While accession to and increased implementation of the WIPO-administered Patent Cooperation Treaty (PCT), in part due to Free Trade Agreements with the US and EU, have improved filing times in some countries, backlogs remain a major problem across the region. In Argentina, for example, pharmaceutical and biotech patents are typically examined 6-7 years after the initial request for substantive examination.
In Mexico, where examination times are above average, the biggest challenges lie on the enforcement side, although the recently estabished specialised administrative court for IP cases will improve the situation.
The roundtable included Enrique Cavero of Procter & Gamble in Venezuela, Luis Schmidt of Olivares & Cia in Mexico, Octavio Mitelman and Daniel Zuccherino of Obligado & Cia in Argentina, Carlos Vicente da S Nogueira of Vicente Nogueira Advogados in Brazil and Matthew Bryan of WIPO in Switzerland.
Bryan discussed WIPO’s plans to make the PCT more user-friendly. He said that, in 2009, the agency plans to work with PCT contracting states to “ensure that PCT work products are of highest possible quality, that practices and fee structures encourage work-sharing and duplication reduction, [and] that national law inconsistencies with PCT are reduced”.
Some of the advantages of the PCT for Latin American nations include: 1) fee reductions for individual users; 2) increased security in patent granting decisions on the part of patent offices, since they can take advantage of the international searches conducted by a PCT International Searching Authority; and 3) support services such as “investment in automation of the office, assistance with training and capacity building of the office staff, and support in awareness building about the PCT and IP generally in the private sector”, added Bryan.
Twelve Latin American nations are already members of the PCT. The governments of Peru and Chile have approved the Treaty and are set to accede shortly.
In Venezuela, where the political climate is unstable, IP rights are somewhat at risk. With the country’s recent withdrawal from the Andean Community, the government has re-implemented an IP law from 1956, significantly lowering the level of IP protection available to rights owners. Patents in pharmaceuticals and food and beverages, as well as types of protection such as Geographical Indications and Appellations of Origin, are no longer recognised. “The system in general has become much more problematic,” said Procter & Gamble’s Cavero.
Participants also discussed best practices for success in the courts, pending IP legislation and other developments that may affect patent rights. Subscribers can read the full discussion in the April issue of Managing IP.
