, seeking to transcend time and inspired daily by its founder Roberto Romero Pineda. How will the firm celebrate its 35 years? We are excited to celebrate our first 35 years, full of positive energy, with significant and strategic changes in our corporate image, following the leadership of our founder and looking forward.
We have been preparing since 2012 by refreshing our image; we redesigned the website, increased our social media presence and did a pilot on iTunes ™ . We are celebrating our 35 years every day! In July, we will celebrate our staff with a special event commemorating our anniversary and rewarding our outstanding lawyers and collaborators.
What does it mean for you to reach that figure? With this figure, the company reaches a point of maturity and market positioning and re-launches with a new image; it also means the establishment of two active generations at the partner level and a generation of associates who have been getting ahead growing in their careers.
IN THE MEDIUM TERM, WE WILL DO THE FIRST GENERATIONAL RENOVATION AND IN THE LONG TERM, WE WILL CONTINUE STRENGTHENING OUR INSTITUTIONALIZATION PROCESS. www.marcasur.com
What are your main areas of practice? How do you work? Romero Pineda & Asociados provides a full range of legal services to international, regional and local companies, as well as international organizations, semiautonomous organizations and NGOs (nongovernmental organizations). Our legal services are organized into the following divisions: Corporate and International, Banking and Finance, Intellectual Property, Litigation, Notarial and Registrations. Each division has a responsible partner and a manager. We work together between practice areas to offer customers integrated services. How do you differ from your competitors? What added value do you offer your customers? We offer diversity of experience of our legal team, professional and academic preparation, technology (we handle large volumes of cases with specialized software), international service standards and best practices that require the lawyers' international networks to which we belong. We design each case as if we were creating a work of art. We serve our customers not only regionally but globally through lawyers' networks to which we belong. The most famous is Lex Mundi, whose motto summarizes the above: “World ready”: we are ready to serve the world . What goals do you have in the short and long term? In the short term, to further develop the practice of labor law, which this year was formed as a unit within the Corporate Division, with the vision of becoming a specialized practice before becoming a division. In addition, we will continue providing regional legal services and developing relationships with our current customers. Another of our main objectives is to continue promoting the Anti-Piracy Unit, which we strengthened in 2012 within the Litigation Division and has had results beyond the expected . We are also expanding our customer base in Latin America , focusing on Colombia , Chile , Peru and Brazil. In the medium term, we will do the first generational renovation and in the long term, we will continue to strengthen our process of institutionalization.
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WE CONCEIVE EACH CASE LIKE WE ARE CREATING A WORK OF ART .
You offer podcasts in your website. What other communication tools have you developed or plan to develop? We did a pilot project with one of the radio programs in the country with the idea of having the first podcast on legal issues. This is part of our corporate social responsibility, as the podcast is accessible via the Internet; it aims to provide society with basic legal information, free of charge. Our podcast Derecho al aire is available on iTunes™ to the world. Currently, we are evaluating it to decide its future. You do 500 hours per year of social responsibility. How did this idea arise and how it is carried out? As a law firm, we have always thought we should give back to society what we have received from it. So we are strongly involved in supporting various foundations, nonprofit associations, chambers of commerce and cooperation programs of foreign governments through training, consultancy, being part of boards to support their noble causes. Pro bono work has been constantly flowing in our daily work and we accumulate 500 hours per year on average. One project that we are excited about is the incorporation of Voces Vitales to our portfolio pro bono. This organization has stuck in the heart of all women members of the firm, as it is dedicated to empowering, developing skills and supporting female entrepreneurs to succeed in more than 160 countries. As a firm, we are part of the Chapter El Salvador; we support entrepreneurs with legal training and are also corporate partners and sponsors for their events. Recently, we participated in the Second Central American Congress of Entrepreneurs Women “Crece Mujer”, which brought together more than 500 women, where Roxana Romero was part of a discussion on women's networking. More information on our programs can be read at: www.romeropineda.com/rse.php and www.vocesvitales.org.sv.
The firm recently moved to new offices. What was the reason? Has it improved the working method? The change was due to the need to achieve the strategic goal of consolidating operations, as in the World Trade Center we were on three floors and two separate towers. The work methodology has improved a lot, all divisions are in the same place, forming tangible work synergies that get us nearer each day. The firm feels strong, unified and more efficient. The lawyers have better offices, customers have more meeting areas and our staff more comfort. We are located in one of the most exclusive and fastest growing places in the metropolitan area of San Salvador, known as Santa Elena, in the municipality of Antiguo Cuscatlán. What has meant to the appointment of Mr. Roberto Romero Pineda as ASIPI's Court judge for the period 2012-2015? Receiving this appointment was a source of pride for all partners in the firm. Mr. Romero Pineda has an illustrious career locally and internationally and the proof is the trust placed in him by an association as important as ASIPI. Mr. Romero Pineda is very excited about this appointment and, as always, will perform his duties with the responsibility and ethics that characterize him.
THE WORK METHODOLOGY HAS IMPROVED A LOT; ALL DIVISIONS ARE IN THE SAME LOCAL, FORMING PALPABLE WORK SYNERGIES, WHICH BRING US NEARER EACH DAY. THE FIRM FEELS STRONG, UNIFIED AND MORE EFFICIENT.
JULY / SEPTEMBER 2 0 1 3
MARCASUR PRODUCTS
MARCASUR
WORLD COVERING VARIOUS MARKETS, FORMATS AND TECHNOLOGY, MARCASUR IS MUCH MORE THAN A PRINTED MAGAZINE AND COMMUNICATES WITH ITS READERS THROUGH OTHER MEDA AND LANGUAGES: WEBSITE, DIGITAL MAGAZINE AND NEWSLETTERS IN SPANISH, ENGLISH AND EVEN MANDARIN. HERE, WE PRESENT THEM.
marcasur.com
Marcasur Week
Marcasur Digital in Spanish
Marcasur website opened in 1999 and since its inception, it had photos and news sections. Later, it was added events, directory and magazine. It had three major redesigns. The last was in 2011, coinciding with the launch of the new image.
In 2003, Marcasur began communicating with its readers through a periodical digital media. It was in the form of a newsletter, first monthly, then fortnightly and finally —and hence its current name—weekly. Although in the last two years we have added more original content, in its early editions contained only news of the profession provided by readers who, with great generosity, sent it to us. And of course, all the news and articles of our subscribers are still very welcome!
Pioneers in digital format for magazines, in 2006 Marcasur already had its digital edition thus covering a greater number of readers. This also meant more advertising options for our advertisers. We changed several times this service provider and with each new presentation we provide more utilities and applications for users.
Currently, it has over ten thousand unique visitors a month.
Currently we are reaching the edition # 300 of Marcasur Week.
www.marcasur.com
Marcasur digital in English In late 2010, as part of Marcasur growth strategy, we set a new challenge: to expand the market of our readers. After an investigation in which we detected the lack of specific information on the Latin American intellectual property outside of our region, the target market was North America (Canada and USA), Europe and Asia. Having a database platform made ​with great care, more than ten thousand contacts began receiving the digital edition of the magazine, adapted to that market and in English, which that we continue to this day, edition after edition. Thus, our advertisers had an option, through Marcasur, to reach that market in a format complementary to traditional advertising, dynamic and measurable, with links to their pages and emails.
Marcasur on iPad Also in 2010, we started talking about another option: the tablets. Especially the iPad , which has achieved an almost massive market penetration in these regions (especially in the U.S.) and the segment that we target. The tablets also have an ideal format for magazines and a quality on their screens that makes it very attractive to read. As in the case of the digital format, the ads have links to the websites of the firms, but it has the added bonus that you can include animations and other effects to make reading more enjoyable, and advertisements manage to be more attractive than in the common digital format. Moreover, by downloading the application, the editions stay in the iPad, so they can be read many times. www.marcasur.com
JULY / SEPTEMBER 2 0 1 3
It was a major challenge, because in Latin America there was very little experience in developing applications for iPad, a technology that in 2011 was very new. After an extensive search, we found José López , director of the company matic, who tells us about the process: «We started working on the prototype of Marcasur for iPad in late 2011. Marcasur was the first client who requested an application of this type , which was a pleasant surprise. Personally, I had thought that the first commercial project of this type would come from one of our international clients, as generally in Uruguay are always between six months and one year behind the technology, but the call came from a company that was located just two floors up from our office at the time. Initially, like any new process, we were learning and following all the necessary steps so that each new edition hit the Apple Store in the shortest time possible, and luckily, today is a simple and fast process.»
Marcasur International In 2010, we launched a Marcasur international newsletter, which we named Marcasur International. The content: the most relevant Intellectual Property news in Latin America, in English, provided by different Latin
American correspondents. With a careful design and editing, and having as a target audience more than ten thousand contacts in the United States, Europe and Asia, it is published biweekly and we are already in our 60th edition. Along with the Marcasur International newsletter, we launched www.marcasurmi.com, a website aimed at the same market.
Marcasur in mandarín
Aware of the growth that the Asian market has experienced, particularly China, in late 2011 we began working with a product for the Chinese market of intellectual property specialists. Our main obstacle was the language, but we fervently believed that to be more successful in this market, making an approach from the West through the language would make an important difference in communication. We finally got a valuable partner in this task: Gordiano Casas, Spanish lawyer settled years ago in Beijing, who works in the Intellectual Property firm Grandall Law Firm. Gordiano helps us, through his knowledge of Mandarin, English and Spanish languages, as well as his Chinese colleagues, in translating articles from our sponsors that we consider relevant to this market.
Regarding the format, we chose a digital newsletter with an attractive design, in which we present intellectual property news from Latin American countries.
New products This experience has been very satisfactory and successful. With each new delivery of the digital editions, we surpass the previous in opening of emails and reading of the magazine, so we will continue on this path of making Marcasur and Latin American intellectual property known to the world. M
For more information on José López and his services: jose.lopez@ maticwebdesign, www.maticwebdesign.com. www.marcasur.com
IN THESE 50 EDITIONS, MANY FIGURES WHO HAVE PASSED THROUGH OUR PAGES HAVE PROVIDED US THEIR VIEWS AND TESTIMONIES. FIGURES THAT WE WILL ALWAYS REMEMBER, WHO HAVE LEFT THEIR IMPRINT ON EACH PARAGRAPH. WE INVITE YOU TO REMEMBER SOME OF THEIR COMMENTARIES. TO ALL OF THEM, A HUGE THANKS FOR CONTRIBUTING TO OUR CONTENT.
GOING THROUGH
INTERVIEWS
«We can not demand that China immediately achieves what the West has achieved on protection of intellectual property rights over decades of economic growth and development». Gordiano Casas. Ed 43 - October / December 2011
To the question: Is WIPO satisfied with the national offices? Ernesto Rubio answered Marcasur in its 2nd edition in August 2007: Alberto de Elzaburu answered the question: How do you imagine will be the main topics of your profession in 2010? Ed 6 - May 2000. «We would need a crystal ball to imagine the future of the profession in ten years. My impression is that we will manage less and advise more.»
«Much has been achieved, progress has been enormous when compared with 20 years ago».
«AIPPI has an extraordinary academic level and the good thing is that everyone who wants to participate can.» Jorge Otamendi (honorary member of AIPPI) Ed 41 April / June 2011.
Hedwig Lindner to the question: When was your last great day and why? Ed November 2001 / May 2002 «The most recent of them is my appointment as president of AMPPI, especially for being the first female member of the Council and later President.»
The commonlaw is catching on and at the moment the AngloSaxons are leading the global race. Antonio Garrigues wants to catch up to them, wants to play in «major league». When they all tell him «Antonio, do not complicate things», he simply responds «I love it». Antonio Garrigues talking about the merger of his alliance with the Argentine firm Bruchou, Fernández Madero, Lombardi & Mitrani. Ed 15 - May /August 2004.
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He recognizes the responsibility that his post entails and specifically clarifies that «I must emphasize that the Executive Committee members play a very important role of support to the presidency, since the task of carrying out the destiny of the association can not be in charge of just one person.» Hugo Berkemeyer (referring to ASIPI). Ed 15 - May /August 2004.
«Excellence in service, speed of production or service delivery and trust among people who work in the firm.» Héctor Mairal reply to the question: what do you consider are the three essential characteristics for a law firm to obtain success at international level? Ed 20 - January / March 2006.
«Everyone has their own Andes Mountain Range at some point in life, don't they? We must learn that there is life after the tragedy, life after the pain.» Nando Parrado - Survivor of the tragedy of the Andes. Ed 22
«In my opinion, (the three things a firm must have in order to grow) are depth knowledge of the subject, ethics and love for the profession.» Peter Dirk Siemsen. Ed 35 - October / December 2009.
«Sometimes, a silence is perceived in Latin America and, therefore, their interests may not be sufficiently considered when international decisions are taken.» Felipe Claro on the relationship between Latin America and AIPPI. Ed 49 - April / June 2013.
«I think the best thing about USA is that it is a true meritocracy. All that matters is what you know and can contribute. It is rewarding and a great motivation to work with these rules.» Gonzalo Barbosa (Red Bull). Ed 49 - April / June 2013.
«In my area of expertise, the main problems arise from the lack of speed of the bodies responsible for the registration of trademarks and dispute resolution in some regions.» Laura Sansalvador answers: What common problems are facing today's corporate lawyers? Ed 44 - January / March 2012. www.marcasur.com
JULY / SEPTEMBER 2 0 1 3
«The first problem we face with falsification today is Internet, the place of choice for counterfeiters since more than ten years.» Michel Lacoste. Ed 47 - October / December 2012
«The success and major achievements made so far by the Association have been based on coordination, commitment and collective effort of all delegates and committees.» Martín Michaus referring to the presidency of ASIPI Ed 24 - January / March 2007. «No. Each year, the number of law graduates increases, and many of them are dedicated to Intellectual Property. They all come with the idea of keeping the profile of the profession.» Tinoco Soares responded to the question: Do you think the profession will change in the coming years? Ed 26 - July / September 2007. «We are just beginning to know the transforming potential of the digital revolution... it is very difficult to draw a limit.» Henry Horbaczewski (LexisNexis) on the new digital landscape. Ed 29 - April / June 2008.
«Formerly a company was considered strong when it had material properties. Today is considered strong to the extent that it has intellectual property, accordingly, intellectual property has become more important and the profession of lawyers or agents more valued. That was a real revolution!»
«I would like us to have greater financial and human resources to undertake and develop many other projects of vital importance to the world in which we live.» Fernando Peláez-Pier (President of the International Bar Association IBA). Ed 34 - July / September 2009.
«Having created the Arbitration and Mediation Center and watch it grow so fast, has been an achievement with which I am immensely satisfied and which I am proud to share with those who work and have worked in the Centre.» Francis Gurry (WIPO Director) Ed 31 - October / December 2008.
«Dealing with lawyers is very difficult because lawyers are prima donnas. I think there is only one way to keep them together, which is to have an incentive for them to stay, and this has to be economical and of interest in the things that the firm does.» Ronaldo Camargo Veirano (Founding member of Veirano Advogados Asociados). Ed 33 - April / June 2009.
Juliana Viegas (President of ABPI) Ed 30 - July / September 2008. «The Internet will be a great challenge for the next twenty years. The next big challenge is to enforce and protect trademarks online». Richard Heath (President of INTA). Ed 34 - July / September 2009. www.marcasur.com
«To those that are starting in the profession, I would advise to take their performance very seriously, try to constantly update their knowledge and curiosity for new aspects in human creativity, which will surely fall within the branch of law we are so passionate about.» «As a professional, I have always kept good causes and novel viewpoints that broadened the legal spectrum in Venezuela.»
Björn Vadillo (Former President of ASIPI) Ed 36 - January / March 2010.
René de Sola. Ed 36 - January / March 2010.
«I want to make clear that receiving the appointment was one of the greatest satisfactions I have had in my life. I never expected it and is something that touches everyone's hearts.» «We are honored to receive this distinction and one should be very proud to be on a list of such prestigious people in IP.» Francisco Espinosa Bellido and Allan Pilson talking about their distinction as ASIPI honorary members. Ed.38 - July / September 2010.
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«I perceive it as very attractive as a person but complicated as a lawyer. Today we live in a different world and most significant changes are coming daily in the way to access and interact with entertainment.» Gerardo Muñoz de Cote (Grupo Televisa) on the question: How do you see the future of the entertainment? Ed 46 July / September 2012. M
JULY / SEPTEMBER 2 0 1 3
HISTORY OF A TRADEMARK // MAGAZINE FOUNDED IN 1996 BY JUAN PITTALUGA
EXTRA,EXTRA!
It all started when Juan Pittaluga retired from the ASIPI executive committee. After ten years of intensive work, with the free time left from the hours dedicated to the Association, he was set on creating a magazine that expanded his creativity and his idea of ​the style of the Latin American professional worldwide. Quite rightly, he had observed that the Latin American intellectual property lacked a media that would unite all the firms and professionals. With the suspicion that the magazine would arrive to the offices and no one would read it, Juan knew that he had to avoid any technical information; he would bring interviews, reports, notes, photos, event coverage, with a relaxed editorial line and out office. Thus, the goal was for the reader to give it five minutes of attention, to feel identified. And this had to be done with an easy and enjoyable language. The right decision at the right time. In August 1996, the first edition of Marcasur was printed. The name publication merged the word Marca, the topic of the magazine, and Sur, South America and Mercosur. It was just a black and white page containing news of the moment and was delivered free of charge to Latin American firms specializing in Intellectual Property.
ITS CREATORS AIMED FROM THE START TO CONSIDER THE LATIN AMERICAN PROFESSIONAL AS PROTAGONISTS. AND SINCE 1996, THE LATIN AMERICAN PROFESSIONAL HAS A TRADEMARK THAT ACCOMPANIES HIM.
After this first publication, the demand was immediate and in the following publications, the professionals began to subscribe. Looking for the best of each idea the innovative of every moment, Marcasur has been updated and has shown that a simple magazine can reach all the protagonists of the profession. The rest is history. Today it celebrates its fifty editions and continues reaching its readers to make it their own. It has more than 5,000 readers and it is available in three languages: Spanish, English and Mandarin. It is on the Internet, on iPad format and on the major social networks. M
www.marcasur.com
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