SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Latest Comments
  • So simply put, we have the NABP saying that all ph... »
  • The original Brustle decision was widely criticise... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    Inside Views
    Inside Views: In Brazil And The IP World, It’s Tropicalization Time!

    Published on 4 March 2011 @ 11:50 pm

    Disclaimer: the views expressed in this column are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

    Intellectual Property Watch

    By Benny Spiewak, KLA-Koury Lopes Advogados, Sao Paulo, Brazil

    There used to be a time when Brazil meant almost exclusively Carnival, Samba and Soccer. During that period, Brazil was referred to as Tomorrow’s Country, and the business world looked at Brazil as a market-to-be. Well, seems like those days are over and there is a sole, undeniable message that needs to be echoed through the knowledge-based, creative, innovative world: Wake-Up, World, It’s Tropicalization Time!

    While Brazil celebrates the Carnival and the claim that it is the fifth largest economy in the world, some data-mining highlights that the Brazil may be all but relaxed when it comes to IP and knowledge-related policies. In a well-developed and absolutely focused strategy that resembles a goal-resulting soccer play, Brazil became a major stakeholder in the world’s IP and trade-related policies. From the drug transit case, which brought the BRIC’s B and I even closer, to the analysis of WHO’s relationship with the IMPACT taskforce, Brazil’s takes on IP and international trade are duly noted.

    For instance, one cannot help recalling the valuable WTO decision on the longstanding upland cotton case that entitled Brazil also to seek to suspend certain obligations under the TRIPS Agreement [the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights]. The decision clearly leveraged the Brazilian position towards its commercial relationship with the US. However, instead of materializing the wishes of an angry crowd that wanted Brazil to cross-retaliate Brazil-based US IPRs, Brazil concluded with the US the so-called Framework for a Mutually Agreed Solution to the Cotton Dispute. Brazil’s position on the matter was a clear statement that Brazil is not an anti-IP guinea pig, but rather a strong strategist and consistent international player.

    Still, the indirect gains of Brazil are still to be measured and are likely to highlight the Brazilian position in the wake of the Doha Development Round and, most of all, push a reassessment of the way the US presents the USTR’s Special 301. In fact, the day Brazil is excluded from the Special 301 watch list is approaching and Brazil may then be granted an informal investment grade for IPRs. When that time comes, the WTO-related cotton decision should not be held the solely responsible for that.

    The Brazilian Government established a clear, superb commitment to address Brazilian IP challenges and to tackle the main worms infecting the knowledge-based system, e.g. counterfeited products and piracy. The results are outstanding and the industry is starting to acknowledge the new scenario. Brazil will soon share successful cases in the war against IP violations and those lectures will be crowded, as Brazil echoes the voices of the developing and emerging economies.

    The Brazilian coordination of WIPO’s Committee on Development and Intellectual Property says it all. Clearly, the Brazilian takes on the UNFCCC’s Development and Transfer of Technologies discussions and on the negotiations resulting in the Nagoya Protocol are not Brazil-only evaluations, but rather common statements echoed by a strong player, that aims at enhancing its international importance, as well as leading by example.

    All in all, it is a fully acceptable argument that the current Brazilian position in the international arena is new, and thus, hard to measure. However, it is not commercially acceptable – and could be a mistake – to disregard Brazil’s up and coming importance, mainly in the IP field. In brief, it is Tropicalization Time. Have you tropicalized yourself already?

    Benny Spiewak heads the Intellectual Property, Life Sciences and Innovation practice at KLA-Koury Lopes Advogados, in Sao Paulo, Brazil. Mr Spiewak graduated (LLB) from the University Mackenzie Law School in Sao Paulo and obtained his Master’s in IP Law certification (LLM) from the George Washington University in Washington DC. Mr Spiewak is an IP & technology law expert, certified by the Franklin Pierce Law Center in Concord, New Hampshire, and by the Getulio Vargas Foundation Law School, in Sao Paulo. In 2008, Mr Spiewak was an intern at the IP office of BIO-Biotechnology Industry Organization in Washington DC, and attended the Summer School of the Academy of the World Intellectual Property Organization in Geneva. Mr Spiewak coordinates the International Affairs Committee at the Brazilian Intellectual Property Institute.

     

    Comments

    1. Marcelo Thompson says:

      fondly remember those auspicious days of authentic tropicalization — http://bit.ly/nApgQ

      and look forward to the presentation of this study — http://www.nyu.edu/ipk/events/154

      All things considered, though, I share your respect for the professionalism of our diplomacy.

      Just wish back home we were investing the same professionalism in the Cultural sector, rather than just treating things in pathological terms.

      MT

    2. Inside Views: IPRs And The WTO’s New Brazilian President: Heading South, Hopefully Up | Intellectual Property Watch says:

      [...] case on US subsidies on upland cotton. In a nutshell, according to the decision issued in that case, the WTO arbitrators authorised Brazil to adopt countermeasures facing the US not only in goods, [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 54.82.187.225