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Global Report: Latin America INTA-ASIPI Project Team Publishes Latin America Global Advisory Council Trademarks in Latin America A Spanish version of the first study undertaken by INTA and Asociación Interamericana de la Propiedad Intelectual (ASIPI) was published on December 15, 2016, and is available here. INTA and ASIPI collaborated on the study to determine the impact of trademark-intensive industries on the economies of Chile, Colombia, Mexico, Panama, and Peru. The study was first announced during a series of launch events taking place in all five countries included in the study. The Project Team assembled to develop the study included Sergio Barragan (Mexico), Juan Berton Moreno (Argentina), Marissa Lasso de la Vega (Panama), Ramón Benedetti (Panama), Gregg Marrazzo (USA), Mónica Wolf de Camhi (Colombia), Jaime Durand (Peru), Francisco Silva (Chile), Justin Young (USA), and Luis Alejandro Henríquez (Venezuela). The Project Team and ISC worked together when appropriate. The ISC gratefully ackowledged the Project Team for sharing their experiences and best practices, which have helped shape the processes for future studies. Overall, the results of the study are positive. Across the five countries, trademark-intensive industries generated 8 to 26 percent of total employment; and 10 to 21 percent of GDP. This is equivalent to 18.5 million jobs and a value added per person of US $2,390 annually. These results underscore the huge potential for economic growth that can be unlocked by promoting trademarks within the business Trademarks in Latin America A study of their economic impact in five countries in the region (Chile, Colombia, Mexico, Panama, and Peru) communities, and by further developing national trademark systems and trademark-intensive industries. The study is intended to be used as a basis for raising awareness of trademarks and their value to a country’s economy, and to support policymakers in developing related legislation. The English version will be published in the coming weeks. Additional studies in the pipeline include studies on the economic and social impact of counterfeiting and piracy and an ASEAN economic impact study. Latin America Global Advisory Council Co-Chairs Gustavo Giay, Marval, O’Farrell & Mairal, Argentina Vianey Romo de Vivar, Romo de Vivar IP Services, S.C., Mexico Council Members Sergio Barragan, PepsiCo, Inc., Mexico Jacobo Cohen Imach, MercadoLibre.com, Argentina Agustina Fernandez Giambruno, Fernandez Secco & Asociados, Uruguay Luis Alonso Garcia, Estudio Echecopar (Baker & McKenzie International), Peru Elisabeth Kasznar Fekete, Kasznar Leonardos Intellectual Property, Brazil Rodrigo Marre, Mackenna, Irarrazaval, Cuchacovich & Paz, Chile Hugo Moran R., Icaza, Gonzalez-Ruiz & Aleman, Panama Gerardo Munoz de Cote, Televisa, S.A. de C.V./Mountrigi Management Group Ltd., Mexico Urko Ochoa, Minino, Dominican Republic Graciela Perez de Inzaurraga, Hausheer Belgrano & Fernandez, Argentina Monica Wolf de Camhi, Wolf Mendez Abogados Asociados, Colombia Staff Liaison Gabrielle Doyle, Associate, External Relations, Latin America gdoyle@inta.org Association Activities INTA Delegation Travels to Buenos Aires for ASIPI Event, Government Meetings From December 4–7, 2016, INTA President Ronald Van Tuijl (JT International, SA, Switzerland) and External Relations Senior Associate for Latin America, Gabrielle Doyle, attended the XIX Work Sessions and Administrative Council of the Inter-American Intellectual Property Association (ASIPI), held in Buenos Aires, Argentina. Mr. Van Tuijl and Ms. Doyle took the opportunity to meet with government officials, local associations, and members from the region to discuss collaboration projects and current events in Latin America and the Caribbean. The INTA delegation, which included Latin American and Caribbean members as well as INTA representatives, met with a variety of IP offices from the region. On December 5, the delegation met with Ray Meloni, Director of the Distinctive Signs Division of Peru’s Commission of the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) to discuss IP office updates in Peru and the dissemination of the Latin America Impact Study. The INTA delegation also met with Damaso Pardo, President of the Argentina National Institute of Industrial Property (INPI); Carlos Gallo, the Director of Trademarks; Matias Schweizer, INPI official; and Mercedes Cullen, International Relations Coordinator at 2016 INTA President Ronald van Tuijl presents the INTA- ASIPI Latin America Impact Study during ASIPI’s XIX Work Sessions and Administrative Council. INPI. This was INTA’s first official one-on-one meeting with Dr. Pardo and his team. The discussion included collaboration events for 22 INTA Global Report, February 2017
Global Report: Latin America 2017 and INPI’s modernization plans for the next three years. On December 6, 2016, INTA held a meeting with Eliseo Montiel Cuevas, Director of Trademarks at the Mexican Institute of Industrial Property (IMPI), in which they touched on the success of the 4th Annual Training Seminar that took place in October 2016, and discussed plans for the 2017 event. Later that day, the National Institute of Industrial Property Chile (INAPI) gave a presentation to the INTA delegation on the vast updates the Office made in 2016 and their online portal titled “INAPI Proyecto.” INTA ended the day with a meeting with President of the Andean Community Tribunal of Justice, Justice Hugo Gomez Apac. The INTA delegation learned of the Tribunal’s modernization efforts and commended the Tribunal’s various initiatives to advance processes. Finally, the delegation met with the USPTO IP Attaché for Mercosur, Laura Hammel, and Maria Beatriz Dellore, Regional Legal Advisor for Intellectual Property, and talked about the USPTO’s view of the region in terms of challenges and opportunities for cooperation. INTA looks forward to working together on joint events in 2017. During the ASIPI Congress, INTA also had the opportunity to meet with the presidents of the national IP associations of Argentina and Brazil, Carolina Fernandez of the Argentina Association of Intellectual Property Agents (AAAPI), and Maria Carmen de Souza Brito of the Brazilian Intellectual Property Association (ABPI), respectively. Each president presented on the status of IP in her respective country and the possibility for joint collaboration projects with INTA. INTA ended the ASIPI Congress with a high-level presentation of the just-released Latin America Impact Study. The study was officially announced, and released to the public, during a series of launch events that took place in the five countries included in the study, namely, Chile, Colombia, Mexico, Panama, and Peru. Each event was organized in collaboration with ASIPI and each country’s respective IP office and included a press conference and roundtable meeting with government officials. The Spanish version of the study is available here. The English version will be published in the coming weeks. At the ASIPI Work Sessions presentation, Mr. van Tuijl, ASIPI President Maria del Pilar Troncoso, and ASIPI/INTA Impact Study Project Team Co-Chair Juan Berton Moreno (Berton Moreno INAPI Director Maximiliano Santa Cruz, President of the National Chamber of Commerce Ricardo Mewes, INTA CEO Etienne Sanz de Acedo, and ASIPI Vice President Rafael Covarrubias at the Impact Study Launch Event in Santiago, Chile. & Asociados, Argentina), provided attendees with an overview of the study, including the reason for its development, methodology, the value of the results, and next steps. Attendees at the panel included IP office representatives, corporations, and local members. For more information on the Latin America Trademark Impact Study or INTA’s initiatives in Latin America, please contact Gabrielle Doyle at gdoyle@inta.org. INTA Organizes Fourth Annual IMPI/INTA Training Seminar in Mexico City From October 26–27, 2016, INTA and the Mexican Institute of Industrial Property (IMPI) hosted their fourth Annual Training Seminar at the IMPI Offices in Mexico City, Mexico. The annual Seminar unites INTA’s Trademark Office Practice Committee’s Latin America Subcommittee and the Government Officials Training Committee, which together organize the event. The two-day seminar included both industry and trademark examination-focused presentations for the examiners at IMPI, featuring experts from around the world. Opening remarks were delivered by Eliseo Montiel Cuevas, Director of Trademarks at IMPI, and Gabrielle Doyle, INTA External Relations Senior Associate for Latin America. Trademarks and Certification Marks The session on October 26, 2016, highlighted trademark-specific issues in the area of certification marks, as presented by Paul Brown (UL, USA), and Rodolfo Consuegra (ANCE, A.C., Mexico), and was moderated by the Government Official Training Committee IMPI Subcommittee Chair Britt Anderson (K&L Gates, LLP, USA). Following these informative presentations Paul Brown (UL, USA), speaks to participants about the certifications marks industry. From left to right: Todd Reves (USPTO, USA), Rodolfo Consuegra (ANCE (Mexico), Vianey Romo de Vivar (ROMO DE VIVAR V.IP SERVICES, S.C., Mexico), and Paul Brown. was a Q&A session moderated by Government Officials Training Committee Chair Vianey Romo de Vivar (Romo de Vivar V.IP Services, Mexico) and the USPTO IP Attaché for Mexico, Central America, and the Caribbean, Todd Reves. Trademark Examination after TPP and Mexican Opposition System The second day of the seminar focused on trademark examination issues, particularly best practices for examiners with respect to nontraditional marks and opposition procedures. The presentation topics were selected based on the new and pending updates to the trademark examination guidelines following the requirements in the Trans-Pacific Partnership (TPP) Agreement. The presentation on non-traditional marks, by Victor M. Adames (Becerril, Coca & Becerril, S.C., Mexico), member of the INTA Trademark Office Practices Latin America Subcommittee and Catalina Lozada Brown (Arochi & Lindner, Mexico), member of the INTA Non-Traditional Marks Latin America Subcommittee, focused primarily on sound marks. The Opposition Procedures presentation by Alvaro Huerta (Malpica, Iturbe, Buj y Paredes, S.C, Mexico) and Alfredo Pineda (Hogan Lovells, Mexico), members of the INTA Enforcement Committee Oppositions and Cancellations Subcommittee, covered best practices for examiners following the implementation of the trademark opposition system in Mexico in January 2016. For more information on INTA’s activities in Latin America, please contact Ms. Doyle at gdoyle@inta.org. 23
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