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27 October 2022
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Newsletter - Latin America IP SME Helpdesk
Your monthly digest of IP news in Latin America directly to your inbox
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New publications
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Open Licensing in Latin America
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A workable and pragmatic definition of open licensing is a copyright licensing scheme characterised by: a) A general offer that does not require bilateral negotiations to conclude an agreement (the requirements for benefiting from the licence are public and defined upfront, as well as the scope of the open licence) b) Related to all or part of the rights vested in an intellectual property right. While all modalities of intellectual property rights can, in principle, be exploited in open licensing terms, open licences have been mostly used in the copyright realm – their use being merely anecdotal in the case of trade marks and patents. Lately, open licensing has also been used in the framework of data sharing and open data. As opposed to copyright, data regulations are far from being harmonised in Latin America. Hence, the use of open data licences in any Latin American jurisdiction requires a case-by-case study.
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IP in the ICT sector
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EU SMEs have to bear in mind that ICT products are innovation intensive and often require the combination of different technologies to operate. Just think of the mobile sector: smartphones allow you to make calls, take photos, access the Internet, listen to music or make contactless payments. Those activities often involve the implementation of different technologies and creative works for the same product. All these components will most likely require different Intellectual Property Rights to ensure a full and adequate protection of your product.
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Upcoming events
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IP news in Latin America
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IMPI Mexico implements EUIPO's CP6
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Thanks to the joint efforts of both IP Key Latin America and the EUIPO, the Mexican Institute of IP (IMPI) has just found common grounds with the criteria listed under the EUIPO's Common Communication (CP6) — Convergence on graphic representations of designs - Common Communication. The practice document provides a clear and comprehensive explanation of the principles on which the practice is based. As a rule, these will be applied by the IMPI and by the intellectual property (IP) offices that are members of the European Union Intellectual Property Network (EUIPN). The publication of the practice paper seeks to increase clarity, transparency, legal certainty and predictability for the benefit of the users and examiners of the IP offices involved. It is intended to be a reference for IP offices, users of the EU and Mexican IP systems, and other interested parties.
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Helpline service available for EU/COSME SMEs
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