Category Latin America/Caribbean

A Look At The Marrakesh Treaty Ratification In Brazil

The Marrakesh Treaty, first of its kind, will enter into force three months after the deposit of the instruments of ratification or accession by 20 eligible countries. So far, thirteen have done so. Brazil, which was one of the main proponents and negotiators, deposited its ratification of the treaty on December 11, 2015, after the yearlong internal legislative process. The key question we are trying to face here is how the ratification of this treaty may impact Brazilian copyright legislation and the interpretation of the limitations.

Colombia Asked To Declare Excessive Price For Cancer Drug Contrary To Public Interest, Grounds For Compulsory License

Colombia has a decision to make. A full year has passed from the November 24, 2014 request by iFarma, Misión Salud and CIMUN for a declaration of the public interest regarding the cancer drug imatinib (marketed by Novartis as Gleevec/Glivec), the first step on the path toward a compulsory license in Colombia. Thus far, Colombia’s Ministry of Health and Social Protection has failed to act one way or another, leaving patients in limbo and the government at the mercy of a Swiss pharmaceutical giant that reported revenue of over $57.9 Billion USD in 2013, write James Love and Andrew S. Goldman.

Argentina: Bill To Expand Copyright On Photographs To Life-Plus-70 Years Introduced In Argentine Congress

Maximiliano Marzetti writes: Bill No. 2517-D-2015, presented by Liliana Mazure, Gloria Bidegain, Susana Canela, Gastón Harispe, Héctor Recalde and Eduardo Seminara, was introduced to the Argentine Congress to reform the Argentine Copyright Act (Law No. 11.723) in order to extend copyright over photographic works to life plus 70 years post mortem auctoris. The current period of protection for photographs in Argentina is 20 years since publication (article 34). In case the bill is passed it will have retroactive effect, i.e. photographs that today are in the public domain will revert to private property.

A New Model For IP: Interview With Ecuador IP Office Director Hernán Núñez Rocha

Ecuador is preparing a new intellectual property policy that aims to better suit the country's strategic development. On the occasion of the World Intellectual Property Organization General Assembly, Hernán Núñez Rocha, head of the Ecuadorian IP office sat with Intellectual Property Watch to talk about the country's work on the IP policy and its use of IP as a tool for local development. He also explained Ecuador's position on the WIPO committee on traditional knowledge.

New Geneva Delegates For Canada, Panama

New delegates have arrived to Geneva just in time for the annual Assemblies of the World Intellectual Property Organization and the World Trade Organization trade ministerial. Geneva Delegates Zoraida Rodríguez, Deputy Permanent Representative to the World Intellectual Property Organization and…

Cuba And Your Global Trademark Strategy

After 54 years, the American flag has once again been raised over the American Embassy in Cuba. What does the newfound activity in Cuba mean for your brand? Is it time to protect your trademark in Cuba? The answer from most is a hearty “yes,” writes Pam Huff.

Resisting The Law Of Greed

In 2011 in a small court in Ecuador’s Amazon jungle, a judge ordered the American oil giant Chevron to pay US$9 billion dollars in damages for pollution in the region that was caused by drilling activities in the 1970s and 1980s. The company quickly denounced landmark ruling as illegitimate. More than a year before the final ruling had been issued, Chevron had already taken steps to initiate an investor-state dispute against the Government of Ecuador under the terms of a US-Ecuador bilateral investment treaty (BIT). The company seeks to avoid paying the US$9 billion by convincing an international tribunal that the courts of Ecuador are corrupt and that the government is ultimately responsible for any environmental damage and associated health issues experienced by local residents, writes Kyla Tienhaara in Green Agenda.