marcasur magazine 49
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FIRST LATIN AMERICAN INTELLECTUAL PROPERTY MAGAZINE / Nº 49 APRIL - JUNE 2013
DALLAS
INTA
Story inWestern
AIPPI and the Americas
Interview with Gonzalo Barboza of Red Bull
Patents Time Frames
THIS EDITION IS SUPPORTED BY:
ENERO / MARZO 2 0 1 3 54 www.marcasur.comwww.marcasur.com
staffEditorialEditor: Juan Pittaluga [email protected]
Press:Karina Gonzá[email protected]
María Victoria [email protected]
Academic Department:Dr. Daniel [email protected]
Collaborators:
Teresa [email protected]
Cinemag
Collaborators in this edition:
Commercial Department /
Subscriptions:
Mei-lin Che
Design: LP / arte visual
Photography:
Communications:Natalia [email protected]
Correction:
Alejandro Coto
Printer: Gráfica Mosca
MARCASUR
Year 17 nº 49
April-June 2013
Cont. Echevarriarza 3535 A, 1604
CP 11300 Montevideo, Uruguay
Tel: (598) 2628 4604
Fax: (598) 2623 2957
ISSN 1688-2121D.L. 354.155 Paper Commission.
Edition protected under Decree 218/96
Quarterly publication edited
by Editorial MS S.R.L.
Juan Antonio PittalugaEditor
staff
M
This is a new edition of MARCASUR, the leader magazine on IP information in Latin America.
MARCASUR reports on what happens in Intellectual Property in Latin America through various channels. Besides Marcasur Magazine, which is edited in Spanish since 1996, there is Marcasur’s Digital Portal www.marcasur.com, which has existed for 10 years, and its newsletter Marcasur Week. Since 2010, there has been a digital version of the magazine in English, and we also send the English newsletter fortnightly, Marcasur International.
Moreover, MARCASUR has devised an Apple application to view the English version of the magazine on your iPad.
Our goal is to become the best media for broadcasting worldwide what happens in Latin America IP-wise, as we already do in our region.
Mei-lin Che
>Marcasur mailSend your correspondence to: [email protected]
Juan Francisco [email protected]
María Victoria Licio [email protected]
Academic Department:
Edgardo Larminy, Sergio
Ellmann, Irina Terra and
Edy Guadalupe
ABRIL / JUNIO 2 0 1 3 75 www.marcasur.comwww.marcasur.com
Contents
822 Statistics.
32
Events135th Annual Conference of INTA in Dallas, USA.
14
4 Editorial
6 Statistics. Latinestadísticas presents us a survey that evaluates
time frames and procedures of the national patents offices
8 Have you heard?
10 Marcasur reports
45
Opinion. Vera Abogados asociados, Colombia
12
Events. Cocktail party of law firm Ferraiuoli LLC
14 Events. 135th Annual Conference of INTA in Dallas, USA
22 Interview. With Felipe Claro. «AIPPI needs the Latin American
support for its global work»
26 Events. Cocktail party of the law firm Becerril, Coca & Becerril
28 Events. Second International Meeting of AMPPI in México, D.F.
42 Marcasur International News
30 Events. Intellectual Property Seminar of ASIPI in Habana, Cuba
34 Interview. With Gonzalo Barboza. «Working in this company is
a guarantee for non-boredom»
46 Events. LESI Annual Conference in Rio de Janeiro, Brazil
38 Lawyers in their free time. We talk with Argentine Mercedes Bullrich,
who sings, and Mexican Sergio Madrazo, who runs marathons 40 Kidding but seriously
DALLAS
Interview.With Felipe Claro.AIPPI needs support from Latin America.
Latinestadísticas presents us a survey evaluating time frames in patents.
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Patents STATISTICS
time frames
El Salvador 1 - 1,5 years
Honduras 2 - 4 years
Nicaragua 2 - 4 years
Costa Rica 2 - 4 years
P e r u
Colombia 2 - 6 years
Guatemala 2 - 6 years
Panama 3 - 4 years
M é x i c o 3 - 4 years
Dominican Rep. 4 years aprox.
E c u a d o r
Paraguay 4 - 8 years
C h i l e
Argentina 4 - 8 years*
Brazil 7 - 12 years
B o l i v i a 8 years
U r u g u a y
Venezuela No data
COUNTRY
DRAWING FROM THE INFORMATION PROVIDED BY LATINESTADISTICAS, MARCASUR PRESENTS A SURVEY WITH THE AVERAGE TIME FRAMES FOR THE GRANTING OF PATENTS IN 2012 IN LATINAMERICAN COUNTRIES.
TIME FRAME
2 - 4 years
2 - 4 years
2 - 4 years
Cuba
4 - 8 years
4 - 8 years
9 - 11 years
Note: considering that time frames for patent granting are of two years (over a decade in some cases), we do not consider necessary to compare with the previous year.* Between 5 and 12 years, depending on the technology; in the fields of biochemistry and pharmaceutical, up to 12 years.
Regarding time frames for the granting of a patent, the time scale significantly expands and goes from one to 12 years, being El Salvador the country that takes less time to grant a patent, with a waiting time of a year to a year and a half.Another particularity of this table is that it shows a significant parity in terms of times frames by country. Honduras, Nicaragua, Cuba, Costa Rica, Peru and Colombia show an average of 2-4 years to grant a patent. Panama and Mexico
take 3 years minimum and 4 years maximum. Dominican Republic takes, according to the response, 4 years.Paraguay, Ecuador, Chile and Argentina tend to have a slightly longer time frame: 4 to 8 years, while for Bolivia is eight years. Uruguay and Brazil are, accord-ing to the survey data, the countries that can eventually have a longer delay in granting a patent, with a time frame of 11 years maximum for the former, and 12 years maximum for the latter. Another peculiar case is that of Venezuela, where
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LATINESTADISTICAS
M
there is no average time frame for granting a patent, since the Patent and Trademark Office has not granted one in more than five years.
The data for each country were provided by the following collaborators:
Argentina: Matías Noetinger (Noetinger & Armando) and Alejandro Breuer (G. Breuer)Bolivia: Marcos Mercado (Guevara & Gutiérrez)Brazil: Elisabeth Siemsen and Sirlene Fernandes (Dannemann Siemsen)Chile: Rodrigo Velasco (Alessandri & Cía)Colombia: Martín Torres (Brigard & Castro)Costa Rica: Pilar López (Zurcher Law)Cuba: María Lourdes Ruiz (Bufete CLAIM S. A.) and Mayelin Acosta (Corporación Habanos)Ecuador: José Luis Barzallo (Barzallo & Barzallo) and Francisco Pérez, Rafael González (Pérez Bustamante & Ponce)El Salvador: Edy Portal (Portal & Asociados)Guatemala: Ernesto Viteri (Viteri & Viteri) and Enrique Moller (Bufete Moller & Asociados)Honduras: Ricardo Mejía (Bufete Mejía & Asociados) and Lesbia Casco (Casco & Casco)Mexico: Nuria Becerril (Becerril, Coca & Becerril)Nicaragua: Marvin Caldera (Caldera & Solano) and María Eugenia García (Jarquin-García)Panama: Marissa Lasso de la Vega (Alfaro, Ferrer & Ramírez)Paraguay: Hugo Berkemeyer (Berkemeyer Attorney)Peru: Virginia Delion (Estudio Delion) and Arturo Tello (Estudio Osterling)Dominican Republic: Deborah Guzman (J. J. Roca & Asociados)Uruguay: Susana del Cerro and Edgardo Larminy (Pittaluga Abogados) and Victoria Fox (Fox Abogados)Venezuela: Adolfo López (Ayala & López Abogados) and Carlos Terra (E.C.V. & Asociados)
It is a professional services company specializing in market research, public opinion research, applied statistics and consulting, such as studies of perception and organizational climate.
Contact: Mr. Daniel Velázquez, [email protected].
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News
HAVE YOUHEARD?
They&go
come
In Argentina, the law firm G. Breuer has appointed lawyer Agustina Martínez Estrada as partner.
In Peru, law firm Allende & García Abogados has appointed lawyer Dafne Ramos Samanez as associate. Dafne previously served as head of the patent area at Clarke, Modet of Peru.
In Honduras, Guadalupe Martínez Casas has been named executive director at regional level at Central American law firm CENTRAL LAW.
In Mexico, Dumont, Bergman & Bider has appointed Jorge Gómez as partner. His practice areas focus on trademarks, corporate law, regulatory law and litigation.
In Ecuador, Quevedo & Ponce has appointed attorney Cristina Ponce Villacís as partner of the law firm.
In Puerto Rico, Ferraiuoli LLC continues to grow and has recently added lawyer Rafael Rodríguez to its IP department as well as paralegals Rosa Soto, Alexandra Ortiz and José Florán.
In Uruguay, law firm Vanrell Propiedad Intelectual-Abogados has launched. It is backed by a solid group of professionals: Juan Eduardo Vanrell, Fabiana Mateos, Verónica Vanrell, Claudia Croci, Carlos Benítez, and Alvaro Frizzi.
The contact details are:
Prof. J. C. Sabat Pebet 1230 Of.508
11300 Montevideo Uruguay
Tel: 598 2628 6033
Fax: 598 2622 5355
www.vanrell.com.uy
In Uruguay, the firm Teuten Abogados has
merged with Cervieri Monsuárez &
Asociados. The new emails are: Mark Teuten
[email protected], and Gustavo
Larrosa [email protected]
In Costa Rica, Mauricio Bonilla's BR
Abogados has merged with other colleagues to
create boutique firm Advice Legal Studio and
thus expand its services to other areas of law,
leaving BR Intellectual Property as the IP
department of the new firm. Mauricio's new e-
mail is [email protected]. The website is
www.als.cr.
In Brazil, Simbolo Propiedad Intelectual, with
42 years of experience, has changed its
denomination to Vilela Coelho Propiedad
Intelectual. The change is accompanied by
new services provided by Vilela Coelho in the
areas of digital law, information technology,
unfair competition, competition law, anti-
piracy, and search and seizure measures.
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in ChinaAnniversary
In Bogotá, Colombia, Cavelier abogados has turned 60 and has held a reception called "The Art of Excellence". On this anniversary they paid tribute to Germán Cavelier Gaviria, to art and to innovation.
In Argentina, the firm Hausheer Belgrano & Fernández is celebrating 110 years of renowned experience.
In Argentina, Marval, O'Farrell & Mairal is celebrating 90 years of great achievements and a prestigious career.
Marcasur
Accompanying Marcasur international expansion, particularly our presence in China, the denomination Marcasur has recently been registered in that country, nº 10621771. The name has been registered in Mandarin and has the following characters:
New data
In Venezuela, MARKVEN has launched its new corporate identity, which can be appreciated on i t s w e b s i t e , w w w. m a r k v e n . c o m
In Chile, Silva & Cia has unveiled its new corporate image and website, www.silva.cl
Appointment
During the meeting of the Board of Directors of ASIPI (Inter American Association of Intellectual Property), on March 17 in Havana, Cuba, it was unanimously approved the appointment of Roberto Romero Pineda, founder of Romero Pineda & Asociados of Salvador, as ASIPI Court judge for the period 2012-2015.
In Ecuador, it has been appointed the new board of directors of the Ecuadorian Association of Intellectual Property, AEPI, which is comprised in the following way:
President: Johana Aguirre Guerrero Vice President: Teodomiro RibadeneiraSecretary: Damián Hidalgo RobayoTreasurer: Rafael GonzálezFirst voice: Esteban Argudo Carpio
New authorities
In Argentina, the law firm De las Carreras & Chaloupka has changed its name to Estudio Chaloupka – Propiedad Industrial .
In Dominican Republic, E. J. Miniño has launched its new name, Miniño Abogados, and a new website, www.minino.com.do
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Argentina 110 YEARS OF
EXCELLENCE
MARCASUR reports
www.hbf.com.ar
Marina Fernández
Carolina I. Fernández
How did Hausheer Belgrano & Fernández start?Carolina: The company was established in 1903 under the name of Hausheer & Gallardo, founded by Adolfo Hausheer Belgrano and José Gallardo. It was one of the first firms in Argentina specifically designed to assist in the protection of trademarks and patents and assist clients in their respective registrations.Marina: In 1950 joined Manuel Adolfo Fernández and under his leadership the firm established as one of the most important in the country, due to the diversity of its client portfolio and the volume of cases.Graciela: In the mid eighties a transformation begins to take shape in the firm to accompany the growing importance of industrial property rights. The technical expert team was joined by specialized lawyers, to provide customers with efficient strategies.Juan Carlos: Today, HBF is proud of both its trajectory and its evolution. After the long journey it still has a young and dynamic spirit, passionate about its work.
Is it difficult to maintain the founding values 110 years after its beginning?C: Historically, the founding values of HBF were honesty, responsibility, efficiency and proactivity. These were, are and will be our guiding principles and key drivers for the service we provide.M: Both in the past and present, we are proud to be considered by many of those who entrust us with the care of their rights as their partners, because they value the honest and personal advice we provide.G: In the face of the increasing complexity for the protection and defense of these rights, we have added to our initial values the solidity and continuity in professional training as well as the thoroughness, creativity and relevance in the analysis and design of strategies.
How many people are part of H a u s h e e r B e l g r a n o & Fernández?C: Our team comprises of industrial property agents, lawyers , technicians and administrative staff. We are thirty people, of which twelve are professionals and the rest highly qualified administrative staff. We are organized so that the different areas of the team maintain close communication to keep track of the characteris-tics, priorities and goals of each client.
How many areas of the law do you cover?Gabriela: The law f i rm specializes in industrial property rights (trademarks, patents, utility models, models and i n d u s t r i a l d e s i g n s ) a n d intellectual property (copy-rights), as well as related issues: domain names, indications and designations of origin, image rights, unfair competition, consumer protection, plant varieties.G: We support the owners since the beginning of the process of the adoption of the sign, creation or invention; we help them identify protectable elements and find the most effective and efficient strategies to protect them.Also, we assist them in the protection of their rights, both at out of court settlements and at instances of alternative dispute resolution or judicial conflict. We also carry out the study, drafting and negotiation of contracts related to industrial property and disputes associated with these.M: Without losing our essence as a niche law firm, we advise our clients on corporate contingen-cies which tend to have involvement with industrial property, such as the formation and dissolution of companies and bankruptcy proceedings.
What goals do you have for the future?C: Over the last ten years, HBF has established itself among the
five most prestigious law firms in the country. Our goal is to w o r k r e s p o n s i b l y t omaintain the level of excellence that has put us in this place.M: In addition to consolidating our presence in the international market, we want to expand our participation in the local scene.
How do you envision the firm 110 years from now?M: The technological changes in the last twenty years and the globalization they entail, have already impacted the systems of the intellectual and industrial property. It is expected that new paradigms will have correlation with even deeper modifications of standards and practices. Our legacy to those who come after us will be providing the necessary structures and training to meet the new challenges that may arise.
The participants in this interview were: Carolina and Marina Fernández, partners; Juan Carlos de la Vega, Internal Department; Graciela C. Pérez de Inzaurraga, Foreign Department and Gabriela Musante, Litigation.
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Dallas
Puerto
The hosts, Cristina Arenas-Solís, Víctor Rodríguez-Reyes, Yolisamar Vázquez-Delgado, Maristella Collazo-Soto, Rosa Soto-Rivera, Yadira Rosario-Rivera, Eugenio J. Torres-Oyola, Laura Beléndez-Ferrero and Jean Vidal-Font
Gifts home. Barbarita Guzmán (Markven, Venezuela) and Yolianna Arosemena (Benedetti & Benedetti, Panama)
EVENTS
Rican
On the occasion of the 135th Annual Meeting of the International Trademark Association (INTA), the Puerto Rican law firm Ferraiuoli LLC hosted a reception for its many clients and friends at the fabulous Avanti Fountain Place, in the heart of Dallas.The guests enjoyed the usual hospitality and care of Ferraiuoli team in a true urban oasis of cypresses and a beautiful garden with lit fountains that created an ambiance for enjoyment and offered a unique relaxing time to the intense bustle of INTA.With a lot of very rich traditional Puerto Rican food, a bar dominated by a rum-based drink designed especially for the occasion, great lighting atmosphere and the incomparable Latin music playing in the background, the guests spent a wonderful evening, topped with carefully selected gifts by the hosts. In addition, the weather accompanied with a perfect temperature that allowed the enjoyment of the attractive gardens of Fountain Place and the beautiful sunset.
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MLet there be light
Professional excellence. Maristella Collazo-Soto, Eugenio J. Torres-Oyola, Yadira Rosario-Rivera, Yolisamar Vázquez-Delgado, and Rosa Soto-Rivera
Under the sunset.
Eugenio J. Torres-Oyola, capital
member of Ferraiuoli and director of
its Intellectual Property Team, said
he was very pleased with the recep-
tion of the traditional party of the
firm and announced that he is already
preparing the next one with all his
friends and clients next year in Hong
Kong, home of the 136th Annual
Meeting of INTA. Congratulations to him and his team
for the success of the activity!
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DALLAS
INTA
EVENTS // INTA IN DALLAS
-
ANEXCEPTIONAL
INTA (INTERNATIONAL TRADEMARK ASSOCIATION) HELD ITS 135TH ANNUAL CONFERENCE, THIS TIME IN THE STATE OF TEXAS. DALLAS RECEIVED MORE THAN 8,900 PROFESSIONALS UNITED BY THE SAME INTEREST: INTELLECTUAL PROPERTY.
The popular IP conference was held from 4th to 8th May in Dallas, a city of great dimensions, highways and massive structures.
The convention center acted as the main meeting point and so were the nearby hotels and this year's venue, the Omni Dallas Hotel. The venue and the convention center had very well presented facilities and ample spaces to have meetings or breaks.
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Guarded. Laura Sansalvador (Arcor, Ar-gentina), Marcela Cikato (Cikato Lawyers Intellectual Property, Uruguay), Juan Vicetto (Izquierdo & Vicetto, Argentina) and Luana Brazileiro (PepsiCo Inc, Brazil)
Enjoying. Pamela Fitch (Estudio Villaseca, Chile), Estuardo Jáuregui (Jáuregui & Asociados, Guatemala), Alexandra Howard (Estudio Villaseca, Chile) , Felipe Pavez (Estudio Villaseca, Chile) and Rolando Candanedo (Bufete Candanedo, Panama)
It was five days of intense movement, a lot of networking and a loaded program: conferences, round tables, technical talks and presentations of new projects, as well as continuing past ones, such as Unreal. There was a chance to meet the likes of Jerry Jones, president and CEO of the Dallas Cowboys, who was responsible for the opening on Monday 6th. Jones bought the Dallas Cowboys in 1989 from Bright for the sum of USD 140 million.
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THE FIVE COUNTRIES WITH THE HIGHEST ATTENDANCE
USA 3195
England 465
China 383
Germany 364Mexico 236
Hosts. Luiz Edgard Montaury Pimenta at the tea party offered by the Brazilian firm Montaury, Pimenta, Machado & Vieira de Mello, surrounded by Clarissa Castro, Marina Mendoca Claudia Zeraick, Patricia Vieira de Mello, Ana Paula Brito and Joana de Mattos Siqueira
Networking. Adrián Esquivel (Esquivel Martín Pinto & Sessano, Spain) and Lesbia Casco (Casco & Casco, Honduras)
Well dressed. Ernesto Meade (Uhthoff Gómez Vega & Uhthoff, Mexico) and Esteban Riofrio (Barzallo & Barzallo, Ecuador)
Sisterhood. Ximena and Margarita Castellanos (Castellanos & Co, Colombia)
The six Latin American firms with
Dannemann, Siemsen, Bigler
& Ipanema Moreira, Brasil 17
Arochi, Marroquin &
Lindner, S. C., México 15
Uhthoff, Gómez Vega &
Uhthoff, S. C., México 13
Olivares & Cia. S. C., México 10
O’Farrell & Mairal, Argentina 9
Basham, Ringe &
Correa, S. C., México 9
the highest attendance
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Aperitif in the sun. Jim Darnton (Whirlpool Pro-perties, Inc, USA) and Enrique Díaz (Goodrich,
Riquelme & Asociados, Mexico)
Like at the square. Francisco Pérez (Pérez, Bustamante & Ponce, Ecua-dor), Caroline Casseli (Casseli Law Firm, Paraguay), Verónica Vanrell (Vanrell Propiedad Intelectual, Uruguay), Fabiana Mateos (Vanrell Propiedad Intelectual, Uruguay) and Rafael González (Pérez, Bustamante & Ponce, Ecuador)
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THE LATIN AMERICAN COUNTRIES WITH
THE HIGHEST ATTENDANCE
Brazil 189
Argentina 111
Colombia 73
Venezuela 51
Chile 50
Natural. Farah Molino (Fabrega, Molino y Molino, Panama), Pedro Chávez and Gabriela Bodden, both from E-Proint, Costa Rica
Men at work. Marcos Mercado (Guevara & Gutiérrez, Bolivia) and Gabriel López (López Jaen Asesores, Venezuela)
GRANTED TRADEMARKS
THE BADGE
REJECTED TRADEMARKS
ATTENDANCE IN THE LAST FIVE YEARS
Seattle 2009 7700
Boston 2010 8450
San Francisco 2011 8713
Washington 2012 9800
Dallas 2013 8916
The conference had a total of 8,916 registered attendees, a smaller number than that of 2012 in Washington DC but higher than those recorded in 2010 and 2011. The United States led the list of countries with the highest number of entries, with a total of 3,195, followed by England with 465, China with 383, Germany with 364 and Mexico with 236.
The agenda was also full of many cocktails offered by firms from different countries. The weather accompanied during the five days and people made good use of the outdoor locations. These events were previously offered by American firms only, but every year there are many new receptions, toasts, parties and cocktails, and even some races, spa sessions and afternoon tea.
Many comments were raised in relation to the badge, and the arrangement of the names. It is suggested that the name and the company are displayed in a larger font, as well as the country, which is very important for the meetings.
The system of shuttles that connected the major hotels
The speed of accreditation
The final party of INTA
The good vibes of the parties of Latin American firms
The creative merchandising of some companies and firms
The taxis
The cold temperature inside the convention center
The distances between the hotels
The little city movement
The problem with communication networks (wi-fi) in the convention center
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Moment of joy. Morena Zavaleta (Arias & Muñoz, El Salvador) and Marcello do Nascimento (David do Nascimento Advogados Associados, Brazil)
Relax time. Raúl Raygadas and Gilberto Sánchez (Link International de México, Mexico) with Byron Robayo and Mónica Cortez (Paz Horowitz Robalino Gareces, Ecuador)
Laughing. Arturo Pérez Guerrero (Guerrero, Noble, Pérez-Orama & Guerrero-Calderón,Puerto Rico) and Carmen Prieto Villegas (Jorge Mera & Villegas, Dominican Republic)
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Catching up. Leopoldo Márquez and his wife Cristina (Marquez, Henriquez, Ortin, Valedon, Venezuela), Carlos Valedon (Marquez, Henriquez, Ortin, Valedon, Venezuela) and Danilo Romero (Romero Raad Abogados, Colombia)
Raising glasses. Salvador Saravia (Saravia & Muñoz, Guatemala), José Barreda (BRDA Abo-gados, Perú) and Luis Fernando Moreno Gutiérrez (Gabriel Patent and Trademark Office, Bolivia)
Dominating the city. Valeria Carrón and Hugo Berkemeyer (Berkemeyer Attorney & Counselors, Paraguay)
Wearing tie. José Luis Londono Fernández (Ministry of Industry,Trade and Tourism, Colombia) and Gordiano Casas (GLG Ip Agency Beijing, China)
Fraternal embrace. Manuel Polanco (Bolet & Terrero, Venezuela), Ricardo Mejía (Bufete Mejía
& Asociados, Honduras) and José Roberto Pineda (Romero Pineda & Asociados, El Salvador)
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MBurgundy friendliness. Patricia Hoet, Carlos Domínguez and Milagros Nebreda, all from Hoet PeláezCastillo & Duque, Venezuela
The most discussed topics among the attendees were the busy schedule this year as well as the future plans for the 2014 conference, to be held in Hong Kong, a place that arises enormous interest in the public as well as great expectations regarding attendance, services, events and the great difference that implicates its realiza-tion.
Once more, INTA has been a medium for learning, catching up, reuniting with colleagues and friends, network-ing and lots, lots of work. Surely, we will meet next year in Hong Kong, with the same intensity, energy and willingness we put on this confer-ence.
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«AIPPI NEEDS SUPPORT FROM
LATIN AMERICA»
INTERVIEW // FELIPE CLARO
COUNSEL AND VICE PRESIDENT OF AIPPI, FELIPE CLARO IS AN EXAMPLE OF THE COMMITMENT THAT THIS INTERNATIONAL ASSOCIATION MADE TO REMAIN A LEADER ALSO IN LATIN AMERICA.
Practical and with an overall view of things, he admits that he likes seeing the essential and try to differentiate it from the accessory. He was born in Santiago, 51 years ago, moving a few months later to New York, where his father, a specialist in colonial music composed in the Americas, studied musicology at Columbia University. He studied law by vocation and family tradition. "I come from a family of many lawyers and architects”, he says. The lawyer Luis Claro Solar, graduated in 1880, initiated the legal activity of Claro & Cia. His great-grandfather and grandfather were also part of the history of the firm which today has 80 lawyers and a staff of 140. As the only descen-dant of the founders, he confesses that he is proud to be part of the law firm "for the long link with my family and the challenges it poses". But that was before he was elected for vice president among eight thousand plus AIPPI members. Peter Siemsen and Luis Leonardos were the other two Latin Americans who have held that title. He was chosen without the influence of the place where the next congress of the Association will be held: Canada and Italy. "It is an honor to hold this position and also a great responsibility", he says. About this designation he spoke to Marcasur.
To begin, Felipe, how did you become linked with the Association? It started when I was newly graduated and entered the Chilean Association of Intellectual Property, which is the Chilean group of AIPPI, carrying out national and international activities.
What motivated you to join? The fact that it is an association with which I identify, for its comprehensive view of intellectual property. People who actively participate, are, in my opinion, very capable, judicious and visionary which gives me an enriching platform for interaction. I have participated in various commit-tees in national and international associations, and in AIPPI I am empathic with the directives in their visions and the spirit of shared work. Over the years I have felt their support.
Is the new role of vice president time-consuming? Although the time that I spend in my post is relevant, it is similar to the drawing of an electrocardiogram, with moments of great activity and other moments of quiet. It can be combined perfectly with my professional position, because fortunately in my firm I have the support of my partners and my committed and effective team, which allow me to fully comply with both activities.
What do you think is your greatest contribution to the Association? I think it is the effort to provide objective opinions, trying to convey a positive and practical vision of things, putting the focus on the interests of the Association.
How is the working team comprised? The bureau is comprised of exceptional people, both professionally and personally. I am pleased to work with them, which, together with the current technology and the ease of communica-tion, it allows everyone to carry out their tasks more easily.
Briefly tell us about the plans of the Association and what it is working on right now.The Association is at a turning point, because it is embarking on a comprehen-sive analysis of the way it functions and is structured, and major reforms are being made at all levels, to better fulfill its mission to promote the study and protection of the intellectual property, discourage unfair competition and promote the harmonization of the laws and intellectual property systems. I am actively working on this strategic project.
How would you summarize the relationship of the association with Latin America? The region has many possibilities. AIPPI needs the Latin American support for
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FELIPE'S FUEL
M
He is married to Bernardita Wünkhaus, who is a lawyer and a coach. They have four children: triplets Francisco (11), María (11) and Daniel (11), and Peter (9). He spends most of his free time at his home on a hill of the road leading to the ski resorts around Santiago. He has always had an interest in architecture and has actively participated in the design and construction of his homes in Santiago, and another one in southern Chile. And while he is surrounded by nature, as a lover of technology he spends much time online. "Technology captivates and amazes me all the time. On the Internet you can access everything from everywhere, at any time, and that attracts me. I feel I am in a kind of virtual ubiquity", he says. He also confesses to being quite addicted to some video games. And as music and art have always been present in his family, by both branches, the legacy is reflected in his taste for photography. "I am fascinated by the theme of instantaneity”, he concludes.
their global agenda. It is important that each of the Latin American countries say what they have to say internationally. Sometimes a silence is perceived in Latin America and, therefore, its interests may not be sufficiently considered when international decisions are taken.
Is there a space for Latin Americans?I would tell my Latin American col-leagues that they have a unique opportu-nity to make their voices heard, because both the President (Canada) and Vice President (Chile) are from the Americas. Therefore, now more than ever is the right time for our entire continent to actively participate in AIPPI.
What are your plans regarding the agenda for this region? An important effect that has already been produced to encourage Latin American participation is that, along with the assistant secretary general of AIPPI, Sergio Ellmann, partner at Marval O'Farrell & Mairal, we have just helped create, in Havana, AIPPI's Central American and Caribbean group, with the participation of at least the following countries: Costa Rica, Cuba, El Salvador, Haiti, Honduras, Nicaragua and Dominican Republic. The same thing just happened in May with AIPPI's Uruguay group. This new regional group must be approved at the AIPPI meeting in Helsinki in September. The first president of the regional group will be Guadalupe Portal, from El Salvador and Uruguay's group president will be Gustavo Fischer. Another project we want to promote is the regional meetings on topics of regional interest, to enhance and improve intellectual property through-out the world.
Are the objectives of AIPPI in Latin America confused with those of ASIPI? What is the essential differ-ence? ASIPI looks after the Pan American, primarily Latin American, interests associated with intellectual property, whereas AIPPI oversees the global nature of intellectual property, promot-ing the harmonization of legislation worldwide. ASIPI's regional objectives often coincide with those of AIPPI, but it need not always happen. In any case, there is a strong mutual cooperation that is positive for the region.
How is the connection to the other associations of intellectual property? The interaction with American associa-tions as ASIPI and AIPLA is very active right now.
In general, how is the current scenario? It is a time in which the Association is renewing and driving itself toward the next decades, adopting the changes that are needed. It is like a very valuable ocean liner, which in the future will be more maneuverable, will have more powerful engines and its members have a great experience on board, so they will want to stay for many years.
Where are the topics heading?The topics will head where the members indicate. Therefore it is very important to have the Latin American opinion, so that the region has a leading role in the future in an acceptable way to the association.
Are the governments in the region likely to conduct their laws as AIPPI sug-gests? It will depend on the importance that each government attaches intellectual property and on the economic reality of a particular time. The responsiveness varies over time.
Finally, what is the challenge for professionals? It is an interesting challenge being able to participate in the activities at this time of renewal. It is also a very good point for meetings and professional interaction of first class, as it has a presence in more than sixty countries. This renovation also is occurring in all areas of the legal profession and we must be alert so that the comfort of some processes does not tie us to the past. That is the great challenge.
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In good company. Ana Cristina Arroyave (Ideas Tra-demarks and Patents, Nicaragua), Luis Guinard and Vanessa Noriega (Vallarino, Vallarino & García-Maritano, Panama).
Among friends. Carlos Corrales Azuola (Corrales Core IP, Costa Rica), Samuel Pamias (Hoglund & Pamias, Puerto Rico) and Renzo Scavia (Scavia & Scavia, Peru)
EVENTS // COCKTAIL FROM BECERRIL, COCA & BECERRIL. INTA ANNUAL MEETING, DALLAS
The INTAcowboys
On Monday, May 6th, 2013, Becerril, Coca & Becerril dazzled its guests with an original reception at the Dallas Cowboys Stadium. The BC&B team said: "We are happy to have reached our goal this year during the INTA 2013 in the city of Dallas: meeting with friends and colleagues to share, once more, a special moment. In the last five years we have wanted to promote to the fullest what we consider of increasing value and characterize the INTA since always: promote interpersonal relationships, in a suitable environment, that favors the generation of new business opportunities and reaffirms professional and friendship ties created in the past".
Mexican celebration. Overview.
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Latin warmth. Andrés Dimián and Andrés Márquez (from Contexto Intelectual, Colombia),
Abogados, Peru), Enrique Caamaño Coca (BC&B, Mexico) and Marina Buscalia (Lauritsen & Asociados, Argentina)
A toast to success. Part of BC&B team: Octavio Espejo, Omar Velarde, Fernando Becerril, Enrique Caamaño, Nuria Becerril and Héctor Chagoya
Luis Guinard (Vallarino, Vallarino & García- Maritano, Panama), Ximena Souza (Osterling
Looking to make a difference —because to them it is important to do things with meaning— they have chosen to celebrate and share the work, effort and pride in belonging to Becerril, Coca & Becerril at the Dallas Cowboys Stadium. And because they truly believe that success should be shared, one of their great satisfactions, year after year, is welcom-ing colleagues and friends and endorsing the bonds of friendship. As told by Nuria Becerril, Marketing Manager at BC&B: "What better way to welcome them today in this majestic setting, a living example of the result of combining creativity, inventiveness and the breaking of paradigms, with consistency in the purpose of a mission and materializing it into a concept. For us, meeting annually with many of our close friends and adding to this list many new faces has been the most pleasant experience in this INTA 2013. We will be delighted to see our colleagues and friends next year... See you in Hong Kong!”
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MEETSMEXICO
EVENTS
Hosts, Executive Board Members: Javier Uhthoff (Uhthoff, Gómez Vega & Uhthoff, Mexico), Eduardo Kleinberg (Basham, Ringe y Correa, Mexico), Gloria G. Isla (Tsuru Morales Isla, Abogados, Mexico), Fernando Becerril (Becerril, Coca & Becerril, Mexico), Roberto Arochi (Arochi, Marroquin & Linder, Mexico) and Bernardo Herrerías Herrerías (Barrera, Siqueiros y Torres Landa, Mexico)
The Mexican Association for the Protection of Intellectual Property (AMPPI), the Mexican group of AIPPI, successfully organized its second International AMPPI Meeting: Intellec-tual Property in the New Era, from 12th to 14th March in Mexico City. The activities of the meeting began on the night of Tuesday 12th with a warm welcome cocktail at Centro Cultural Isidro Fabela, also known as the Casa del Risco, which takes its name from the fountain made with pieces of porcelain called riscos, a construction that has furniture, paintings, sculptures and applied arts. On Wednesday 13th, the meeting began with words of the president of the organizing committee, Gloria G. Isla. The event opened with the presence of distinguished colleagues in the presid-ium: Miguel Angel Margáin (CEO of IMPI), Juan Manuel Jiménez Illescas (president of the Federal Tax and Administration Court) Manuel Guerra Zamarro (general manager of INDAUTOR) Felipe Claro (vice president of AIPPI) and AMPPI president Eduardo Kleinberg. At exactly 9:35 started the academic activities.
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Relaxation time. Jaqueline Querciola (Berkemeyer Attorney & Coun-selors, Paraguay), María Cecilia Romoleroux (Corral & Rosales, Ecuador), Laura Collada (Dumont Bergman Bider & Co, Mexico), Alejandro Jarillo (Jarillo, Medina y Asociados, Mexico), Harold de Wal-que (DARTS-IP, Belgium) and Ximena Souza (Osterling Abogados, Peru)
Eduardo Kleinberg (president of AMPPI), Gloria G. Isla (president of the organizing committee), Juan Manuel Jiménez Illescas (presid- ing judge of the President of the Federal Tax and Administration Court) Manuel Guerra Zamarro (director of the National Institute of Copyright) and Felipe Claro (vice president of AIPPI)
Among friends. Brian G. Murphy (Frankfurt Kurnit Klein & Selz, USA), Alejandro Torres (Olivares & Cía., Mexico) and Yuri Vázquez (Becerril, Coca & Becerril, Mexico).
During a day and a half of hard work it was carried out a quick but thorough tour on relevant and current topics on the new era of intellectual property. It was attended by leading experts in their field: Abdiel René Esquivel, Brian G. Murphy, Elías Fasja, France-Lee Griggs, Gabriel Kleiman, Hernán Ríos, Juan Antonio Dorantes, Juan G. Moure, Kira Alvarez, Matías Noetinger, Mauricio Jalife, Michael G. Lewis, Neil Narriman, Otto Licks, Santiago R. O'Conor, Peter Dekom, Travis D. Johnson, Thomas Garvin and Uri Weinstok. The conference was closed by José Juan Méndez (president of the National Association of Business Lawyers, the Ba r, AC) and Ar tu ro Ancona García López (holder of the Special Unit of Investigation of Crimes against Copyright and Industrial Property). Juan Antonio Dorantes Sánchez, CEO of International Trade Rules of the Ministry of Economy, gave the closing speech. The board members Eduardo Kleinberg, Alejandro Luna, Javier Uhthoff, Bernardo Herrerías, Fernando Becerril, Gloria G. Isla and Roberto Arochi are already working on the third AMPPI International Meeting, with the purpose
of positioning Mexico as an ideal place to bring together all those members of the general public, government institutions officials and non-governmental organi-zations, intellectuals, researchers, professors and representatives of national and international academic
institutions and law firm lawyers interested in intellectual property to discuss issues of major impact in a serious and thorough manner.
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All smiles. Margarita Zambrano (Larreátegui, Meythaler & Zambrano Abogados, Ecuador), Milagro Chaves (Facio & Cañas, Costa Rica), Sonia González (Center for Genetic Engineering and Biotechnology, Cuba), Monique Teixeira (Dannemann,Siemsen, Bigler & Ipanema Moreira, Brazil)
Dominican Warmth. Mary Fernández (Headrick Rizik Alvarez & Fernández, DominicanRepublic) and María del Pilar Troncoso (Troncoso y Caceres, Dominican Republic)
Coffee break, Sergio Fernández (Sergio Fernández & Asociados, Paraguay), Alvaro Siles (W.A. Méndez & Asociados, Bolivia), Carlos Corrales (Corrales CORE IP, Costa Rica), Natalia Arango (Romero Raad Abogados, Colombia) , José Gutiérrez (De Sola Pate & Brown Abogados, Venezuela) and Aldo Fabrizio Modica (Bareiro, Modica & Asociados, Paraguay)
AZUCAR!
THE INTER AMERICAN ASSOCIATION OF INTELLECTUAL PROPERTY (ASIPI) HELD,
FROM 16TH TO 20TH MARCH, ITS INTELLECTUAL PROPERTY SEMINAR IN
HAVANA, CUBA. THE EVENT OPENED THE ACADEMIC YEAR OF THE ASSOCIATION
AND WAS THE FIRST ONE CARRIED OUT BY THE NEW EXECUTIVE COMMITTEE.
With the title "The role of Intellectual Property on the innovation and transfer of technology. Study through technological results", the seminar was held at Hotel Meliá Cohiba. It was the first time that ASIPI conducted an academic session in the city of Havana. In the morning of Sunday 17th was held the meeting of the administrative counsel. In the evening were held the meetings —with great attendance— of the various working committees for the period 2012-2015. At night it was the time for the opening ceremony at the Palacio de Convenciones, the largest conference center in Cuba. The opening speeches were given by María Esther Reus, Minister of Justice of Cuba, and Juan Vanrell, president of ASIPI, who emphasized innovation, education and science as the pillars of intellectual property, and welcomed the professionals who had come from over twenty coun-tries. Later on was one of the highlights of the seminar: the children's theater company La Colmenita, created in 1990 to promote
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Spicing it up. Ana Vargas (Iberbrand Rossi, Martínez, Vargas, S.C., Mexico), Edy Portal (Portal & Asociados, El Salvador), Flor Bermúdez (Arochi, Marroquin & Linder, Mexico), Elisabeth Siemsen (Dannemann, Siemsen, Bigler & Ipanema Moreira, Brazil) and Joana de Mattos Siqueira (Montaury Pimenta, Machado Vieira de Mello, Brazil)
In line. Ela Sepúlveda Lima (Claim Consultores de Marcas y Patentes, Cuba), María Lourdes Ruiz Sotolongo (Claim Consultores de Marcas y Patentes, Cuba), Yordanka Ramírez Pastor (Claim Consultores de Marcas y Patentes, Cuba), Leticia Bermúdez (Lamosca,Puerto Rico) and Jaqueline Querciola (Berkemeyer Attorneys & Counselors, Paraguay).
values through art, which represented each country member of ASIPI through musical and poetic choreogra-phy in a ceremony enjoyed and praised by all attendees. On Monday 18th, began the academic program with sessions on "Issues relating to the pharmaceutical and agricultural industries" and "Policies to promote the transfer of technology in the less developed countries". That night, was held the ceremony of El Cañonazo, a Cuban tradition of over two hundred years that is done every night at 9 pm from the fortress of San Carlos de la Cabaña, in remembrance of when cannons when fired in the 18th century to announce the closing of the city gates. The day ended with a dinner at the Cathedral Square —declared World Heritage by UNESCO in 1982—, which was especially closed that night for ASIPI, in an evening that included the telling of the history of Cuba and words of appreciation by Mr. Vanrell for the hosting City. The sessions on Tuesday 19th were: "Particular characteristics of the software industry and mechanical and electrical inventions", "Cross-licensing of patents in the software industry" and "Creative commons; impact of licensing scheme". The long session ended with a relaxed dinner and a little dancing at the legendary club Tropicana, created in 1939 and internationally renowned by artists who performed there, the music, the beauty of the dancers and the quality of the shows.
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Sugar! Irina Terra (E.C.V. & Asociados, Venezuela), Roberto Ríos (Hoglund & Pamias, Puerto Rico), Francisco Perdomo (Sucre, Briceño & Co, Panamá) and Natalia Arango Botero (Romero Raad Abogados, Colombia)
Men of experience. José Carlos Tinoco Soares (Tinoco Soares & Filho Ltda., Brazil) and Reynold San Pedro Vazquez (Consultoría Jurídica Internacional, Cuba)
Women in power. Juli Gutiérrez (Estudio Muñiz, Ramírez, Pérez-Taiman & Olaya, Peru), Monserrat Alfaro (Unimark, Costa Rica), Margarita Romero (Marklaw Abogados, Ecuador), Wallis Pons (Biaggi & Messina, DominicanRepublic), Yolanda Oropeza (Jalife Caballero, Mexico) and Melissa Mora (Rucavado & Rucavado Abogados, Costa Rica)
On Wednesday, those who still had energy enjoyed a trip to the eternal beaches of Varadero city. Afterward, they all said good-bye until December, when the Dominican Republic will receive the 9th Congress of ASIPI.
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INTERVIEW // WITH GONZALO BARBOZA
«Working in this company is a guarantee for
non-boredom»IF WE PUT A TALENTED LAWYER TO MANAGE THE TRADEMARK PORTFOLIO OF A COMPANY, WHAT WOULD HAPPEN? WE ASK THE ARGENTINE GONZALO BARBOZA, INTELLECTUAL PROPERTY MANAGER AT RED BULL IN SANTA MONICA.
Originally from the neighborhood of Palermo, he has spent nearly seven years outside his native country for professional reasons. And although he is only 31, he already has a 13 year long career. He started working in a law firm at 18, while still a law student at the University of Buenos Aires. "It was a boutique firm specializing in IP which a few years later became the Industrial Property Depart-ment at Pérez Alati, Grondona, Benítez, Arntsen y Martínez de Hoz (h), one of the m o s t i m p o r t a n t l a w f i r m s o f
Argentina”. There, he worked for over seven years and in 2007, when he won a scholarship to do a masters on IP at the University of Alicante, he went to Spain. Upon completion of his studies he was offered work at Lovells' Alicante branch, currently Hogan Lovells, handling matters on community trademarks and designs. "It was a great experience, he says, not only for what it meant to work in one of the most important international firms in our specialty but because it allowed me to make contacts and learn from some of the most knowledgeable lawyers in the field". He stayed at Lovells two years and then went to work for Red Bull. "The first year I worked at the company headquarters in Austria, minding enforcement matters for Europe and it's been three years since I have been at Red Bull USA, in Santa Monica, California, currently as the director of IP for America". He got married to an Argentine woman and in his spare time he enjoys reading, sports and traveling. He says that if he wasn't a lawyer, he would be an anthropol-ogist, historian or philosopher. "I am very interested in these disciplines and read a lot about them", he says.
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«I THINK THE BEST THING ABOUT AMERICA IS THAT IT IS A TRUE MERITOCRACY»
Next, is the conversation he had with Marcasur.
Gonzalo, tell us how the opportunity arose to come to work in the United States. I was in Austria doing enforcement for Europe and the company needed someone to fill the post of IP counsel for America. The fact that I had worked several years in Argentina and had some knowledge of Latin American law contributed to get the position. I was immediately interested in the proposal because it gave me the opportunity to work for Latin America, which was a market I knew well and where I felt I could make a contribution. But the big challenge was the United States. As you know, law and practice in this country is quite different from Latin America. Moreover, it usually is the largest market for multinational companies, and Red Bull is no exception. This represented an interesting challenge for me.
Why did you choose the US? How was your entry at the professional market in US?I chose to go to the United States precisely because of the challenge it posed. I was not an expert on American law and had to quickly become one. It was a real sink or swim situation, as they say here. There was no time for a gradual adaptation. And the adaptation not only had to do with the legal field but also with the working method in general. I think it is a market with a high level of pressure and it offers very little room for error, mainly because of the importance to the company. The costs of any litigation are enormous, so a wrong advice or risk miscalculation can cost the company millions.
What was the best thing you found out about this country? I think the best thing about America is that it is a true meritocracy. All that matters here is what one knows and can contrib-ute. It is rewarding and a great motivation to work with these rules. Personally, the first thing I liked about this country was the weather, even if it sounds ridiculous. I had spent a whole year in Salzburg, where the winter is long and sometimes goes weeks without sunshine. One may not realize the influence that the climate has over people until one spends some time living in such places. And the weather also affects people. In Austria people are more apathetic and cold. As a Latin, I suffered a lot, so coming to Southern California, where there is a sort of permanent summer, was very pleasant.
And the worst? The worst thing I found when I moved to California is the level of superficiality and glitz that there is in a city like Los Angeles. Santa Monica, where I live, is considered part of Greater Los Angeles. I am convinced that the same can not be said of the whole country, but perhaps for being the epicenter of the entertainment world, people in L. A. are particularly shallow.
How would you define the American lawyer and his style?The American lawyer is extremely competitive. He may also be somewhat conservative in his risk analysis given the high level of litigation that exists in the country and the huge costs of the legal proceedings.
Let us talk about your work at Red Bull. What are basically your tasks? Broadly speaking, my job is to advise the
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«HAVING REGIONAL LAWYERS ALLOW US TO BE CLOSER TO THE MARKET AND UNDERSTAND THE UNIQUE NEEDS OF EACH REGION»
other departments of the company in all that relates to the protection of our intellectual and industrial property in my region and coordinate the legal actions with our lawyers in each country. Mainly, I deal with the enforcement of our intellec-tual property rights, i.e. litigation, oppositions, cancellations, etc. We also have lots of brand licensing work.
In general, how do you manage the Red Bull trademark?We have a Prosecution team based in Austria that coordinates all submissions and renewals of trademarks worldwide. We have a very comprehensive database that allows us to have complete control of everything that happens to our portfolio globally. The enforcement is done regionally. We have the world divided into three regions: the Americas, Europe and APMEA (Asia, Pacific, Middle East and Africa). There is a lawyer in charge of each region, who has a team that assists him. Having regional lawyers allow us to be closer to the market and understand the unique needs of each region.
Who makes up the team? My Santa Monica team is made up of three people: a lawyer and two paralegals. They are young but very competent and experienced in IP.
What are Red Bull business interests today?Of course our primary interest remains on the energy drink, because it is our star product, which allows us to have such a creative range of marketing projects. However, Red Bull has also successfully positioned its trademark in areas other than the drinks one such as sports or music. For decades, Red Bull has sponsored athletes and music and sport
events, and its strategy has paid dividends. A concrete example is Formula 1, where the company has been involved for 18 years. Red Bull Racing was just conse-crated as champion of the Builders Cup category for the third year in a row, which brings an enormous brand exposure to the world. And then there are always new projects each year, which in some cases are truly unique, as was Red Bull Stratos in 2012, an event in which the Austrian skydiver Felix Baumgartner was elevated into the stratosphere in a capsule driven by a helium balloon and launched into space from a height of nearly 40,000 meters. With this jump, Felix achieved several world records, including being the first human to break the sound barrier in free fall. This event showcases the culture of Red Bull: always go for more; pushing the boundaries...Another point of particular interest for the company is the creation and distribution of audiovisual and graphic content. Today Red Bull is a media company as well as a beverage manufacturer, and continuing developing this business is one of its main objectives.
How do you handle the hiring of external law firms or lawyers?We have a hybrid system. Much of the work is done in-house, such as licenses, and there are certain matters that are managed through external lawyers.
What things are the most important? Red Bull is not only a leading trademark in its segment in most countries where it is marketed, but it is the creator of the segment. This means that competitors appear constantly (and also companies from other sectors) that imitate or try to associate themselves in different ways with the fame and prestige of the trademark.
Therefore, the most important thing for us is to repel any competitor that uses illegitimate means to position their products and thereby protect both the integrity and value of the trademark as well as our consumers, avoiding situations of confusion or false association in the market. Keeping the market free of products that infringe our rights and avoiding the dilution of our trademark are without doubt the most important and in turn complex tasks we have in the IP department.
What do you feel is your greatest contribution to Red Bull?Perhaps always trying to find creative and efficient solutions to the problems that arise. I think our role in the entire IP team —not just me—is the other side of the coin of the successful marketing strategy of Red Bull. All the events, sponsorships, etc., require a huge investment, which, without an aggressive strategy of protection and prosecution of offenders, would be a total waste.
What about your future? Is it time to accept other challenges?Red Bull is an ongoing challenge. It is a very dynamic company, always looking to expand its boundaries. I have talked previously of Red Bull Stratos, which is a clear example of that. In turn, Red Bull has been positioning itself in the last years as a media company that creates and distrib-utes content, which brings with it a handful of challenges.
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GOING FOR
LAWYERS IN THEIR FREE TIME
Rolling in the Deep. "A few years ago I sang at my work's New Year's Eve party, but I decided to wear a wig of straight and short dark hair (very different than me) and I started with the first song. Seeing that nobody recogni-zed me... I took off the wig in the middle of the song and it was very funny to see how their faces changed, they could not believe what they were seeing and hearing".The protagonist of this story, Mercedes Bullrich (Buenos Aires, 1966), a partner in Mitrani, Caballero, Ojam & Ruiz Moreno, a graduate in Operations Research and Industrial Property agent, liked to sing from an early age. "At 10 I started taking guitar lessons and I was able to start practicing. Then followed the school choir, the concert in fifth grade and family gatherings".She likes to convey what she feels when she sings. "Singing makes me feel good and it is a passion I share with my family, because some of them play instruments and we rehearse together. They are the most critical and their impressions and advice help me to improve myself".Overall, she prefers the music in English than in Spanish. "I connect more naturally. I sing what I like and I get it right, I have no specific genre”. Lately, she has learned songs from Adele and Amy Winehouse. "I like them a lot. In general, I prefer English singers over American. And if I had to choose a song, it would be Rolling in the Deep, by Adele".
MOREARGENTINE MERCEDES BULLRICH AND MEXICAN SERGIO MADRAZO ARE THRILLED TO DO WHAT THEY LIKE JUST BECAUSE IT IS FUN, AND INTERVIEWED BY MARCASUR, THEY TELL HAVE WHAT THEY DO AND HOW THEY DO IT.
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POR MÁS
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She takes classes twice a week and practices at home and in the car. "I do not sing much in front of public, although last year I dared and sang with some friends in a bar, it was really fun", she recalls. Then, when asked whether one is born with good ear or it develops with practice, she replied: "If you have good ear you can work your voice, the breathing, and the necessary muscles to sing with better technique and learn to sing better. This was my case. Whenever I sang my husband wondered why I did not take classes, because I was good. He insisted so that I finally did it, and over the years I feel that I improved a lot. The technique helps, but if one has not have ear, it is very difficult", she concludes.When speaking of satisfactions, her happiness is absolute. "It gave me the opportunity, for example, to sing in the wedding party of a colleague and friend. I have found within our profession many people who love to sing, and it is very good to have other points of contact withcustomers and friends". Her goal is to always keep improving and to sing songs that when started, never thought she could do.
Reaching the finishing line. As a boy he played football and athletics. His first coaches were physical education teachers at his school and from then he acquired the habit of exercising. At 30 years old he began practicing triathlons where he was invited by friends, and then he went from triathlons to marathons."At a dinner with friends we decided to run the New York marathon, among jokes and challenges, we decided it and that is how I started", says Sergio Madrazo (Mexico DF, 1967), lawyer and partner of Link International of Mexico.Convinced that running does not only improve physically but also relaxes mentally, he assures that it helps him to overcome obstacles in any other activity. "You stop thinking about everyday problems and are focused on the development of the exercise and the fulfillment of your daily goal. There are times when you almost stop and not finish; it is at that point where you willfully overcome fatigue and those same seconds are the ones that make you overcome a lot of obstacles in daily life", he says with conviction. "That is why I like running".Sergio has self-taught himself in sport. He has trained with readings, advice from friends and long personal experien-ce. He runs at least five times a week and if he had to choose the place, he would pick the woods near his home. “Although many times unfortunately —he points—, because of work schedules and travel, I have to train in the
gym". Scheduling the times as a runner and as a lawyer was not difficult for him. "The really difficult thing, he says, is harmonizing with your colleagues, friends and family around a preparation that requires not staying up late and having a healthy diet". He affirms that he has run the marathons of Mexico City, New York, Miami, Las Vegas and Queretaro, among others. And this year he is going for the Chicago marathon. "The spirit of a marathon depends heavily on the city, the organi-zers and the type of runners, he explains, but in general, you can describe it as the day when the preparation stage ends and you have fun". Asked what he considers his greatest achievement, he replied: "the greatest achievement is to finish the race despite any adversity that arises on the develop-ment of competition. But if I had to choose one, it would be finishing the New York marathon with my friends, despite multiple setbacks". His best score? 3h 47' at the Miami Marathon.
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Bestseller
butkidding
seriously
I was waiting for a much delayed flight at an airport in the United States. Bored of playing Candy Crush on the cell phone and visiting the free shop a thousand times, I observed those who, like me, were waiting and were on the verge of being overwhelmed. Suddenly among them I discovered a Latin American writer, famous for his legal novel which was a worldwide bestseller. I shook my almost asleep head and introduced myself. "I'm a lawyer", I said, knowing he was one too. I confirmed it by looking at the material around him: Law manuals, specialized magazines, two Chambers directories, endless notes and even the Constitution of Finland. "A pleasure. I am working on the sequel to my book", he apologized as he stopped writing on his computer and removed papers so I could sit on one of the seats. I told him I had read his novel and was impressed by the accuracy with which he described the legal world. He said it was due to his experience as a lawyer until a short time ago at the renowned New York law firm Grisham&Grisham. "And when did you decide to stop practicing to start writing?" I com-mented, immediately noticing a huge surprise on his face. "I have just recently
stopped working as a lawyer: I wrote the book during my working hours", he clarified, generating on me a surprise even bigger than his. "But, how did you have the time to do both?" I asked, not believing what I had just heard, while the airport announced that the flight was delayed another hour, a common situation when one is desperate to get home. "Ah, it was easy!" he said in a very relaxed tone, tucking his hands behind his head. "I got in the law firm at 29 years old. We were about 250 junior lawyers organized into groups to address each case. We were supervised by a tutor who drafted the final reports and was in contact with the team leader, the partner in charge of the law area related to the case. We did not talk with the partners. We recognized them from their individ-ual lifts, special dining rooms, German cars and their clothes: tailored suits, fitted silk shirts, Swiss watches, French ties and Italian shoes", he said.“One day they fired the tutor and referred me to the Department of Human Resources, where I was appointed to another group tutor, who said he would call me to specify my tasks. He never called. I arrived to the firm every day, sat and waited for his call. A week later, with nothing to do and without him having returned my calls, I decided to kill time writing a legal novel I had imagined as a teenager", he continued. "When my colleagues asked what case I was working on, I responded 'a verdict of a Finnish case'. In fact I was actually doing that, only it was for my novel and not for work!” he smiled.
"It went like that for a year and a half. I finished the novel, which was published by a small publishing company; had exorbitant sales and in time, I was rich and famous. I decided to leave the law firm and right on my last day I received the long awaited call from my tutor: the senior partner, the CEO and all the partners of the firm wanted to meet me. Guided by a secretary out of a fashion magazine, I went up to an office apartment that I had never seen, with a glazed VIP section watching the city from the sky".“'Congratulations! It is exemplary that you managed to write that story with all the hard work you had in the firm', the partners told me at a luncheon full of praise. Then I said goodbye forever and I thought about what would have to happen to any of my former teammates in order to sit in my place and be treated this way: 'Undoubtedly, if they want to reach the top they should try to succeed in another area'”, I reflected as I left".
42 www.marcasur.com
PARAGUAYPARAGUAY INTRODUCES COMPETITION LAW
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CENTRAL AMERICAN DEPUTY MINISTERS
LATAM IP NEWS
PANAMA
COLOMBIA
COSTA RICA
PERU
EL SALVADOR
CORPORATE SPIN-OFF (ESCISIÓN) IN PANAMA
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REGULATORY APPROVALS FOR PRODUCTS SUBJECT TO SANITARY
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TRADEMARK FOR WORLDWIDE REVIVAL CENTER
MARCASUR INTERNATIONAL NEWS
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GENERATING PATENT APPLICATIONS FROM PERUVIAN
By Edy Guadalupe Portal, Portal & Asociados
By María del Pilar López, Zürcher Lawyers
By Francisco Espinosa Reboa, Francisco Espinosa Bellido
By Ricardo A. Moreno C., Alfaro, Ferrer & Ramírez
By Vera Abogados
By Yolanda Pereira, Berkemeyer Attorneys & Counselors
The Deputy Ministers of Commerce of Central America and European Union Officials reviewed the implementation of the Association Agreement between both regions that will be launched in August, reported an official source.
The government of Costa Rica in strong coordination with the Ministry of Health is working on the implementation of an electronic system for the approval of products subject to sanitary regulation.
The National Institute of Defense of Competition and Protection of Intellectual Property (INDECOPI) launched on 2011 a program called “Patent Generation in Peruvian Universities”, with the objective of promote innovation and research through universities and technological centers, and to legally protect the results of such work.
Law 4956/13 On the Defense of Competition was promulgated on June 21, 2013. The scope of the Law includes state monopolies and has extraterritorial r e a c h t o t h e e x t e n t t h a t t h e anticompetitive conduct affects the local market.
MEXICOINDIA RECOGNIZES THE MEXICAN TEQUILA
By Nuria Becerril, Becerril, Coca & Becerril, S.C.
June 4th, 2013 was a great day for Mexico and the Consejo Regulador del Tequila (CRT) in their quest of protecting the Mexican Tequila Denomination of Origin all around the world.
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REGULATION WILL BE HANDLED ELECTRONICALLY
The recently enacted Law No. 85 of November 22, 2012, which modifies certain provisions of the Panamanian Commercial Code, establishes the legal framework for the spin-off under Panamanian law.
The Worldwide Revival Center appealed a Superintendence of Industry and Commerce of Colombia (SIC) ruling that denied the trademark application for "Avivados".
REVISE IMPLEMENTATION OF AGREEMENT WITH EU
IN COSTA RICA
UNIVERSITIES
DENOMINATION OF ORIGIN
PANAMAPANAMA, LEADER IN COUNTERFEITING AND PIRACY
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By María Laura Pérez Guardia & Alberto Villageliu A., Alfaro, Ferrer & Ramírez
A year ago, the Republic of Panama received the "Yolanda Benitez" award, which is granted yearly by the World Customs Organization (WCO) for outstanding achievements in the battle against piracy and counterfeiting.
43 www.marcasur.com
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LATAM IP NEWS
PUERTO RICO
PUERTO RICO
ECUADOR
HONDURAS
BOLIVIA
HECHO EN PUERTO RICO
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CAMPAIGN FOR THE DEFENSE OF IP RIGHTS OF FIFA AND THE OFFICIAL
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UNIVERSITY PROVIDES HANDS-ON TO STUDENTS AND SERVICES
MARCASUR INTERNATIONAL NEWS
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READ MOREAGREEMENT BETWEEN HONDURAS AND EU
By Pilar Soruco, Orpan
By Rafael González-Gómez de la Torre, Pérez Bustamante & Ponce
By Bufete Mejía
By Germán Corcino Medina, Ferraiuoli LLC
By Víctor Rodríguez-Reyes, Ferraiuoli LLC
Illegal downloading, distribution and commercialization of DVD and Blu-ray movies in Bolivia generates around 40 million dollars per year.
Upon the imminent and famous world football championship to be held in Brazil in almost a year, it is amazing to witness the proliferation of advertisements in connection with the World Cup.
After six years of negotiations the Association Agreement between Central America and the European Union (EU) will be launched on August 1st.
URUGUAYWORLD BANK RULING ON URUGUAY-PHILIP MORRIS CASE
By Pittaluga Abogados
The International Centre for Settlement of Investment Disputes of the World Bank (ICSID) accepted jurisdiction to hear a claim that Uruguay violated multiple provisions of its Bilateral Investment Treaty (BIT) with Switzerland, therefore allowing the litigation against Philip Morris to continue. READ MORE
SPONSORS OFTEN GOES BEYOND MERE VIGILANCE
Act 50 of March 13, 1913 created the Puerto Rico Products Association (PRPA), and in tandem it conceived a certification mark (the “Mark”) consisting of a golden seal, shaped in the form of a wheel, with the words “Hecho en Puerto Rico” (“Made in Puerto Rico”) inside.
Interest in the knowledge economy continuous to grow in Puerto Rico. Institutions are directing their attention to the development of and protection of intellectual property. The University of Puerto Rico Law School is one example of this trend.
PIRACY GENERATES 40 MILLION DOLLARS PER YEAR VENEZUELATHE PERU BRAND USED IN VENEZUELA TO SUPPORT
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By Joaquín Núñez, Hoet Peláez Castillo & Duque
During the last decade the Latin American politics have brought about controversial situations among several countries in the region. Unfortunately, other factors related to economic integration have prevailed over the protection and safety of intellectual assets.
NICOLAS MADURO’S GOVERNMENT
TO THE COMMUNITY IN THE IP FIELD
APRIL / JUNE 2 0 1 3 4516 www.marcasur.comwww.marcasur.com
A growing niche thatwe should not ignore
opinion
By Jaime Velásquez
Vera abogados
In recent years, the world has seen a significant growth in the number of companies who join social networks to create new business.
In this globalized world, the need to share experiences and opinions through social networks has increased to the point that the existence and success of companies, including law firms, depend on a constant presence in this new social environment.It is no longer enough to simply upload business data to a website to attract potential customers and keep the ones you have. The new trends of information require generating interesting content on a specific theme, which adds value to the company.The possibility to gain visibility with better content is of special value for the company, as it allows immediate feedback from social networks about the company's image, management and services. More and more, users are getting their information from social networks to make business decisions.This —more attractive— information gives the users tools to approach a better market experience by allowing them to share views and experiences on the company as well as an alternative method to get a clear idea about their future business relationship.A good experience reflects, therefore, an increase in the number of followers that can reach a business profile and facili-tates both the user and the company a reliable way to determine its success, both at personal and business level. Many companies are aware of these advantages and have been successfully incorporated into popular networks like Facebook. With more than 1.06 billion registered users, Facebook has the largest number of users worldwide, and an equally impressive market capitaliza-tion of USD 61,400 million, similar to the GDP of many developing countries.
Social networks.
It is followed by Twitter, with a figure close to 500 million users, Google+ with 345 million users and LinkedIn, with 200 million users.This large number of potential customers also opens a way to expand local markets to new frontiers, for a global exchange of views, experiences, products and services with better quality at lower costs. The social media presence can provide high value to our business, because it gets us closer to businesses and users with whom we want to communicate. Thus, we strengthen our brand and give more relevance to our products and services in a more effective and less intrusive way.This free exchange leads to an unex-pected change: it is no longer the company that guides the consumer, now it is the customer who tips the scales and determines whether to discard or reaffirm the success of a company.
Jaime Velásquez. Social Communicator at Sergio Arboleda University, with emphasis on digital media design, image design, and brand development. Professional in charge of the management and documentation of occur-rences of possible trademark infringements. His e-mail is [email protected] t t p s : / / t w i t t e r. c o m / V E R A A B O G A D O Shttps://www.facebook.com/VERAAbogadosAsociados
ABRIL / JUNIO 2 0 1 3 6746 www.marcasur.comwww.marcasur.com
Everwonderful
M
Caipirinha is up. Kevin Nachtrab (Lesi) withRodolfo Martínez (Martínez & Associados, Brazil)
Thanks a lot. Organizing Committee members are congratulated for their work.
THE LICENSING EXECUTIVES SOCIETY INTERNATIONAL (LESI) HELD FROM 7TH TO 10TH APRIL ITS ANNUAL CONFERENCE IN RIO DE JANEIRO, BRAZIL. OVER 300 ATTENDEES FROM NEARLY 50 COUNTRIES GATHERED TO DISCUSS THE TOPIC «CHANGE AND CHALLENGE: COMMERCIALIZING TECHNOLOGY IN A CHANGING WORLD».
One of the featured speakers was Rodolfo Martínez, president of LES Brazil, who spoke on the speed of technological advance, from the Apollo XI space mission to notebooks and smartphones, and how this requires that professionals in that field come up with innovative solutions for technology marketing. Luiz Fux, Minister of the Federal Supreme Court of Brazil, and Randall Rader, president of the Court of Appeals for the Federal Circuit of the United States, opened the plenary sessions of the conference, also attended by Marcos Troyo (“From Deep Globalization
to the Risk of De-Globalization") and Sharon Lechter ("Building your Brand Using Other People's Money"). Meanwhile, all LESI committees were represented in the 32 workshops held during the three-day event. Also, as often happens in Rio, the social program was intense and enjoyable. The opening reception on Sunday evening was graced by the best music of the country, the bossa nova, while on Monday there were traditional dances for the occasion of the dinner at the Clube Caiçaras, with a spectacular view of Cristo Redentor. It culminated with the closing dinner at the Yacht Club of Rio de Janeiro, in which participants were invited to use the colors of the national soccer team of their respective countries, to the rhythm of the show of a major samba school from Rio.
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