ip protection in biotechnology and nanotechnology...bio nanotechnology and nanotechnology, among...

8
www.latinamerica-ipr-helpdesk.eu Co-funded by: European Union IP Protection in Biotechnology and Nanotechnology Biotechnology and nanotechnology are no longer a science-fiction matter. The implementation of these technologies in everyday-use goods results in more appealing, useful or handy products, such as seedless fruits, lightweight electronic devices, new flavours for beverages and food or more effective whitening toothpastes. Take a look at Biotech SMEs Awards. This website shares the success stories of EU SMEs whose efforts in biotech resulted in a profitable business. BIOTECH SMEs’ SUCCESSFUL STORIES According to Science, technology and innovation in the digital economy report (CEPAL), genomics and proteomics, biological engineering, medical diagnostic, bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America in 2018. TRIADIC PATENTS 2006-2011 Triadic Patents (see Glossary), whose origin is Argentina, Brazil, Chile and Mexico, per bio and nanotech related sector Pharmaceutical technology Information and communication technologies (ICT) Medical technologies 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 11% 14% 18% Source: CEPAL report Both bio and nanotechnology converge or even combine in a number of fields: Medicine -red biotechnology and nanomedicine-, has experienced the development of new treatments, diagnostic devices and better drugs such as insulin, the first biopharmaceutical product to be approved for use. 3 4 Introduction Intellectual Property Protection in Biotechnology and Nanotechnology A. IP Framework B. Patents - Patents in Biotech and Nanotech: What do you need to know? - Genetic Resources and Traditional Knowledge based Patents - Term of protection C. Utility Models D. Plant Variety Rights E. Trade Secrets Glossary Links of interest and additional information 1 2 1. Introduction

Upload: others

Post on 13-Aug-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

www.latinamerica-ipr-helpdesk.eu

Co-funded by:

European Union

IP Protection in Biotechnology and Nanotechnology

Biotechnology and nanotechnology are no longer a science-fiction matter. The implementation of these technologies in everyday-use goods results in more appealing, useful or handy products, such as seedless fruits, lightweight electronic devices, new flavours for beverages and food or more effective whitening toothpastes.

Take a look at Biotech SMEs Awards. This website shares the success stories of EU SMEs whose efforts in biotech resulted in a profitable business.

BIOTECH SMEs’ SUCCESSFUL STORIES

According to Science, technology and innovation in the digital economy report (CEPAL), genomics and proteomics, biological engineering, medical diagnostic, bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America in 2018.

TRIADIC PATENTS 2006-2011

Triadic Patents (see Glossary), whose origin is Argentina, Brazil, Chile and Mexico, per bio and nanotech related sector

Pharmaceutical technology

Information and communication

technologies (ICT)

Medical technologies

10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

11%

14%

18%

Source: CEPAL report

Both bio and nanotechnology converge or even combine in a number of fields:

• Medicine -red biotechnology and nanomedicine-, has experienced the development of new treatments, diagnostic devices and better drugs such as insulin, the first biopharmaceutical product to be approved for use.

3

4

Introduction

Intellectual Property Protection in Biotechnology and Nanotechnology

A. IP Framework B. Patents

- Patents in Biotech and Nanotech: What do you need to know?

- Genetic Resources and Traditional Knowledge based Patents

- Term of protectionC. Utility ModelsD. Plant Variety RightsE. Trade Secrets

Glossary

Links of interest and additional information

1

2

1. Introduction

Page 2: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

IPR SUBJECT MATTER and EXAMPLES

Patents

New, Inventive and Industrially applicable inventions.

Examples: Vaccines, cell lines, seeds, viruses, enzymes, transgenic organisms, medical devices, nanoparticles carrying DNA or RNA, nano fibers, nano-robots, nano-encapsulated flavour enhancers.

Utility Models

Minor inventions such as adaptations or improvements of existing products.

Examples : Biomedical instrumentation, agricultural tools.

Industrial Design

New shape or appearance of a product but not its functional aspects.

Examples : Med i ca l and ag r i cu l tu re nanotech-related devices.

Trademark

Any sign or combination of signs, able to distinguish the goods or services of a company from those of others.

Examples : Name/words –fo r f ru i t s , vegetables, drugs…-, 3D shapes, clothes’ smell.

Copyright

Literary, musical and artistic works, sounds recordings, software, data-bases, etc.

Examples: Scientific articles, biological databases software, labelling, technical manuals.

Trade secret

Valuable business information and it is not known to the public.

Examples: Processes, laboratory notebooks, clinical trial data, clients’ list, marketing strategies.

Plant Variety Rights (PVR)

Plant varieties, propagating and harvesting material from plant varieties.

Examples: Plant varieties, propagating – seeds, cuttings and bulbs- and harvesting material – cut flowers or fruits- from plant varieties.

In most cases, the results generated by the research activity carried out in biotechnology and nanotechnology would be directly protected by Patents, Utility Models and Plant Varieties Rights.

However, Industrial Design, Trademarks or Copyright can provide indirect protection in the biotechnology and nanotechnology fields, since these rights can be applied to the product that incorporates those technologies. For example, a new medical device based

IP PRoTECTIoN IN BIoTECHNoLoGy AND NANoTECHNoLoGy1

• Agriculture –agr iculture nanotechnology and green biotechnology-, has benefited, for example, from new plant breeding with better characteristics, or sensors and diagnostic devices to monitor environmental or growing conditions.

• Industrial processes or products -industrial or white biotechnology and nanotechnology-, which through the use of microorganisms and enzymes (in biotechnology) or a nanocomposite coating process (nanotechnology) has improved the production of consumer goods; this is the case, for instance, of products including nanoparticles that result in easy-to-clean or scratch-resistant products.

BIOTECH CROPS

Brazil and Argentina are, after the United States, the largest producers of biotechnology crops in the world. In 2015, Brazil biotech crops reached 44.2 million hectares with soybean, corn and cotton as the main genetically modified (GM) products, while Argentina´s crops, focussing on the same products, reached 24.5 million hectares.

Moreover, in the same year, other Latin American countries such as Paraguay, Uruguay, Bolivia, Mexico, Colombia, Chile and Costa Rica planted at least 50,000 hectares of biotech-based crops.

Source: ISAAA, 2015.

2. I n t e l l e c tua l P rope r t y P ro te c t i on i n Biotechnology and Nanotechnology

New plant varieties with higher yields (processes that generate less pollution during their manufacture or with nanoparticles that reduce toxicity and side effects of drugs) are just examples of inventions derived from biotechnology and nanotechnology research. The development of new technologies on these areas usually implies considerable investments. This is the reason why free copying thereof may discourage innovative undertakings from being carried out.

In this context, Intellectual Property Rights (IPRs) come into play as legal mechanisms which aim to incentivize the creation of new technical outcomes by allowing IPR holders to exclude third parties from using their inventions and creations, as well as maximizing their value thanks to proper protection and management.

The following table provides an overview of the different IPRs with some practical examples of how can they be used to protect biotechnology and nanotechnology developments and related products:

Page 3: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

IP PRoTECTIoN IN BIoTECHNoLoGy AND NANoTECHNoLoGy 2

on nanotechnology can be patented through either a Patent or a Design; in this case, the Patent would protect the nanomaterial incorporated in the product or the nanotechnology-related process for its creation, while the Design protection will cover the appearance of the product.

In consequence, companies should evaluate different means of IP protection in order to build a strong, diversified IP portfolio that maximizes their level of protection and economic return.

Governmental Innovation policies in Chile, such as taxation discounts (Law N° 20.241 and the latest Law N° 20.570) and specialized funds for supporting innovative projects have encouraged patent registrations in Chile, allowing the country to take the lead in the Region on Patent applications per million inhabitants (187 during the period 2009-2013).

Source: UNESCo 2015

CHILE’S R&D INCENTIVE POLICIES

A. IP Framework

The Latin American IP legal framework with an impact on biotechnology and nanotechnology comprises:

• International regulations: consisting of different international treaties and conventions, namely:

- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which is administered by the World Trade organization (WTo).

- Paris Convention for the Protection of Industrial Property (CUP)

- International Convention for the Protection of New Varieties of Plants (UPoV)

- International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

- Convention on Biological Diversity (CBD) - Nagoya Protocol on Access to Genetic Resources and the

Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol)

- Patent Cooperation Treaty (PCT) - WIPo Copyright Treaty (WCT)

• Trade blocs’ regulations: regional associations also cooperate on IP, as for instance the Andean Community of Nations’ (CAN) -which establishes a common IP system through Decision 486, Decision 391, Decision 351- or the Southern Common Market (MERCoSUR) -which encourages the harmonization of IP laws among its members through the Decision 8/95 and Decision 16/98-.

− The Andean Community Nation is composed by Peru, Colombia, Bolivia and Ecuador. you can find further information at www.comunidadandina.org.

− MERCoSUR is at the moment composed of four full members: Argentina, Brazil, Paraguay and Uruguay. For more information, visit www.mercosur.int.

• Bilateral/ Free Trade Agreements with the European Union: These type of agreements –e.g. Colombia and Peru Trade Agreement, which Ecuador has recently joined, or the Free Trade Agreement signed with Chile- strengthen the protection of IPRs beyond TRIPS standards. In addition, on May 2016, the EU and Mexico launched the negotiations to modernize the Global Agreement, whose IP chapter is now being reviewed. (Source: European Commission)

• National regulations: each country has its own IP laws and regulation. Most of them can be checked at WIPo Lex.

B. Patents

A Patent is a set of exclusive rights granted by the state for a limited period of time over an invention, which could be a product, a use (not accepted in all Latin American countries) or a process. Patents are territorial rights; therefore, it is necessary to apply for registration on a country-by-country basis.

Together with Plant Variety protection, Patents are one of the most relevant IPRs to ensure adequate protection of inventions in biotechnology and nanotechnology. However, due to the novelty, ethical implications involved and multidisciplinary character of these emerging scientific fields, Patent regulation and prosecution practice significantly differ from country to country.

Patents in Biotech and Nanotech: What do you need to know?

In general, a Patent will be granted, provided that the claimed invention meets three requirements.

a. Novelty: Inventions are considered new if they are not included within the state of the art (see Glossary).

Many Latin American countries establish a 12 months grace period by law. This means that certain disclosures of the invention will not be taken into account when evaluating the novelty and inventiveness of your application. Should you need further information on grace period and its requirements please contact our free, fast and confidential helpline.

b. Inventive step: An invention shall be regarded as involving an inventive step when it is not obviously derived from the state of the art for a person skilled in the field.

c. Industrial applicability: An invention shall be regarded as industrially applicable when its subject matter may be produced or used in any type of industry. Industry is usually broadly understood - any productive activity, including services.

Biotechnology patent applications may have addit ional requirements, such as the deposit of biological material, or the submission of supplementary documentation.

Page 4: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

Although nanotech-based inventions can be patented, the patentability of some of them might depend on the criteria adopted by each National Patent office. In particular, nanotechnology inventions might be rejected on the following grounds:

- Lack of novelty: In the event of an invention, which is a nano-scale version of an already existing product, does not solve any additional technical problem.

- Lack of inventive step: If how to do a mere change of scale of an already existing product results obvious for those who are skilled in the art.

NOVELTY AND INVENTIVENESS

Moreover, applicants shall also verify that the subject matter of the invention is eligible for protection in each country. Please bear in mind that many Latin American countries do not consider as patent subject matter and/or establish certain limitations as regards:

• Naturalbiologicalmaterials• Inventionswhosecommercialexploitationwouldbedetrimental

to human, animal life or health, plant preservation or the environment

• Plants,animalsandessentiallybiologicalprocesses for theproduction of plants or animals, other than non-biological and microbiological processes

• Surgical, therapeuticanddiagnosticmethods for treatinghumans or animals

• Newusesofpatentedproductsandprocesses

Chile, Brazil and Mexico are the only countries in the Region that grant second-use Patents, subject to general patentability requirements compliance.

SECOND-USE PATENTS!

For further information regarding countries’ exclusions, please consult the WIPo exclusions catalogue (Updated by october 2016). In addition, if you want to know more about how to protect your invention in Latin America, read our “Country Factsheets” on Argentina, Bolivia, Brazil Colombia, Costa Rica, Dominican Republic, Ecuador, Mexico, Paraguay, Uruguay, Peru, and Venezuela or contact our free of charge Helpline.

ISOLATED BIOLOGICAL MATERIAL

Isolation of biological material patent protection is explicitly excluded in CAN countries, Brazil, Mexico, Ecuador, Dominican Republic, Venezuela or Chile. Argentina excludes its protection via its national Patent examination guide. Peru, on the other hand, has included isolated biological material within the scope of protection after the signature of the Free Trade Agreement with the United States.

If you aim to file your Patent in various countries, you may be interested in using the Patent Cooperation Treaty (PCT). The PCT is an international Patent filing system that allows the applicant to seek registration simultaneously in every country member (up to now 152) with a single application.

Some of the advantages are that it reduces costs and simplifies the application process, although the final stage of the registration process should be managed at country basis. Important is to mention that Argentina, Bolivia, Paraguay, Uruguay and Venezuela are not members of the PCT agreement.

Genetic Resources and Traditional Knowledge based Patents

In line with the international obligations acquired under CBD and the Nagoya Protocol, many countries and regions from Latin America, rich in biological and cultural diversity, have established provisions on access and benefit-sharing (ABS) for genetic resources and traditional knowledge associated.

Although the requirements vary from country to country, a prior authorization to access national genetic resources and associated traditional knowledge is mandatory in almost all cases. The request for access generally implies the negotiation of an access contract and the obligation of sharing the benefits with the state or/and local communities concerned (this may depend on the type of applicant and whether access is granted for commercial or non-commercial purpose).

These provisions must be taken into account when your Patent application claims an invention consisting of a product or a process obtained or developed from genetic resources or products derived therefrom, as well as from traditional knowledge of the indigenous or local communities.

If the documents certifying the required access are not submitted to the corresponding Patent office, the application might be rejected or, if granted, revoked. Bear in mind that countries such as Cuba apply similar provisions to applications for Plant Varieties Rights.

3 IP PRoTECTIoN IN BIoTECHNoLoGy AND NANoTECHNoLoGy

Page 5: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

However, only in Chile this extension covers all kind of patented inventions, while the rest of the countries do not extend such benefits to pharma patents:

Inventions which may be subject to supplementary Patent protection

Chile Any kind

Colombia Any kind, except pharmaceutical products

Panama Any kind, except pharmaceutical products and processes

Peru Any kind, except pharmaceutical products and processes

4

Term of protection

Generally speaking, Latin American countries confer Patent protection for 20 years counted from the filing date; after that, the invention becomes part of the state of the art, which means that it is available for use or exploitation without the need for authorization.

In some countries, such as Chile, Colombia, Panama and Peru, the applicant may request an extension of its Patent protection, when the Patent office has unreasonably delayed the grant of the Patent for more than five years from the date of filing of the application, or three years after the request for examination of the application has been made, whichever is later.

IP PRoTECTIoN IN BIoTECHNoLoGy AND NANoTECHNoLoGy

Where to apply for access?

Bolivia Ministry of Sustainable Development and the Environment, through the National Secretariat of Natural Resources and the Environment

Colombia Department of Forests, Biodiversity and Ecosystem ServicesEcuador Ministry of Environment

Peru

Depending on the kind of genetic resource or derivative product:

- National Institute of Agricultural Innovation (INIA), for continental cultivated or domestic species.

- National Forest and Wildlife Service (SERFoR), for species from the forest and wildlife heritage.

- Vice Ministry of Fisheries and Aquaculture of the Ministry of Production, for marine hidrobiological species and from inland waters.

Brazil

Until the National System for Genetic Heritage and Associated Traditional Knowledge Management (SisGen) is ready for use, the national authorities, depending on the activity to be carried out, are:

- Council for the Management of Genetic Heritage (CGEN), for scientific research, bioprospecting and technological development without associated traditional knowledge (TK)

- Institute for the Environment and Renewable Natural Resources (IBAMA), for scientific research without associated traditional knowledge

- National Historic and Artistic Heritage Institute (IPHAN), for projects with associated traditional knowledge but without genetic resources

- National Counsel For Scientific and Technological Development (CNPq), for scientific research, bioprospecting and technological development without associated traditional knowledge

Cuba Ministry of Science, Technology and EnvironmentCosta Rica Technical office of National Commission for Biodiversity Management (CoNAGEBIo)

MexicoSecretariat of Environment and Natural Resources (SEMARNAT)**For biotechnology purposes, prior consent of the landlord where the resource is sought must be obtained

Nicaragua Ministry of Environment and Natural Resources (MARENA)Panama National Environment Authority, through The Unit for Access to Genetic Resources (UNARGEN)Venezuela Ministry of popular power for ecosocialism and water (MINEA)

SMEs performing R&D activities on genetic resources in the European Union, must comply with Regulation (EU) No 511/2014 from october 2015; this entails the obligation to carry out due diligences and/or declarations of compliance when such R&D activities are based on genetic resources from any country that has ratified the Nagoya Protocol. Up to now, the Latin American countries that have ratified said Protocol are: Argentina, Dominican Republic, Guatemala, Honduras, Mexico, Panama, Peru and Uruguay.

Despite not all the above mentioned countries having implemented the Nagoya Protocol´s national compliance measures, the Protocol and other legislative measures establishing access and benefit-sharing requirements – if it is the case- are of application.

As a consequence, if your company -e.g.- needs access to Mexican biological resources, the Ecological and Environmental Protection General Act may be applicable. Thus, you should request access to the Secretariat of Environment and Natural Resources (SEMARNAT).

EU REGULATION ON COMPLIANCE WITH NAGOYA PROTOCOL

Page 6: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

Furthermore, Chile also grants supplementary protection for Patents which claim pharmaceutical products, where there is a curtailment of the effective Patent term as a result of an unreasonable delay of the marketing approval process of such product (provided that this process takes more than one year from the filing date of the application).

C. Utility Models

This IPR is a sort of ‘minor Patent’. Utility Models (UM) consist of a functional improvement introduced on already existing products. Although they usually have to comply with the same requirements as Patents, UM applications are commonly not examined as thoroughly as Patents and the requirements are usually lower, especially as to the inventiveness requirement.

The term of protection is shorter than for Patents –usually, 10 years without extension-. Moreover, in comparison with Patents, the registration process is simpler, faster and cheaper.

However, this type of protection is only available in certain countries (e.g. CAN and MERCoSUR countries) and it cannot be used to protect processes. It could be used to protect “minor” inventions, which involve the employment of nanotech-related materials, instead of a known traditional material.

D. Plant Variety Rights

Plant Variety Rights (PVR) is a special regime that grants a new plant variety (PV) breeder the exclusive right of exploitation over such development. The breeder of a protected PV may prevent others from exploiting (reproducing, selling, exporting, importing, etc.) the same plant variety; it also prevents the exploitation of other PV not clearly distinguishable from the protected one, whose production requires the repeated use of the protected variety.

New plant varieties with unique characteristics, such as better nutritional properties or greater resistance to herbicides, may be subject to PVR protection. In order to develop new varieties, many different techniques can be applied, from traditional crossbreeding (e.g. the apple variety called Honeycrisp), polyploidy (e.g. seedless melon) to genetic engineering techniques (obtaining in this case genetic modified organisms –oMG-). In principle, such protection is granted for a period of not less than 15 years from the date of grant or, in the case of trees and vines, for not less than 18 years. Should you have any specific query related to terms of protection in Latin American countries, we encourage you to contact our Helpline.

Although national protection differs from one country to another, in general terms, the new discovered or developed plant should comply with the following requirements in order to be protected:

• Novelty: the PV must be new, meaning that neither the PV nor its propagating or harvested material have not been offered, sold or otherwise disposed in other ways for a given period prior to the application.

• Distinctiveness: it must be clearly distinguishable from any other variety already known at the time of filing the application.

• Uniformity: its main features must remain unchanged after repeated propagation - unless such variation should be expected.

5

• Stabi l i ty : the var iety should mainta in i ts re levant characteristics unaltered after repeated propagation or at the end of a given cycle of propagation.

• Denomination: the PV must be identified by denomination, which is proposed by the applicant. The proposed name will be accepted provided that it fulfils certain requirements; namely to identify the PV concerned and to differ from other PV’s name.

Substantive rules on Plant Variety Rights in Latin America are predominantly harmonized because, with the exception of El Salvador, Guatemala, Cuba, Venezuela and Honduras, the other countries are members of the International Union for the Protection of New Varieties of Plants (UPoV). However, UPoV Convention has different versions and not all of Latin American countries are members of the latest one; as a matter of fact, Costa Rica, Panama, Peru and Dominican Republic are the only members of the 1991 Act, while the others are members of the 1978 Act.

For more information about this type of protection, do not miss the Factsheet titled “IP in the Agri-food sector (II): Plant Varieties” that will be released soon.

APPLICATIONS

The ten Latin American countries, which joined UPoV between 1993 and 2000 (Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Mexico, Panama, Paraguay and Uruguay) received a considerably high demand for variety protection (mainly, applications by non-residents). A high proportion of these applications seems to be related to ornamental varieties.

Source: UPoV 2005

E. Trade secrets

All Latin American countries are members of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This agreement, signed by all the members of the World Trade organization (WTo), is up to now the most comprehensive multilateral agreement on Intellectual Property.

After its entry into force in 1995, the countries of this region enacted legal provisions protecting Trade Secrets through their national unfair competition regulations.

The starting point and guide for those provisions are the following three conditions established by TRIPS so as to benefit from Trade Secret protection:

− The information should be secret − The information has commercial value− The owner of the information should make reasonable efforts

to maintain its secrecy

you should also bear in mind that this type of IPR lasts as long as the owner manages to keep the information secret. Nonetheless its scope of protection does not extend to the individual development of the same information by a third party, provided that such development has been performed by lawful means (e.g. reverse engineering).

IP PRoTECTIoN IN BIoTECHNoLoGy AND NANoTECHNoLoGy

Page 7: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

In this context, EU SMEs are advised to protect their confidential information as a Trade Secret when:

− The invention is not patentable, i.e. it does not meet the minimum requirements or the subject matter is not eligible for protection

− It is difficult to access the core of the information through reverse engineering

− The company - due to its organizational and operational characteristics- considers to maintain the secrecy feasible and in line with its business strategy

To learn more about Trade Secrets, please read our Factsheets on “Trade Secrets in Brazil”, “Trade Secrets in Argentina” and “Trade Secrets in Chile”, or contact our Helpline to obtain tailor-made advice regarding Trade Secret’s protection and enforcement in Latin American countries. It is free, fast and confidential.

3. Glossary

Second use: Refers to the possibility of patenting a different use of an already known object/product (e.g. Use of a chemical composition as a medicine to treat heart diseases when the original Patent claims its use as antibiotic). In general, in Europe it is possible to patent such second use subject to the fulfilment of the novelty and Inventive step requirements.

State of the art: The state of the art includes everything that has been disclosed or made publicly available before in any place of the world. That disclosure can be made by means of an oral or written description, exploitation, sale or commercialisation, or through any other media or information services, that allow a skilled person to carry out the invention.

Triadic Patents: The oECD uses the "triadic patent families" as a type of indicator to quantify innovation and to obtain data.

Triadic patent families are a set of patents that protect the same invention and are filed at the European Patent office (EPo), the United States Patent and Trademark office (USPTo) and the Japan Patent office (JPo). They are attributed to the country of residence of the inventor and to the date when the patent was first registered.

4. Links of Interest and Additional Information

Find out more about Intellectual Property Rights in Latin America, visit the Latin America IPR SME Helpdesk website: www.latinamerica-ipr-helpdesk.eu

Additional information

Links of interest

Biotech SMEs Awards: http://biotechsmeawards.eu/

Science, technology and innovation in the digital economy. The situation in Latin America and the Caribbean: http://innovalac.cepal.org/en/documents/science-technology-and-innovation-digital-economy-situation-latin-america-and-caribbean

6

ISAAA Brief 51-2015: Global Status of biotech crops in 2015: http://isaaa.org/resources/publications/briefs/51/executivesummary/default.asp

UNESCo Science Report. Towards 2030: http://unesdoc.unesco.org/images/0023/002354/235406e.pdf

Certain aspects of national/ regional Patent Laws: Exclusions from Patentable Subject Matter: http://www.wipo.int/export/sites/www/scp/en/national_laws/exclusions.pdf

Factsheets

Trade Secret in Brazil: http://www.latinamerica-ipr-helpdesk.eu/content/trade-secrets-brazil-0

Trade Secret in Argentina: http://www.latinamerica-ipr-helpdesk.eu/content/trade-secrets-argentina

Trade Secret in Chile: http://www.latinamerica-ipr-helpdesk.eu/content/trade-secrets-chile

IP Country Factsheet

Argentina: http://www.latinamerica-ipr-helpdesk.eu/content/argentina-ip-country-factsheet

Bolivia: http://www.latinamerica-ipr-helpdesk.eu/content/bolivia-ip-country-factsheet

Brazil: http://www.latinamerica-ipr-helpdesk.eu/content/brazil-ip-country-factsheet

Colombia: http://www.latinamerica-ipr-helpdesk.eu/content/colombia-ip-country-factsheet

Costa Rica: http://www.latinamerica-ipr-helpdesk.eu/content/costa-rica-ip-factsheet

Dominican Republic: http://www.latinamerica-ipr-helpdesk.eu/content/dominican-republic-ip-factsheet

Ecuador: http://www.latinamerica-ipr-helpdesk.eu/content/ecuador-ip-country-factsheet

Mexico: http://www.latinamerica-ipr-helpdesk.eu/content/mexico-ip-factsheet

Paraguay: http://www.latinamerica-ipr-helpdesk.eu/content/paraguay-ip-country-factsheet

Uruguay: http://www.latinamerica-ipr-helpdesk.eu/content/uruguay-ip-country-factsheet

Peru: http://www.latinamerica-ipr-helpdesk.eu/content/peru-ip-country-factsheet

Venezuela: http://www.latinamerica-ipr-helpdesk.eu/content/venezuela-ip-country-factsheet

IP PRoTECTIoN IN BIoTECHNoLoGy AND NANoTECHNoLoGy

>

>

>

>

>

>

>

>

>

>

>

>

>

>

>

>

>

>

>

>

Page 8: IP Protection in Biotechnology and Nanotechnology...bio nanotechnology and nanotechnology, among others, have the greatest potential to lead to technological progress in Latin America

Download guide:

www.latinamerica-ipr-helpdesk.eu

ABOUT LATIN AMERICA IPR SME HELPDESK:The Latin America IPR SME Helpdesk offers free of charge, first-line support on IP and IP rights matters to facilitate the expansion of European SMEs (EU SMEs and SMEs from the Associated countries) already established at, or working with entities in Latin America as well as those potentially interested in establishing commercial and R&D activities and ventures in these countries.

SERVICESHelpline: Ask our experts any IP related questions in Latin America! We provide professional IP advice – customized, straightforward, and free of charge. our Experts will answer your question within three working days.

Newsletter: Keep track of the latest news on IP in Latin America relevant to your business.

Multi-lingual Webportal: Browse our multilingual web portal for a broad range of information and training materials on IPR in Latin America in English, Spanish, Portuguese, French and German.

Training: Attend our trainings (online and on-site) and learn more about the key aspects of IPR protection and enforcement issues for doing business in Latin America.

MANAGE YOUR INTELLECTUAL PROPERTY IN LATIN AMERICA

For more information please contact the Helpdesk:[email protected]@latinamerica-ipr-helpdesk.eu

SPAINADDRESS:University of Alicante, Campus San Vicente del Raspeig, Edificio Torre de Control, 03690 Alicante, Spain TEL: +34 96 590 9684 E-MAIL: [email protected] WoRKING HoUR: Monday - Friday 9:00 -16:30 (CEST) BRAZIL ADDRESS: Rua Marquês de olinda, 70 – Botafogo. Rio de Janeiro-RJ, CEP 22251-040 TEL: +55 21 2237-8728 E-MAIL: [email protected] WoRKING HoUR: 9h00 - 18h00 (GMT-3)

MEXICO ADDRESS (1): c/del Puente 222 Ejidos de Huipulco, Tlalpan 14380, Ciudad de México, Distrito Federal TEL: +52 (55) 5483-2252 E-MAIL: [email protected] WoRKING HoUR: 9h30-18h30 (GMT-5)

ADDRESS (2): Avenida Eugenio Garza Lagüera & Rufino Tamayo, Valle oriente, San Pedro Garza García, 66269, Nuevo León, México TEL: +52 (81) 86256000 E-MAIL: [email protected] WoRKING HoUR: 9h00-17h30 (GMT-5) CHILE ADDRESS: Galvarino Gallardo 1690, Providencia, Santiago TEL: (56-2) 2 787 8422 – 2 787 8400 E-MAIL: [email protected] WoRKING HoUR: 9h30-18h30 (GMT-3)

Disclaimer:The Latin America IPR SME Helpdesk is a free service which provides pract ical , object ive and factual information aimed to help European SMEs understand business tools fo r d e v e l o p i n g I P R v a l u e a n d managing risk. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. The content and opinions expressed are those of the authors and do not necessarily represent the views of the European Commission and/or the Executive Agency for Small and Medium-sized Enterprises or any other body of the European Union. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice. Neither the European Commission nor the Agency may be held responsible for the use which may be made of the information contained therein.

Last update: June 2017

twitter.com/latinamericaipr

linkedin.com/in/latinamericaiprsmehelpdesk

facebook.com/laiprsmehelpdesk

www.latinamerica-ipr-helpdesk.eu/rss.xml

www.youtube.com/channel/UCXHB4TqVVMudvZHSQ3GJV8A

Project implemented by:

© 2017 - Latin America IPR SME Helpdesk - A project funded by the European Union´s COSME Programme (2014-2020)