MERCOSUR & Chile in a Nutshell
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1 1 MERCOSUR IPR SME Helpdesk MERCOSUR & Chile in a Nutshell CONTENT 1. GETTING STARTED 1. Getting Started 2. Country Profiles Country Figures Countries featured: Argentina Brazil Paraguay Uruguay Venezuela Chile 3. IP rights and International IP related Treaties MERCOSUR, Chile and other markets in Latin America, such as Colombia, Mexico, and Panama, constitute interesting markets for the expansion and growth of European Small and Medium-sized Enterprises (SMEs). To succeed though, SMEs need to get familiar with local business and Intellectual Property (IP) law and practice. By way of introduction, MERCOSUR ( Mercado Común del Sur, Southern Common Market) is currently composed of the following countries: Argentina, Brazil, Paraguay, Uruguay and Venezuela. Together with Chile and led by Brazil, they constitute a region of growing interest for the internationalisation of European SMEs. However, unlike the Andean Community, MERCOSUR has no supranational or regional IP rules, and significant differences may exist from country to country as regards both law and practice. To start with, this first Factsheet of the MERCOSUR IPR SME Helpdesk offers you an overview of key business and IP related information of the MERCOSUR countries and Chile. Mercosur IPR SME Helpdesk
2 2 MERCOSUR IPR SME Helpdesk 1. COUNTRY PROFILES Argentina in Figures o ARGENTINA EU export in goods to Argentina ( Primarily: machinery, transport equipment and chemicals Argentina ( Primarily: agricultural products and raw materials Gross Domestic Product ($ Annual growth rate (%, 2012) 1.9 Source: INDEC The Republic of Argentina shows a diversified economy, where manufacturing, trade and repair services and agribusiness constitute the sectors with higher activity. The sectors with stronger IP components are pharmaceuticals, biotechnology, and software and related services [Source: MRECIC]. Patent and trademark applications from non-residents reached 79.5 and 24.8% respectively of the total applications received by INPI Argentina in Statistical data show that the sectors with higher rates of patent applications ( ) are medical technology (10.17%), pharmaceuticals (9.05%) and handling (7.71%), respectively [Source: WIPO] INPI - Instituto Nacional de la Propiedad Industrial Dirección Nacional del Derecho de Autor INASE Instituto Nacional de Semillas WEB ADDRESS v.ar ov.ar
3 3 MERCOSUR IPR SME Helpdesk o BRAZIL Brazil in Figures EU export in goods to Brazil ( Primarily: machinery, transport equipment and chemicals 39.6 Brazil ( Primarily: agricultural products, fuels and mining products, machinery, transport equipment and miscellaneous manufactured products 37.3 Brazil is the biggest country in Latin America and the world s seventh largest economy [ ]. Predominantly agrarian until thirty years ago, Brazil underwent rapid industrial growth and recently developed a modern and diversified economy [Source: BNDES]. The economic sectors with the strongest IP component are oil and gas, pharmaceutical and information technology [Source: INPI Brazil]. The most innovative sectors are electronic equipment (59.2%), chemicals (59.1%) and electrical machinery (44.3%) [Sources: PINTEC/IBGE]. INPI statistics report that Germany, France, the Netherlands, Italy and the United Kingdom were responsible for 24.5% of the patent applications received in Brazil between 2007 and [Source: INPI] trillion, 2012) Annual growth rate (%, 2012) INPI - Instituto Nacional da Propriedade Industrial WEB ADDRESS v.br ABAPI Associação Brasileira dos Agentes da Propriedade Intelectual rg.br Programa Propriedade Intelectual para Inovação na Indústria - INPI/IEL/SENAI RMPI Rede Mineira de Propriedade Intelectual Rede Paranaense de Gestão em Propriedade Intelectual electual.com.br/sit e/ neirapi.com/ br/appi Rede Paulista de PI e Comercialização de Tecnologia lo.org
4 4 MERCOSUR IPR SME Helpdesk o PARAGUAY Paraguay in Figures EU export in goods to Paraguay ( Primarily: machinery, transport equipment and chemicals 0.5 Paraguay ( Primarily: agricultural products and crude materials 1.0 Annual growth rate (%, 2012) WEB ADDRESS The Paraguayan economy is based to a significant extent on the primary sector and natural resources. It is the fourth soybean exporter and eighth largest exporter of beef in the world [Sources: REDIEX/United Nations Commodity Trade Statistics Database]. With the basic IP laws in place, the country is working towards a more solid system for the protection and enforcement of IP, including the protection of traditional knowledge [Cfr: DGPI- Dirección General de la Propiedad Intelectual CAMPI- Cámara Paraguaya de la PI APAPI- Asociación Paraguaya de Agentes de PI [IP Agents Association]
5 5 MERCOSUR IPR SME Helpdesk o URUGUAY Uruguay in Figures EU export in goods to Uruguay ( Primarily: machinery, chemicals, transport equipment and other manufactured products 1.7 Uruguay ( Primarily: agricultural products and raw materials The Uruguayan economy is based on traditional sectors such as agro-industry and cattle industry, as well as tourism. Logistics and software are relatively new sectors worthy of mention. Leading industries are refrigeration, dairy products and its derivatives, textile, paper, fertilisers, spirits, cement and oil refining. [Sources: BCU/World /INE]. Pharmaceuticals, biotechnology, chemicals, electronics, telecommunications and software are considered the most IP-prone sectors. In 2012, 38% of patent and trademark applications received in the National Directorate of Industrial Property (DNPI) had their origin in European countries. 60% of these applications came from the pharmaceutical sector, 20% from chemicals and 6% from the biotechnology area. [Source: DNPI]. Annual growth rate (%, 2012) DNPI- Dirección Nacional de la PI [IP national authority] GIPI- Grupo Interinstitucional de la PI RedPI- Red de PI [Network] AUDAPI -Asociación Uruguaya de Agentes de PI [IP Agents Association] 3.9 WEB ADDRESS e.net/2007/08/28/ur uguay-grupointerinstitucional-depropiedadintelectual-gipi/ CNCS- Cámara Nacional de Comercio y Servicios Centro de Promoción de la PI [IP Centre- Chamber of Commerce] entro-depromocion-de-lapropiedadintelectual/
6 6 MERCOSUR IPR SME Helpdesk o VENEZUELA Venezuela in Figures EU export in goods to Venezuela( Primarily: machinery, transport equipment and chemicals 6.5 Venezuela ( Primarily: fuels and mining products 4.5 Annual growth rate (%, 2012) WEB ADDRESS As indicated in the data offered by CONAPRI (Consejo Nacional de Promoción de Inversiones), the Bolivarian Republic of Venezuela is currently considered a developing country with an emerging economy primarily based on oil industry and its derivatives, manufacturing and trade as well as repairing, real estate, business and renting services [Source: BCV, 2013]. As regards IP matters, and in particular patent applications, most of them come from the oil industry, specially focused on extraction and transformation processes, followed by transnational companies and finally universities and public R&D centres. Up to 2009, 2901 patent applications were filed and 79 were granted until Trademark filing is the most prominent activity nowadays, totalling 441 registrations until November, 2013 [Source: RICYT]. SAPI Servicio Autónomo de la PI
7 7 MERCOSUR IPR SME Helpdesk o CHILE Chile in Figures EU export in goods to Chile ( Primarily: machinery and electric equipment, transport equipment, chemical products, and fuel. 8.5 Chile ( Primarily: mining products, fish, agricultural and wood products Annual growth rate (%, 2012) 5.6 The pillars of the Chilean economy are mining and agriculture. As in other Latin American countries, the use of the patent system is largely made by nonresidents (about 90%). Different is the case of trademarks, where 32% of the applications were made by non-residents. During 2012, the IP Office (INAPI) received 3,019 patent applications and 53,000 trademark applications (19,347 renewals and 33,693 new trademarks). The technological areas with more patent applications in the last years are mechanical, pharmacy and chemistry [Source: INAPI]. INAPI - Instituto Nacional de Propiedad Industrial Departamento de Derechos Intelectuales INAPI - INAPI Proyecta [Network] WEB ADDRESS ectual.cl nstitucional/600/w3- propertyvalue-907.html
8 8 MERCOSUR IPR SME Helpdesk 3. IP RIGHTS AND INTERNATIONAL IP RELATED TREATIES ARGENTINA BRAZIL PARAGUAY URUGUAY VENEZUELA CHILE IP RIGHTS/ASSETS RECOGNISED BY NATIONAL LAW Copyright Patents Utility Models Trade Marks Industrial Designs Geographical Indications Know-how (Trade secrets) Traditional Knowledge Plant Variety Rights Topographies of Semiconductor Products
9 9 MERCOSUR IPR SME Helpdesk ARGENTINA BRAZIL PARAGUAY URUGUAY VENEZUELA CHILE INTERNATIONAL IP RELATED TREATIES TO WHICH THE COUNTRY IS A PARTY Berne Convention (Copyright) Paris Convention (Industrial Property) TRIPS Agreement (IP WTO) PCT (Patents) Madrid System (Trade Marks) The Hague Convention (Designs) UPOV (Plant Variety Rights) 1978 Convention on Biological Diversity Lisbon Agreement (Appellations of Origin) An initiative co-funded by the European Commission Project implemented by: A project funded by the European Commission Directorate-General Enterprise and Industry under the Competitiveness and Innovation Framework Programme (CIP) Disclaimer: The Mercosur IPR SME Helpdesk is a free service which provides practical, objective and factual information aimed to help European SMEs to understand business tools for developing IPR value and managing risk. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice.
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