Intellectual Property & Data Protection Newsletter - June 2024

Data Protection and Technology

• Argentina Begins Transition to Electronic Prescription: The National Government of Argentina has begun the transition to electronic prescriptions, in a move to improve efficiency and security in medical care and establish a national registry.
• Argentinian Court Orders State to Delete CUID.AR App Data: The Federal Administrative Litigation Chamber admitted the collective protection, ordering the government to completely erase the databases of the CUID.AR application used during the COVID-19 pandemic.
• AAIP’s 2023 Management Report and Strategic Plan: The Argentinian Agency for Access to Public Information has released its 2023 management report. The document presents the work carried out by the Agency in its sixth year since its creation. The report outlines the strategic plan from 2022 to 2026, with the aim of strengthening transparency in public management, access to information, and protection of personal data.
• AAIP Resolution on Sanctions and National Do Not Call Registry Enters into Force: On June 1, 2024, Resolution 126/2024, adopted by the Argentinian Agency for Access to Public Information, entered into force. The Resolution modifies internal processes regarding the management and monitoring of complaints the AAIP receives for non-compliance with the Personal Data Protection Act, as well as establishing a National Do Not Call Registry.

Data Protection and Technology

• ANPD Releases Technical Note on the Publicity of Investigative and Sanctioning Actions: The National Data Protection Authority released a technical note discussing its investigative and sanctioning actions. The document considers how to balance the right of privacy and the right to publicity.
• Biometrics is the Focus of ANPD’s Second Volume of the Technological Radar Series: The ANPD has launched the second volume of the Technological Radar series, focusing on Biometrics and Facial Recognition. The study highlights the growing relevance of biometric technologies and discusses their applications, impacts, and associated risks. Despite promising advancements, the study emphasizes that biometric information is sensitive personal data and that errors can lead to significant harm to the individuals identified incorrectly.
• ANPD Opens Consultation on Data Treatment of Children and Adolescents: The National Data Protection Authority began consultation to gather input for the Regulatory Project on the Treatment of Data of Children and Adolescents. The consultation, which is open to individuals, public bodies, and civil society organizations, will be accessible for 30 days on the Participa+Brasil platform.
• AI Bill to Undergo Five More Public Consultations: Following recent deliberations by Brazil’s Senate and the Temporary Commission of Artificial Intelligence, five additional public hearings have been scheduled between July 1 and July 14 to discuss the bill’s final text. The upcoming consultations have generated significant interest throughout Brazil.

Intellectual Property

• BPTO Recognizes Geographical Indication for Scotch Whisky: The Brazilian Patent and Trademark Office has granted the Geographical Indication registration for Scotch, or whisky produced in Scotland. The quality of the product is attributed to Scotland’s climate, water, and peat, as well as the traditional know-how of the beverage mixers. This is the first foreign IG registered since 2019.
• Coffees with Geographical Indication Gaining Traction in Brazil: Coffees which include their geographical indication are becoming increasingly common in Brazil, with 14 recognized regions, five of which include denomination of origin. To coordinate actions, these regions have created an institute with the support of Sebrae Nacional, the Brazilian Agency for Industrial Development, and the CNA Institute. The initiative aims to increase the value of the product, improve socio-environmental practices, and reach new markets.
• Brazil Holds Only 18% of Patents on Endemic Flora of the Atlantic Forest: Brazil holds only 18% of patents on the endemic flora of the Atlantic Forest, with China leading with 54 patents. A study revealed that products and technologies created using 66 endemic plants resulted in 118 patents between 2000 and 2021. This research highlights the need for mechanisms to control and protect Brazilian genetic resources.
• BPTO launches new feature of the National Directory for Combating Brand Counterfeiting: Brazil’s National Institute of Industrial Property (INPI) has launched a new feature of the National Directory for Combating Brand Counterfeiting, in a move to expedite authorities’ access to representatives of the original brands. The measure aims to increase the effectiveness of inspection operations in Brazil. New INPI deliveries are scheduled throughout the second half of the year.

Data Protection and Technology

• Bolivia Hosts REGULATEL-BEREC 2024 Summit for First Time: Bolivia became the epicenter of telecommunications regulation, as it hosted the REGULATEL-BEREC 2024 Summit for the first time on June 20 and 21. The bicontinental summit, which brings together regulators from Europe and the Americas, was held in the city of Santa Cruz under the presidency of the Authority for Regulation and Supervision of Telecommunications and Transport (ATT) of Bolivia. The summit focused on digital transformation as a fundamental basis for the country’s development.

Intellectual Property

• Heavy Penalties for Researchers Buying Authorships in Peru: A new regulation provides that researchers who buy or sell authorships of scientific publications could face heavy fines, in addition to expulsion from the National System of Science, Technology, and Innovation. It also includes punishments for plagiarism, misappropriation of research funds, and forgery.
• The National Institute for the Defense of Competition and the Protection of Intellectual Property Introduces Statistical Dashboard for Patents and Industrial Designs: The new platform will be highly useful for the business sector, providing detailed information about patent and industrial design registrations in the country.
• Peru Signs Treaty to Fight Biopiracy and Misappropriation of Ancestral Knowledge: Peru, alongside several Latin American countries, signed a treaty with the World Intellectual Property Organization to combat biopiracy and the misappropriation of ancestral knowledge.

Data Protection and Technology

• Chile Emerges as LATAM’s Forefront in AI Preparedness: The International Monetary Fund (IMF) has unveiled a comprehensive AI Preparedness Index Dashboard, evaluating 174 economies worldwide across various parameters including digital infrastructure, human capital, labor policies, innovation, integration, and regulation. In this global assessment, Chile stands out as the most prepared country in Latin America for the advent of Artificial Intelligence
• Chile’s Ministries of Science and Interior Present Cybersecurity R&D Report: Chile’s Ministry of Science and Ministry of the Interior and Public Security have unveiled a comprehensive study on cybersecurity research and development. The report, part of the country’s cybersecurity strategy, provides insights into the current state of—and future trends in—cybersecurity, identifies research networks and international collaborations, and pinpoints priority areas in R&D that require public support.

Intellectual Property

• INAPI Leads Initiative Seeking to Enhance Magallanes Wool via Industrial Property: The goal is to strengthen the productive and supply chain of wool, promoting its use at the national and international levels. The strategy includes the use of industrial property tools to add value and recognition to this emblematic regional product.

Data Protection and Technology

• Valle del Cauca Receives First PotencIA Centers from Ministry of Information and Communication Technologies: The Colombian municipalities of Buenaventura, Tuluá, Cartago, and Palmira are the pioneers in the “PotencIA Centers” project, with 75 of these centers planned to be built in 26 departments across the country. Minister of Information Technology and Communications Mauricio Lizcano announced the launch of this program, advancing digitalization and the adoption of technology in the country, promoting the democratization of artificial intelligence and what it has to offer.
• Colombia Discusses Changes to Its Personal Data Protection Law: Colombia is discussing modifications to its personal data protection law. Cielo Rusinque, Superintendent of Industry and Commerce, highlighted that reforms to the regulatory framework are necessary to align the internal regime with international standards. The discussion took place at the IX Congress of Personal Data Protection, organized by the Superintendence of Industry and Commerce, the University of Rosario, and the Externado University of Colombia. The congress discussed various topics, including children and adolescents in the digital environment, the international data transfer regime in Colombia, the need to transform the legitimizing bases of data treatment, the need for proper data treatment in state entities, and artificial intelligence and other new technologies.

Data Protection and Technology

• Mexico Re-elected as President of the International Conference of Information Commissioners: The International Conference of Information Commissioners renewed its trust in the National Institute for Transparency, Access to Information and Personal Data Protection to lead the forum, which includes 88 authorities defending the right of access to information from 57 countries across five continents.

Data Protection and Technology

• Uruguayan Industry, Energy and Mining Minister Says Uruguay Aims to Be a Leader in Artificial Intelligence: At the launch of IA Tech Challenge 2024, Elisa Facio, head of Uruguay’s Ministry of Industry, Energy and Mining (MIEM) explained the work that MIEM—and the country—have done to advance innovation, ethics, and sustainability in the field of artificial intelligence.

Intellectual Property

• Uruguay Approves Entry to PCT: The government sent a bill to Parliament for the country to join the Patent Cooperation Treaty (PCT). The PCT provides assistance to applicants seeking international patent protection for their inventions.

Data Protection and Technology

• Financial Entities Called to Sponsor MSMEs: The Central Bank of Paraguay has launched its “Digital Economy” pilot program and has called on financial entities to participate in the project, which seeks to promote the adoption of electronic payment systems for small-and medium-sized companies, thus facilitating and reducing costs in transactions, contributing to the financial sector.

Intellectual Property

• DINAPI Warns About the Problem of Piracy of Audiovisual Content: Paraguay’s National Directorate of Intellectual Property has raised concerns about the significant economic impact of digital piracy, particularly affecting audiovisual content. The authority put special emphasis on the illegal retransmission of local football matches. This illegal practice is estimated to cause annual losses of US$100 million, severely impacting the national economy and the creative industry.