Successful conclusion of the fact finding missions for IP Key Latin America

During the 4 Fact Finding Missions through Latin America, held from September to December 2017, contacts with a vast array of stakeholders gave rise to 250 ideas and areas of mutual cooperation.  As required by the fact that IP Key LA is the first ever IP project funded by the EU, and implemented by EUIPO, on continental basis, IP Key LA staff held more than 80 meetings with more than 200 stakeholders from 16 countries –representing both EU and local interests.  The IP Key project clearly attained the main goals of the inception phase, namely to:

• officially mark the launch of the project with the most relevant stakeholders;
• identify future implementing partners and the institutions that would serve as focal points in each country;
• trigger enthusiasm to start working with IP Key at the earliest; and, last but not least,
• determine areas of interest, expectations and priorities of the various stakeholders with a view to mapping out a set of activities that could possibly be included in the first Annual Work Plan.

Main outcomes of the missions

At the behest of stakeholders across the region, the project will be ready to provide support for the implementation of obligations arising from the outcome of the different on-going FTA negotiations between the EU and countries or regions of Latin America. Furthermore support will be provided for the implementation of international registration systems such as the Madrid protocol for trade marks or PCT for patents.

Geographical Indications (GIs) are a recurrent topic of high interest in the whole region; they are a crucial issue in the implementation of the Association Agreement with Central America, as well as a matter discussed within the current negotiations of the FTA with Mexico and MERCOSUR. Furthermore, the importance of GIs was underlined by the feedbacks collected in the Andean Region. All in all, the project perception was that activities to promote best practices on GIs, based on the EU experience, would be very well received all across Latin America.

The fact-finding missions also gathered the feedback that an activity to support the update or creation of regional examination guidelines on a variety of IP rights, would be highly beneficial to the local IP offices but also to the EU companies, should these guidelines become public. In addition, assistance would be instrumental with a view to approximate the practices of the IP Offices, in particular within the MERCOSUR countries, as the EU did. In parallel to the manuals, most IP Offices in Latin America are interested support from the IP Key project to fully embrace the digital area and modernisation objectives they are striving for, especially through the development and updating of e-tools and databases.

As regards Copyright and other related rights, a recurrent finding was the need to share EU experiences and exchange of best practices, starting from collective management societies and their auditing, to matters concerning ISPs and intermediary liability. Communication to the public and awareness raising is crucial for fighting piracy but goes beyond it, as raising awareness on the importance of protecting IPRs in general is a persistent need throughout the region. On this topic the project gathered numerous relevant suggestions, from success stories on the importance of protection of IP rights targeting SMEs or innovative entities, to studies on IP and its impact on economic development or studies on specific issues (e.g., trade barriers, digitalization, plant varieties).

All countries characterised enforcement of IP rights came as a priority, in particular enforcement platforms, tools and databases. Training activities and seminars for prosecutors, judges and customs were also cited in almost all countries. Last but not least, a recurrent suggestion regarded the interest in exchanges of best practices and practical workshops related to border measures.