INTA Addresses Key Intellectual Property Issues with Officials in Chile and Ecuador

Published: August 15, 2019

Less than a month after Loreto Bresky Ruiz assumed the role of National Director of the Chilean National Institute of Industrial Property (INAPI), on July 19, she welcomed an INTA delegation led by INTA Chief Representative Officer, Latin America and the Caribbean Office José Luis Londoño; INTA Associate, Latin America and the Caribbean Office Agustina Davis; INTA Trademark Office Practices Committee (TOPC) member Francisco Silva (Silva, Chile); and Famous and Well-Known Marks Committee member Sofía Covarrubias (Covarrubias & Cia., Chile).

At the meeting, which took place at INAPI’s offices, INTA representatives reiterated the Association’s willingness to collaborate with INAPI by offering trainings within the organization. Mr. Silva explained how the TOPC works to create effective trainings customized to fit the needs of each intellectual property (IP) office. Such trainings, he noted, are particularly relevant in light of the fact that the Chilean Congress is considering a bill that would modify Chile’s Industrial Property Law. The bill aims to add to existing legislative provisions regarding trademark cancellation due to lack of use, as well as nontraditional trademark protections, which are not regulated in the current legislation. Ms. Bresky welcomed the idea of establishing a cooperative relationship between INTA and INAPI.

INTA representatives took the opportunity to highlight the Association’s recently launched study, “Gen Z Insights: Brand and Counterfeit Products,” as well as the partnership between INTA and the Chilean National Trade Foundation for Education (Fundación COMEDUC) regarding INTA’s Unreal Campaign, which educates young consumers about the dangers of counterfeits and the importance of trademarks and brands.

Mr. Londoño explained that INTA would soon be launching the second edition of its impact study, titled “Trademarks in Latin America: A study of their economic impact in 10 countries in the region,” conducted by INTA and the Inter-American Association of Intellectual Property (ASIPI). He noted that the new study includes Chile (along with Argentina, Brazil, Colombia, Costa Rica, Dominican Republic, Guatemala, Mexico, Panama, and Peru) and welcomed the INAPI’s essential support in the study’s launch and dissemination in Chile.

INTA Provides Comments on IP Challenges in Ecuador

INTA, ASIPI, and the Ecuadorian Chamber of Industries and Production on July 19 sent an official letter to Ecuador’s Ministry of Production, External Commerce, Investment and Fishing. The letter was a result of a delegation to Quito, Ecuador, this spring, during which INTA held talks with several government officials and judicial authorities, including the Vice Minister of Industries and Productivity, authorities from the National Customs Office, the Ecuadorian National Service of Intellectual Rights (SENADI), and the Ecuadorian Chamber of Industries and Production. After these meetings, the authorities and the delegation agreed to submit a letter with relevant information regarding key IP challenges in Ecuador.

The letter aimed to explain the impact of the Ecuadorian IP law, commonly called “Código de Ingenios” (the Code), particularly with respect to the new anticounterfeiting functions assigned to the Ecuadorian Patent and Trademark Office (IEPI). It also expressed concern regarding the lack of regulation of new subject matter contained in the Code, such as a famous marks registry, and the budgetary concerns relating to the IEPI.

INTA Discusses IP Concerns with National Director of SENADI

Mr. Londoño and Ms. Davis on July 12 participated in a roundtable discussion on Ecuador’s IP issues. The event was hosted by the Licensing Executives Society at the offices of Alessandri Attorneys at Law (Allessandri) in Santiago, Chile.

National Director of SENADI Santiago Cevallos Mena spoke about the changes in Ecuadorian IP law and how they have been implemented by SENADI. Mr. Mena commented on a recent copyright case, in which SENADI activated preliminary injunctions against Internet service providers who were broadcasting sports events without the copyright holder’s permission. He also focused on tech transfer and access to Ecuador’s traditional knowledge, among other matters regulated by the Code.

INTA representatives discussed such key concerns as the protection of famous and well-known marks, the IEPI’s new anticounterfeiting functions and their effectiveness, and the official fees schedule and the rationale behind them-and offered the Association’s support for solid regulation and capacity building to this “new” institution in Ecuador.

The Unreal Campaign Extends Its Reach in Chile

After Chilean winter school break, on August 12, Ms. Davis gave two Unreal Campaign presentations at the Instituto Superior de Comercio Alberto Brest school in Viña del Mar, Chile as part of INTA’s collaboration with Fundación COMEDUC, reaching more than 100 students. To date, through the partnership INTA members have given 20 presentations to 1,100 students in Chile.

Looking forward into the summer and fall, several presentations are planned in late August, September, and October, with an anticipated combined audience of 900 additional students-bringing the total to approximately 2,000.

INTA’s Latin America and the Caribbean Representative Office, based in Santiago, Chile, represents the Association’s 716 members across the region. Working in collaboration with staff at INTA’s headquarters in New York City, the Latin America and the Caribbean Representative Office leads the Association’s policy, membership, marketing, and communications initiatives throughout this region. To learn more about INTA’s activities in Latin America and the Caribbean, please contact INTA Chief Representative Officer of the Latin America and the Caribbean Office José Luis Londoño at [email protected].

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.

© 2019 International Trademark Association