<\/p>\n
This year, once again, we are pleased to present the new issue of the Intellectual Rights collection in its eighteenth edition. On this occasion we are pleased to show you the version in ASIPI CLOUD, which not only represents an important step for our association in terms of disseminating material from our partners, but also makes this edition the first document that members have at their disposal later. of the ASIPI CLOUD presentation. <\/p>\n Este trabajo trata de establecer una alternativa v\u00e1lida para la protecci\u00f3n de activos intangibles de propiedad intelectual, en pa\u00edses donde vivimos la l\u00ednea pol\u00edtica del socialismo del siglo XXI, que busca la \u201cdemocratizaci\u00f3n del conocimiento\u201d, desprotegiendo o desincentivando la protecci\u00f3n de derechos de propiedad intelectual con el objetivo de que la industria nacional no se vea \u201climitada\u201d a crecer por respetar derechos de propiedad intelectual de terceros. La alternativa que planteamos en este estudio fundamenta la protecci\u00f3n de activos intangibles mediante la creaci\u00f3n de secretos empresariales, lo cual conlleva que en caso de ser vulnerados, no se accione mediante actos de violaci\u00f3n de derechos de propiedad intelectual, sino mediante actos de competencia desleal.<\/p>\n<\/div><\/div>\n Este trabalho discorre sobre a evolu\u00e7\u00e3o legislativa e jurisprudencial das indica\u00e7\u00f5es geogr\u00e1ficas no Brasil. O estudo faz uma an\u00e1lise abrangente da Lei de Propriedade Industrial (LPI) e destaca uma das mais importantes inova\u00e7\u00f5es introduzidas pela atual legisla\u00e7\u00e3o de propriedade industrial: a prote\u00e7\u00e3o das indica\u00e7\u00f5es geogr\u00e1ficas por meio de um registro pr\u00f3prio. No an\u00e1lise da jurisprud\u00eancia administrativa e judicial s\u00e3o mencionados os equ\u00edvocos cometidos no passado, atribu\u00eddos ao desconhecimento do tema por parte dos operadores do direito em um determinado momento. Nesse \u00e2mbito foram comentadas as decis\u00f5es proferidas nos casos Champagne, Saint Emillion e Gamais Beaujolais. V\u00e1rias das decis\u00f5es analisadas merecem, no entender da autora, ser prestigiadas; dentre elas figuram as decis\u00f5es proferidas nos casos Schwarze Katz, Borbonha e Bordeaux.<\/p>\n<\/div><\/div>\n One of the legal strategies to avoid a trademark registration cancellation for lack of use is justifying such lack of use alleging force majeure events. It is of particular interest in this article, to explore some of the force majeure elements, their connection with the theory of the undetermined legal concepts and the wide administrative discretion margin in which said elements are applied. Moreover, within the scarce Peruvian case law regarding this topic, the non-use cancellation proceeding against trademark DIVA stands out as the only administrative precedent in which force majeure has been successfully invoked.<\/p>\n<\/div><\/div>\n The levels of development of several countries in Latin America, especially in Peru, made more valuable the importance of the relationship between the universities and the companies. This has led to a growing interest in the regulation of university patents and the rights and obligations of teachers linked to researching. The following article makes a study of Peruvian law applicable to that reality, mentions its gaps and omissions and proposes suggestions for its improvement. Mainly, this article is aimed for understanding the problem of ownership of employee inventions made in the university and the income of the teachers involved in the research. Also the role of the companies that sign research contracts with the universities; affairs that are undoubtedly of interest in several countries of the region.<\/p>\n<\/div><\/div>\n Internet service providers (ISP) are most relevant in the digital world, since it is only through their services that can content be transmitted through the network. Thus, these ISP have significant importance in intellectual property, which is why a large portion of content is protected by law through copyrights and similar measures. It is essential that legislation, particularly that of Ecuador, carefully regulates the role that ISP can carry out in the digital world and establishes a framework of obligations and responsibilities to which they must comply as service providers, in order to safeguard third party intellectual property rights.<\/p>\n<\/div><\/div>\n This article on the legal regime for geographical indications and designations of origin in Argentina, makes a brief reference to the historical background, and then focuses on the characteristics of the system, highlighting the problem of interaction with the system of trade-marks and with the fair trade regime, considering it application under the analysis of applicable international law, national laws, administrative regulations and existing case law. Finally, it concludes in favor of the rules of interaction and promoting of agreements.<\/p>\n<\/div><\/div>\n No abstract<\/p>\n<\/div><\/div>\n Intellectual Property, specifically patents and copyrights, derive from one of the most interesting paradoxes of law and economics. Goods protected by intellectual property are informational goods, such as knowledge and culture. Therefore, it is socially desirable that such goods be accessible to as many people as possible, as fast and as easily as possible. However, both in the fields of technology and culture, informational goods come from innovation, which is not spontaneous as it i) requires of creators and innovators and ii) involves a cost. If there weren\u2019t any intellectual property rights and, therefore, informational goods were immediately accessible to everyone at no cost, innovators would have no incentive to create new intellectual goods. Thus, the paradox of the conflict between two objectives, which are both socially wanted, but which cannot be obtained both at the same time. On one hand, universal and immediate access to cultural and technological innovation and, on the other hand, the generation of the incentives needed for the creation of such innovation in the first place.<\/p>\n This article is a brief review, from a law-and economics perspective, of the main aspects which lie beneath this problem, and of the relative situation, different but related, of other forms of intellectual property such as trademarks and publicity rights.<\/p>\n<\/div><\/div>\n ICANN approved the expansion of the creation of new domain names in a generic level gTLD. These names will have a global multiplication without precedent, as it is expected that in the next three years more than 2,000 new domain names will be constituted to enter and compete with the existing ones. In order to have a tool to protect trademark rights against these new domain names, ICANN created the \u00a8CLEARINGHOUSE\u00a8, which aims to address this need throughout its two phases. On the other hand, and in a parallel way the URS (Uniform Rapid Suspension System) has been created, corresponding to a new procedure that generates the possibility of locking in a rapid manner, the domain names that violate trademark rights. This article will analyze how these new tools work and challenges arising from their application.<\/p>\n<\/div><\/div>\n Decree Law 290 to repeal the Decree Law 68 of 1983 in an important part of their regulations, substantial changes in the regulation of inventions and industrial designs. The main changes are the inclusion of the protection of utility models, a better technique in the protection of industrial designs, the elimination of the certificate of author and the definition of patent certificate as the only form of protection of inventions. These and other topics will be covered in this article.<\/p>\n<\/div><\/div>\n Venezuela does not have a specific treatment to intangibles, under either the general legislation (Copyright Law and Industrial Property Law) or the Tax Law. The Income Tax Law regulates presumptive income, where it provides the treatment of intangible goods international transfer and associated services (technical assistance, royalties and technology services). IAS 38 contains the accounting treatment of intangible assets. International tax treaties regulate the taxation of intangible assets, assigning taxation rights to the signatory countries in accordance with the type of income (royalties, business profits or capital gains). The software does not have a treatment in the national tax law, but its taxation is indirectly referred to in international tax treaties.<\/p>\n<\/div><\/div>\n<\/div>","protected":false},"excerpt":{"rendered":" Intellectual Rights 18 This year, once again, we are pleased to present the new issue of the Intellectual Rights collection in its eighteenth edition. On this occasion we are pleased to show you the version in ASIPI CLOUD, which not only represents an important step for our association in terms of disseminating material from […]<\/p>\n","protected":false},"author":3154,"featured_media":485,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"class_list":["post-181","wpdmpro","type-wpdmpro","status-publish","has-post-thumbnail","hentry","wpdmcategory-volumenes"],"_links":{"self":[{"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/wpdmpro\/181","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/wpdmpro"}],"about":[{"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/types\/wpdmpro"}],"author":[{"embeddable":true,"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/users\/3154"}],"replies":[{"embeddable":true,"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/comments?post=181"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/media\/485"}],"wp:attachment":[{"href":"https:\/\/staging.asipi.org\/biblioteca\/en\/wp-json\/wp\/v2\/media?parent=181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nThe twelve works that were selected have a characteristic in common: the conviction and legal certainties, which make their contributions allow us to understand in greater depth how Intellectual Rights has been growing during all its editions and achieving that the research works of the associates have been increasingly specific. This has contributed to our work area acquiring its own identity within the vast world of Intellectual Property.
\nWith great pride today you will be able to read these valuable reflections on issues so considered by the world at a time of great oscillations in the field of intellectual rights.- Juan Vanrell<\/strong><\/p>\n