Intellectual Property & Data Protection Newsletter - August 2024

Intellectual Property

• INPI Requires Status Update on Claimed Priority for Pending Patent Applications: The National Institute of Industrial Property (INPI) of Argentina has issued Resolution 364/2024, mandating that patent applicants provide an update on the status of claimed priority within 60 days. Failure to comply will result in the abandonment of the application.

Data Protection and Technology

• Debate on AI Legislation Begins in Argentina: The Argentine Congress has begun discussions on a series of bills to regulate artificial intelligence. Industry experts warn that excessive regulation could hinder Argentina’s potential to become a global tech hub. They emphasize the need for a flexible regulatory framework to foster innovation and attract international investment
• Collaborative Agreement with CAME: Argentina's government has signed a collaborative agreement with the Argentine Confederation of Medium Enterprises (CAME) to support the digital transformation and innovation of small and medium-sized enterprises (SMEs). This agreement aims to enhance the protection of intangible assets and promote financial inclusion for SMEs.

• CESSI Launches AI Hub: The Argentine Software Industry Chamber (CESSI) has launched a new AI Hub to foster innovation, research, and the implementation of AI solutions. The Hub will serve as a central point for the development of AI technologies, providing resources and support to startups, researchers, and established companies.

• Argentina Ranks Second in Stablecoin Holdings: According to a report by a cryptocurrency exchange, Argentina is ranked second in the region for the purchase and holding of stablecoins. The report highlights the country’s young demographic and significant female participation in the cryptocurrency market.

Intellectual Property

• Brazil Celebrates 15 Years as a PCT International Authority: Brazil marks 15 years of participation as an International Searching and Preliminary Examining Authority under the Patent Cooperation Treaty (PCT), reflecting its role in the global IP landscape.
• INPI Launches Innovation Index: The National Institute of Industrial Property has launched the first edition of the Brazil Innovation and Development Index (IBID). This index provides a comprehensive overview of the innovation landscape in Brazil, highlighting the performance of local ecosystems in science, technology, and innovation across the country’s five regions and 27 states.
• Brazil and China Discuss Industrial Property Cooperation: The National Institute of Industrial Property (INPI) of Brazil and the China National Intellectual Property Administration (CNIPA) held a meeting on August 16 in Rio de Janeiro. The discussion focused on cooperation in areas such as trademark systems, priority patent examinations, and the use of IT tools, including artificial intelligence and cybersecurity. The meeting also covered the use of geographical indications and activities to promote intellectual property awareness 
• Continuous Update of Trademark Manual: INPI has announced that its Trademark Manual will now be continuously updated, ensuring that users have access to the most current guidelines and procedures.

Data Protection and Technology

• LGPD Anniversary: Reflections and Future Challenges: On the anniversary of Brazil's General Data Protection Law (LGPD), legal experts reflect on its impact and discuss ongoing challenges in data protection and privacy.
• ANPD Sanctions Ministry of Health for Data Breach: Brazil's National Data Protection Authority (ANPD) imposed a sanction on the Ministry of Health following a significant data breach, emphasizing the need for stronger cybersecurity measures within government institutions.
• New ANPD Regulation on International Data Transfers: ANPD published Resolution CD/ANPD No. 19/2024, which addresses international transfers of personal data. This new regulation aims to align Brazil’s data protection standards with global practices, ensuring that personal data transferred abroad receives adequate protection. The regulation outlines specific requirements for data controllers and processors, including the need for contractual clauses, binding corporate rules, and adherence to international agreements.
• Amendment to ANATEL's Cybersecurity Regulations: ANATEL, Brazil's telecommunications regulator, has updated its cybersecurity regulations, focusing on incident notification and the prior evaluation of suppliers to enhance national security.

Intellectual Property

• Brazil and Chile Sign Space Cooperation Memorandum: Brazil and Chile have signed a memorandum of understanding to cooperate in the field of space exploration and technology, marking a significant step in their bilateral relations.

Data Protection and Technology

• Chile Moves Up 30 Positions in Global Cybersecurity Ranking: Chile has made significant strides in cybersecurity, climbing 30 positions to become the second-most secure country in Latin America, according to a recent global ranking.
• Alarm Over Increasing Cyberattacks in Chile: Cybersecurity experts have raised concerns about the alarming rise in cyberattacks in Chile, urging the government and private sector to enhance their defense mechanisms.
• Universal Charger Law for Mobile Devices in Chile: Chile is set to adopt a law mandating a universal charger for mobile devices, aiming to reduce electronic waste and standardize charging technologies across the country.

Data Protection and Technology

• Ministry of Justice Warns Against AI in Judicial Processes: Colombia’s Ministry of Justice has issued a caution regarding the use of artificial intelligence in judicial processes, stressing the need for ethical considerations and human oversight.
• Constitutional Court Rules on AI Use by Judges: The Constitutional Court of Colombia ruled that while AI can be used to support judicial processes, it cannot replace human judges. The court emphasized the importance of transparency, responsibility, and the protection of fundamental rights in the use of AI in the judiciary.
• Colombia and 16 Countries Adopt AI Governance Declaration: During the Latin American and Caribbean Ministerial Summit on Artificial Intelligence, Colombia, along with 16 other Latin American and Caribbean countries, has adopted the Cartagena de Indias Declaration, promoting AI governance, ecosystem development, and education in the region.
• Details of Colombia's AI Public Policy Released: The National Planning Department (DNP) of Colombia has announced the draft of the National Artificial Intelligence Policy (CONPES). This policy aims to establish a framework for the ethical and sustainable development of AI, focusing on governance, infrastructure, innovation, talent development, risk identification, and regional adoption.

Data Protection and Technology

• Identity Theft on Social Networks Double: Costa Rica has reported that identity thefts have doubled on social networks, highlighting the need for stronger cybersecurity measures and public awareness campaigns.

Data Protection and Technology

• Ecuador Warns Against Scanning Iris and Fingerprints on Unknown Platforms: Ecuador’s Superintendency of Companies has advised the public to avoid using unknown platforms that request scans of the iris or fingerprints, due to privacy and security concerns.
• Ecuador Introduces AI Legislation: The National Assembly of Ecuador is currently reviewing the Organic Law for the Regulation and Promotion of Artificial Intelligence. This proposed legislation aims to establish a comprehensive regulatory framework for AI. It addresses various aspects, including data protection, transparency, consumer defense, competition, and administrative law. The law also includes provisions for copyright protection for AI-generated works that involve substantial human creative contribution.
• First AI Committee Holds Inaugural Meeting in Ecuador: Ecuador’s first AI Committee held its inaugural meeting, marking the beginning of coordinated efforts to regulate and promote AI in the country. The committee, led by the Minister of Telecommunications and Information Society, includes representatives from various sectors such as government, academia, and private industry. The committee’s primary goals are to develop ethical guidelines for AI adoption and to identify priority AI initiatives for implementation in 2025.

Intellectual Property

• El Salvador Approves New Intellectual Property Law: The Legislative Assembly of El Salvador has approved the new Intellectual Property Law, which consolidates the previous laws on intellectual property and trademarks. This new legislation also establishes the Salvadoran Institute of Intellectual Property (ISPI) as a dependency of the National Registry Center (CNR).
• El Salvador and United States Sign Patent Agreement: Representatives from El Salvador and the United States have signed an agreement to accelerate the patent application process in El Salvador. This agreement allows applicants who have already received a patent in the United States to obtain a corresponding patent in El Salvador more quickly.

Data Protection and Technology

• Government Presents Fintech and Crowdfunding Regulation Bill: The Salvadoran government introduced a bill to regulate fintech entities and crowdfunding platforms. Key provisions include tax exemptions for new fintech companies and stringent compliance requirements to safeguard against financial crimes.

Data Protection and Technology

• Honduras Central Bank to Modernize Payment Systems: The Central Bank of Honduras is working on modernizing its payment systems to enhance efficiency and security. This initiative includes exploring the creation of a digital currency and improving the interoperability of payment systems to promote financial inclusion.

Data Protection and Technology

• Mexico's Cybersecurity Knowledge Test Results: Mexico scored 5.5 out of 10 in a recent cybersecurity knowledge test, placing slightly ahead of Argentina (5.4) and Spain (5.3). Despite this, all Spanish-speaking countries evaluated scored below the global average of 6. The test highlighted that while 68% of Mexicans have basic cybersecurity knowledge, there are significant gaps in their digital safety habits and privacy practices.

• Mexico Leads AI Company Growth in Latin America: A recent report reveals that Mexico has seen a 965% increase in AI companies over the past six years, making it the fastest-growing country in Latin America for AI enterprises. The report highlights the significant investment and job creation in this sector.

Data Protection and Technology

• Brazil-Paraguay Network Integration Expanded: NIC.br, IX CDE, and BR Digital have partnered to improve network integration between Brazil and Paraguay. A new Point of Interconnection (PIX) in Foz do Iguaçu, Brazil, will facilitate better connectivity and collaboration between the two countries.

Intellectual Property

• Indecopi Promotes Anti-Counterfeiting Efforts: During an APEC meeting, Peru's National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) launched a workshop on “Digital Enforcement to Strengthen the Fight Against Brand Counterfeiting.” The workshop, funded by APEC, focused on public and private sector collaboration to address the challenges of online brand counterfeiting.
• Indecopi Updates Pisco Denomination of Origin Guide: Indecopi has released an updated guide on the Denomination of Origin for Pisco, including historical overviews and common violations, to ensure proper use of the name. It also lists the 508 authorized producers and details the sanctions for violations, which can reach up to 150 tax units ( ≈ USD 206,000).
• Carolina Herrera Loses Legal Battle in Peru: The renowned fashion designer Carolina Herrera lost a legal battle against a Peruvian entrepreneur, María Carolina Herrera, over the use of the name “Herrera” for commercial purposes. The Peruvian entrepreneur successfully argued her right to use her own surname for her business.
• Indecopi Updates Advertising Guide for Influencers: Indecopi has updated its advertising guide for influencers, providing guidelines to ensure that content creators produce responsible and transparent content.

Ø Data Protection and Technology

• CEPLAN Creates Committee to Close Digital Gap in Peru: Peru’s National Center for Strategic Planning (CEPLAN) has established a new committee dedicated to closing the country's digital divide, focusing on increasing access to technology and digital literacy.

Intellectual Property

• Uruguay Approves Accession to Patent Cooperation Treaty: Uruguay's government has approved the country's accession to the Patent Cooperation Treaty, streamlining the international patent application process for Uruguayan inventors.
• Global IP Expert Visits Uruguay: Etienne Sanz de Acedo, CEO of the International Trademark Association (INTA), visited Uruguay and met with government officials; During his visit, he provided recommendations on addressing intellectual property challenges and combating piracy. His insights focused on strengthening legal frameworks and enhancing cooperation between public and private sectors

Ø Data Protection and Technology

• Senate Approves Cybercrime Prevention Bill: Uruguay’s Senate has passed a new bill aimed at enhancing the prevention and prosecution of cybercrime, reinforcing the country’s legal framework against digital threats.
• MERCOSUR-China Dialogue Resumes After Six Years: The seventh meeting of the Mercosur-China Dialogue Mechanism took place on August 12 in Montevideo, Uruguay. This meeting marked the resumption of discussions after a six-year hiatus, focusing on enhancing cooperation in trade, technology, and intellectual property between the two regions.