Experts from the European Union and Mercosur began a meeting in Buenos Aires on Tuesday (20.08.2019), within the framework of the Second Week of Enforcement and Governance of Intellectual Property, organized by the IP Key Latin America project, led by the European Commission and executed by the European Union Intellectual Property Office (EUIPO).
The meeting brings together judges, customs officials and legal representatives of brands and institutions to promote the exchange of experiences, discuss trends and share best practices in the application of intellectual property (IP) regulations, with a special focus on piracy and counterfeiting.
At the opening, the Ambassador of the European Union in Argentina, Aude Maio-Coliche, stated that “We live in a globalised world in which the emergence of new information and communication technologies and the expansion of e-commerce have given rise to new business models that undoubtedly improve the well-being of our citizens, making life easier. However, the digital environment poses challenges and challenges common to all countries. For this reason, the European Union and Argentina have decided to start a dialogue in which we jointly explore the possibilities of developing the digital economy and the ways to respond to the challenges posed by intellectual property rights alongside the protection of personal data and the challenge that digitalisation represents for the jobs of the future. The issue we are dealing with today, intellectual property rights, is increasingly common in the online environment. Infringers of intellectual property rights often pay little attention to the quality and, what may be even worse, to the safety of their products, putting consumers who buy counterfeit products such as medicines, food, toys, batteries and car parts such as airbags at serious risk. The online environment allows for the very rapid proliferation of products that infringe intellectual property.” He also warned that infringers “can hide
behind false identities.”
Maio-Coliche added that counterfeit and pirated products account for 3,3% of global trade; in the European Union, about 7% of all imported products are counterfeit and pirated, representing some €130 million in illegal trade: “There is therefore a need for a joint and coordinated response to this phenomenon.” “This must be prevented from happening in the digital environment, which must be preserved as a habitat for exchange based on trust between operators and users,” stressed the ambassador. She clarified: “Intellectual property rights are not only important for large corporations. Studies carried out in the European Union show that SMEs that protect intellectual property rights are more likely to grow faster than those that neglect this instrument of growth. Intellectual property is an extremely important asset for small and medium-sized enterprises.”
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Ambassador of the European Union in Argentina, Aude Maio-Coliche Photo: Aduana News
For his part, the Director General of Customs, Diego Dávila, He highlighted the meeting as "an opportunity to learn the best practices of other countries to improve year after year, and thus have a more in-depth program, with more training, so that Customs is not just a not only a supervisory body, but also an active role in the fight against this international scourge.".
In the specific field of the fight against counterfeiting, the President of the National Institute of Intellectual Property, Dámaso Pardo, pointed out that “se The Danish IP Office has achieved a very significant step by the Ministry of Security, which includes IMPI and other organizations related to intellectual property. It is an interdisciplinary table where the work of the private sector is articulated with the public sector. It is worth highlighting the help of the Danish IP Office, which made possible a trip to see how the fight against counterfeiting works, especially in the digital world. Much remains to be done to guarantee protection in all areas of technology and the granting of rights in reasonable times. It is necessary to put our innovators and entrepreneurs on an equal footing, ratifying treaties such as the patent cooperation agreement that is in Congress. We cannot miss the great opportunity we have. The Knowledge Economy Law, which includes Biotechnology, nanotechnology and all areas of knowledge, represents an enormous opportunity. The software industry represents six billion dollars of exports per year. Together with these new areas that the aforementioned law implies and with the facilities from the labor and tax point of view, it is expected that the impact on the export industry could reach twenty or twenty-five billion dollars. It is a great opportunity. We have the support of the European Union, our partner, a market of 800 million people who share, in addition to the intention to do business, important values such as human rights and democracy.".
Opening of the Forum on Intellectual Property in the Digital Economy. Photo: Aduana News
For its part, Jean-Pierre Smeets, President of the Argentine European Parliament, commented: “Digital economy technology has been widespread for many years in all economic, cultural and social activities, generating an increase in productivity and competitiveness, greater opportunities for well-being and progress. We have moved from a capital economy to a knowledge-based economy. Property, factories and equipment no longer have the same weight in companies’ balance sheets. Intellectual property requires more innovation, more investment, to achieve competitive businesses. The digital economy has great opportunities, but at the same time, important challenges. It demands constant attention to what the competition offers, to the demands of customers, hence the importance of intellectual capital, that is, knowledge workers, who add value to products. As a factor of growth, the knowledge economy requires investments from companies and governments, who have to take care of the infrastructure and also protect intellectual property, through appropriate laws and guidelines. How can we protect creative industries from digital piracy, when it is so difficult to apply existing laws? "In areas such as film and software, often obtained illegally, how can we protect companies based on new technologies from copycats who introduce unjustified litigation, thus hindering innovation? The political response to this challenge of adequately protecting intellectual property requires international cooperation."
Lastly, Gustavo J. Schetz, National Director of Copyright, He referred to the tasks of the Ministry of Justice to generate a better environment of legal security that protects intellectual property in commercial activity.. He also commented: “A draft Civil Procedure Code is about to be submitted to Congress, which has some important elements such as the simplification of procedures or the promotion of arbitration for property issues, understanding that intellectual property is resolved in damages. Regarding the Criminal Procedure Code already approved and in force in Jujuy and Salta, there are important issues such as the procedure against legal persons. The special investigative measures incorporate the concept of undercover agent, revealing agent and informant, which are important for investigations into intellectual property crimes, especially in the case of those illicit organizations that operate in the local market and neighboring countries. In addition, the draft Criminal Code that is in Congress has a specific chapter on intellectual property crimes. It regulates the rights of broadcasting organizations, trademark counterfeiting, patents and designs, signal piracy, and also implements the cybercrime convention. Another point in which the Ministry of Justice is involved and will have an intervention when the new text is drafted is the responsibility of intermediaries. Regarding anti-piracy actions, the Ministry of Justice was directly involved in the anti-piracy commission together with CAME and the Ministry of Security. Another area in which the Ministry is involved is training in intellectual property. There is a great lack of knowledge about copyright and user rights. The Ministry of Justice is also determined to move forward with a project for a public prosecutor's office. Finally, it has been involved jointly with the national government in free trade agreements and multilateral conventions with WIPO, WTO and the European Union. Also with Canada, Korea, EFTA, Mexico and Singapore.".
Attendees from the public and private sectors of Latin America and the European Union. Photo: Aduana News
The Forum on Intellectual Property in the Digital Economy was the first event of this Second Week of Enforcement and Governance of Intellectual Property Rights in Buenos Aires. It served to enable authorities related to the administration of Intellectual Property Rights, representatives of companies from Latin America and the European Union, to understand the current context and the challenges and needs of the region regarding the protection of these rights.
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