On June 22, Matías Noetinger and Juan Vanrell represented ASIPI in a workshop titled “Economic Impact of Intellectual Property” and installation of the Inter-Institutional Bureau on Enforcement of IP Rights.
The workshop was held at the National Directorate of Industrial Property, and was chaired by Director Marianela Delor.
This event was a continuation of the “Forum on Enforcement of Intellectual Property Rights: The Role of IP Offices” held in April 2018 in the same city, and aimed to launch an Inter-Institutional Table to follow up to the issues related to Intellectual Property and its enforcement by administrative and judicial entities.
DNPI officials, judges, prosecutors, customs and prefecture staff and representatives of INTA and AUDAPI also attended.
Matías Noetinger was the keynote speaker at the Workshop, and his presentation included an explanation of the Impact Study on Trademarks in the Economy, as well as a reference to the impact of Counterfeiting (including INTA, BASCAP, OECD and EUIPO studies on the subject).
He also expressed the importance of trademarks and their due protection with a focus on 3 aspects:
a) Awareness / Education: ASIPI has its ASIPIEMPRENDE program within the Education Committee, focused on designing and disseminating clear content and messages for SMEs and Entrepreneurs to understand the importance of protecting their IP, giving them the tools to know when they are facing something which is worth protecting and what actions to take to protect yourself and then defend your rights properly. The importance of disseminating IP among children and adolescents was also highlighted, mentioning the ASIPIEDUCA program.
b) Protection and defense: the trademark must be properly protected from the beginning. From its analysis of registrability and availability, to the previous search and subsequent processing and registration, the figure of the agent of the Industrial Property is essential. The intervention of a professional in this process is necessary, to obtain stronger rights and to help the administration to have an efficient protection system. It is fundamental the active surveillance and monitoring of the market, against new trademarks and against the use of trademarks that are not registered, since the passage of time can play against an eventual attempt to enforce the right. In addition, it is essential to have legislation that ensures a serious and reliable process, which ensures solid and sustainable rights over time. An opposition process with probatory amplitude and a finished debate. A decision founded by trained professionals and possibilities of appeal.
The importance of the examination carried out by the Trademark Office was also emphasized, and that this should be done in relation to all the grounds of irregularity contained in the law, including absolute and relative ones. As for the absolute causes, they must be carried out in an integral manner by trained professionals and who use all available technological tools to determine if the trademark to be registered has distinctive capacity and there are no grounds for irregularity.
(c) Enforcement: It is necessary to protect trademarks and IP rights against infringements, and this is achieved through a strong system combining the security forces, the judiciary, customs and administrative authorities, and in some countries also Patent and Trademark Offices. In this sense, it is necessary to find efficient systems that allow quick and forceful action against the scourge of counterfeiting and piracy.
After Matías Noetinger’s presentation, an analysis of the conclusions of the 3rd IPR Enforcement Forum was carried out, and the participants gave their opinions and suggestions regarding the steps to be taken and the actions to be taken to improve the protection of these rights.