Intellectual Rights 25, volume II

Intellectual Rights 25, volume II

Definitely ASIPI is a living organization that works hard and takes challenges as opportunities. Not in any other way can we interpret the fact that each year we receive more articles for our now emblematic magazine “Intellectual Rights”.
This time we reached number 25, we celebrated the silver anniversary and we received a record number of papers –21– that deal with all kinds of current issues for the subject that unites us: intellectual property.

In this issue the reader will be able to find information on traditional and no less important topics, analysis on cutting-edge topics that we are just trying to understand and studies that, although they seem to interest only one country, ultimately concern us all.

- Elisabeth Siemsen

Protección de los datos personales relacionados con la salud: estudio a propósito del Covid-19 por Maritza Reátegui Valdivieso, Daniela Supo Calderón y Crisbeth Vigo Florián

Regarding the processing of personal data of patients with Covid–19 in Peru, this academic article analyzes the implications of Peruvian regulation on personal data related to health. In this sense, the au­thors seek to contribute to the debate about the balance between the health rights and the protection of personal data.

Because don’t exist scape anymore by Mario Filipe Cavalcanti de Souza Santos

This article aims to demonstrate that in Brazil for many years there has been a robust regulatory framework applicable to the protec­tion of privacy and personal data of consumers, which operates even when the General Data Protection Law (LGPD) has not begun to rule.

Porque não há mais escapatória por Mario Filipe Cavalcanti de Souza Santos

This article aims to demonstrate that in Brazil for many years there has been a robust regulatory framework applicable to the protec­tion of privacy and personal data of consumers, which operates even when the General Data Protection Law (LGPD) has not begun to rule.

La denominación de origen en Bolivia y Brasil: panorama de su evolución, el singani y la cachaça, negociación Mercosur – UE por Edwin Urquidi y Luciana Noronha

This article offers an overview of the normative and practical evolution of appella­tions of origin in Bolivia and Brazil, also describing the progress made regarding the protection of the emblematic alcoholic spirits of these two countries, SINGANI and CACHAÇA, their significance from the integration blocs of which they are part of the Andean Community of Nations (CAN) and the Southern Common Market (MERCOS­UR) respectively, as well as the status of the current negotiation process carried out by MERCOSUR and the European Union as regional trade blocs and where the issue of appellation of origin is involved. Moreover, this article recognizes the common features of their territories and indigenous and Afro-American population, such as traditional knowledge, collective rights and border products that would make possi­ble the creation of a binational declaration for appellation of origin.

La interrelación entre el derecho de autor y las marcas y el instituto de la cosa juzgada a la luz de lo resuelto por la Corte Suprema de Justicia argentina en el caso “El Eternauta” por Laura Achaval

Drawing from a decision rendered by the Supreme Court of Argentina in the case “El Eternauta”, the author outlines an analysis of the legal concept of res judicata and the interrelation between copyright and trademark law. By examining relevant legislation, academic legal opinion and case law, she dis­cusses several aspects of the res judicata principle, such as content, consti­tutional scope and public policy nature, insofar as the stability of jurisdictional decisions constitutes a necessary prerequisite for legal certainty. As for the interrelation of copyright and trademark law, the author analyzes the protec­tion afforded by both academic legal opinion and case law to works’ titles and main characters and further proposes additional protection based on her ex­perience litigating the case. Finally, she addresses the importance of making a distinction between a copyright assignment agreement and an agreement whereby the ownership of the material form in which the work has been fixed is assigned.

El libro electrónico y los contratos de edición ¿dejando la sombra de papel? Por Luis Gonzalo Ramírez Ramírez

The legislation of the contract for the transfer of the printed book is insuf­ficient to regulate the exploitation of electronic books (Ebooks), since it leaves out rights such as public communication and the right of transfor­mation in digital environments.

Although the regulations of some countries, including Peru, contemplate guiding principles for the transmission of copyright that are applied in the analog and digital world, a regulatory change that gives a “fresh air” to the matter would be convenient, so that digital exploitation of ebooks would be no longer in the shadow of paper book publishing.

Trade dress, aproveitamento parasitário e concorrência – um difícil equilíbrio por Anne Caroline Lapa de Holanda

This paper analyzes the thin line between the need to protect intel­lectual property rights, especially distinctive signs as elements of market differentiation, in the figure of the trade dress and compe­tition. Such analysis is made from the perspective that the restric­tion of competition, free by nature, must be made only as a mech­anism to encourage innovative activity and the fair functioning of the market. It is concluded that, although there is no specific legal provision in Brazil on the institutes of trade dress and free riding, its practical application by the Brazilian courts is possible with the current legislation without violation of fair competition.



Attached Files

DI-25-ASIPI-T2.pdf

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