Revolution Room Venetian Room Millenium Room Administration of Law Firms Committee Data Protection Committee Enterprise Committee Anti-Counterfeiting Committee Traditional Knowledge Committee Franchises Committee Competition Law Committee Sports Law Committee Regulations Committee Copyright Law Committee Industrial Design and Trade Dress Committee Technology Committee Entertainment Law Committee Education Committee Fashion Law Committee Social Responsibility Geographical Indications Committee Country guides Committee Trademarks Committee Mediation, Conciliation and Arbitration Committee Patents Committee Regulations Committee Dress code: Business Casual
How well-known is the well-known trademark in laws and jurisprudence?
The well-known trademark gained ground towards the end of the XX century and beginnings of the XXI; At the time of the new century, the joint recommendation concerning the provisions on the protection of well-known marks within WIPO, prior and concurrent to this, is being followed by many countries elaborating more on this figure in their domestic rules. In many legal texts it is indicated, as in the recommendation already mentioned, that in order to determine notoriety, the competent authority will take into consideration any circumstance from which it can be inferred. However, invoking the notoriety of a trademark for purposes of protection in administrative and judicial proceedings, entails for the claimant the burden of a complex requirement of evidence, ...
INDECOPI - Peru
(Español) Duclos, Thorne, Mollet-Viéville & Partners - FranciaDuclos, Thorne, Mollet-Viéville & Partners - France
Adidas International Marketing B - Netherlands
Moderator - Comte & Font Legalsa (Guatemala)
Inventive level: When the expert examination does not value the result
The conditions or requirements for patentability have been harmonized at the international level, but this does not mean that they are interpreted equally in each country where they are applied and less so that they are applied correctly. The “inventive level” condition is considered to be the most difficult to assess. As a result of this complexity, there is a risk that a bad evaluation will result in the refusal of the patent application for an invention, which implies, among other things, economic and competitive effects. Many cases of rejection, arguing lack of inventive level, have been or are sustained in the existence of known elements without adequately analyzing the result that is presented with the invention. In many cases, ...
Harmonization of Norms or Concentration in Trademark Registration Processes? The Andean Community Model
A trademark registration system concentrated in an international entity? A system of normative harmonization without concentration of registration functions? Reduce the scope of competence and management of local offices? Standardize applicable rules? Or absolute territoriality? These questions are discussed in several countries in Latin America, where the Andean Community model is a reference, a scheme that, without proposing registration concentration in an entity or country, favors the dialectic system through predictability, in several jurisdictions, through harmonized standards. Speakers will present on this system and the aspects that highlight it, the strengths and opportunities for improvement.
IoT – Internet of Things: what should we focus in?
Internet of Things (IoT) is now the hottest topic of discussion in the technology field. This term coined by Kevin Ashton from the Massachusetts Institute of Technology (MIT) in 1999, relates to a network between devices and physical objects interconnected via the Internet, using sensors, communication and measuring mechanisms, among others, to generate information and receive information systematically. IoT is a revolutionary process that is transforming the way businesses and consumers interact; just consider that in 2017, there are substantially more devices connected to the Internet than people worldwide. This interconnectivity will result in a global market of stratospheric numbers. There are many who believe that intellectual property rights may limit or slow the growth of IoT, especially through patents ...
Free Zones: freedom for piracy and counterfeit?
Free zones are defined as geographical areas or areas under a special state qualification, which enjoy a differentiated and exceptional customs and tax regime, with respect to the regime of customs and fiscal that apply in a country. Notwithstanding the objectives with which free zones were conceived, in practice, many users of free zones abuse the customs and tax privileges they enjoy and, under a reduced control of authorities and public forces, lead to conduct commercial operations of counterfeit and pirated products, using the free zone area as a center for the management, packaging and distribution of illicit products. Speakers will share their views and experiences regarding the relation between free zones and infringement of intellectual property, as well as ...
Workshop 1: Domain Name dispute resolution
Domain names are “identifiers” on the Internet, which in the 21st century has had a spectacular expansion that has led it to become the largest existing business platform. Thus, for almost 20 years, domain names have been acquiring a role as “commercial identifiers” that in cases come into conflict with “commercial identifiers” categorized under the system of distinctive signs protected by intellectual property rights , in particular by the so-called “cybersquatting”. There are no international treaties dealing with the problems and conflicts between domain names and the distinctive signs referred to. There are uniform and binding procedures at the international level, implemented by ICANN (Internet Corporation for Assigned Names and Numbers) through the Uniform Domain Name Dispute Resolution Policy, which ...
Workshop 2: Habeas Data: regulation on personal databases
The technology has enabled more immediate and sophisticated means for the collection of personal data and its transmission between different entities located in the same or different countries. Countries aware of the need to preserve the right to privacy and protection of personal data have generated legislation to that end. International organizations have played a significant role in this effort. The OECD, for example, developed a guide for the protection of privacy and cross-border traffic of personal data, which added to the motivation of several of its member countries to implement local laws. In addition to personal privacy issues, risks were also identified as a result of the disparity in the treatment of the subject by domestic laws that could ...
Workshop 3: Getting Legally Ready for a Start Up
The excitement and the adrenaline are especially present when starting with a venture. The dynamics of the implementation of a project can result in people giving little attention to the legal aspects that give certainty to the relationships between entrepreneurs and third parties. This entails vulnerabilities. Legal advice for an entrepreneur prior to and during the start-up of a business is vital. During the workshop, it will be reviewed the “check list” to be covered in this legal accompaniment and it will be discussed the legal route to be followed before or parallel to the gestation and birth of the business. Questions such as: Which relationships should be defined between the partners – if there is more than one entrepreneur ...
Workshop 4: Trademarks (Nice and Viena) and Industrial Designs (Locarno) International Classifications
The classification systems facilitate the grouping of certain information according to pre-established parameters. This information allows the generation of systematic databases that in turn enable more efficient and orderly consultation. In Intellectual Property, particularly for those categories in which it applies an attributive system of rights, international classification systems constitute relevant tools for registration purposes and, in the context of enormous amounts of information, for the performance of searches that provide Information about the existence of antecedents (or their non-existence by not reflecting the information). Often, users of the intellectual property system (and even registrars) are not adequately aware of international classification systems, which may affect the scope of the legal guardianship sought or result in incorrect searches or incomplete. ...
Location: Golf Club Time: 3:30 pm – 8:00 pm Departure starting at 2:30 pm from the lobby of the Hilton Hotel First return at 6:00 pm, the next at 8:00 pm * Important: Lunch included, don’t forget to bring Sunblock, hat, sun glasses, comfortable clothes, bathing suit or short, towel
From subtlety to impudence: Imitating the market leaders (trade dress)
Is it worth to imitate or resemble the leader in the market; is this freedom of industry, commerce and work? Markets and consumers demand information and transparency. Packaging and containers, the appearance and forms or trade dress of the products are precisely suppliers and communicators of information, hence entrepreneurs make important efforts to develop and consolidate those elements that are essential in their relationship with consumers and for their differentiation with other competitors. There must be the possibility of entrepreneurs competing in freedom but without restricting or distorting or eliminating competition between them. We often see how some competitors launch products with “look and feel”, “the concept” or “trade dress” similar to other competitors and this activates sending “cease and ...
My client has the App of the century. How do I protect it?
We are increasingly dependent on computer technology. Work, interaction and recreation are today linked to hardware and software. The protection of software and applications is not uniform; some legislations provide protection under the patent of invention and others, under copyright; in some cases, each category is applied under certain conditions. The criteria can vary from country to country and protection may be inappropriate for times of management. In the entertainment industry, video games and apps are skyrocketing, creators and investors need clarity, speed and certainty as to the legal way to protect their rights. Speakers will make a presentation that will take us through comparative law and the options they apply for the protection of these creations, the problems that ...
Trends in Labels Regulations. Requiem to Trademark Law?
Trademarks and labels are capacitors and communicators of information. These signs allow a greater transparency in the market and are constituted for the consumer in a reference of the business source, quality and guarantee (among others), thus assisting him to opt for the product or service of his preference in a more informed way. Trademarks and labels also allow to fight against spurious products and fight those who unscrupulously use third-party trademarks to surprise consumers with the risk of affecting their health and integrity. At a multilateral and national level, regulations have been developed to regulate the information contained in product labels and the characteristics of the packaging and label, in many cases, displacing the trademark or copying the product ...
Native advertising has developed significantly and rapidly since 2013, driven by social networks. It’s the hottest thing in digital marketing, the fastest growing investment in advertising. Increasingly, online advertising abandons the intrusive nature and becomes an advertising format that integrates with and respects the user experience. Instead of “hindering” it proposes to add value to the user so that the trademark connects with the interests of the user. Like the chameleon, native advertising is mimicked in the online environment and hence it is usually accompanied by a legend that indicates that it is a promotional or advertising content. The antecedent of this type of advertising can be found in the figure of the “product placement” since the 30’s. Speakers will ...
Social Media and Attorneys: how can firms make efficient and effective use of it?
Social Networks have changed the way we communicate and we inform ourselves: For a certain public, they are already the main source. Facebook, LinkedIn, YouTube and Twitter – among others – are vehicles that give voice to Firms and lawyers and, in turn, are means that can support the development of new businesses. These networks also provide data that become market intelligence and can contribute to the planning and evaluation of the Firms’ work. Attorneys must understand the dynamics of social networks and project through them with content that arouses the interest of the target audience. Speakers will address and share experiences and strategies on how law firms can make an efficient and effective use of social networks.
All Academic Activities will take place at the Hotel Hilton Panamá.
Academic sessions and networking: Business Casual