Gold Medal for Chile

Maximiliano Santa Cruz Scantlebury
National Director of the National Institute of Industrial Property – INAPI

In 1986 the world heard the breaking news on the field of medicine. The Food and Drug Administration (FDA) announced the approval of the first recombinant vaccine, product developed to fight the Hepatitis B virus, a potentially mortal infection.

The Chilean biochemist Pablo Valenzuela Valdés was behind this historic scientific achievement. He became a referent of the genetic engineering as well as a pioneer on the technology transfer at the University of California, San Francisco.

The invention was patented and then licensed to pharmaceutical firms who were responsible for distributing the vaccine to dozens of countries. The license agreement has become the most prolific in term of economic results for the University of California, San Francisco in almost two decades, allowing funding new discoveries and further technology development.

Later the protection of industrial property on the vaccine, based on research about yeast, produced a number of tests which transformed the blood banks in a safer source.

Dr. Valenzuela´s contribution still gathers praise. On last October 22nd he became the first Chilean scientist to be awarded with the Gold Medal for Inventors, given by the World Intellectual Property Organization (WIPO). The award was promoted by The National Institute of Industrial Property of Chile (INAPI), due to Valenzuela significant contribution to the creation of new knowledge and its appropriation, which has meant a truly entrepreneurship engine for development.

The award had a special meaning for the patent system, as was given at the first anniversary since INAPI began operations as International Searching and Preliminary Examining Authority (ISA/IPEA) under the Patent Cooperation Treaty (PCT). This new role, reserved only for 21 national agencies in the world, has meant a stimulus for Chilean universities and inventors in order to globalize their inventions and reach bigger markets.

During this year, 11 countries from Latin America and the Caribbean, which are PCT members, have designated the Chilean office as the mandated office to search and conduct the preliminary examination on patents.

Thus, the Chilean agency of industrial property provides services beyond their borders as well as Chile paves the way for the proliferation of new inventors who might impact the world with their technological developments as Pablo Valenzuela did almost three decades ago. He is the undisputed winner of the WIPO Gold Medal.

From vlogger to freebooter – the difference a URL can make

Adriana Hernández Gallegos
Project Manager at Instituto Tecnológico de Estudios Superiores de Monterrey – ITESM

In November 2015, the number of videos that were published in Facebook pages exceeded the number of audiovisual works registered in Youtube, making Facebook the most popular platform for sharing videos. Facebook has worked hard in recent months to improve video-watching features and functions, and adjusting its algorithm to give preference to those videos that allow more interaction. Facebook has now become the giant of video-sharing in the internet.

The quantity of video posts uploaded on Facebook is impressive, but recently, many video creators are rightly complaining about the dubious origin of the videos shared on this site and the lack of copyright enforcement strategies by Facebook. And what does this have to do with you? Many of us have probably watched a video on Facebook that was uploaded without the authorization of the video creator. Actually, according to a recent report from Ogilvy and Tubular Labs, “out of the 1000 most popular Facebook videos of 2015, 725 were re-uploads by people who didn’t own the video.”

This action of downloading copyrighted content from a media hosting site and re-uploading it without the creator’s authorization is called “freebooting”, a term created by Brady Haran, during his “Hello Internet” podcast. Before the term existed the practice of re-uploading content without authorization was called “infringement”, but as Haran said, it was considered a very soft word for this practice.

Right now many people and companies continue to freeboot, impacting the economy of Youtube channels and creators. But how is this happening exactly? Remember those ads showing when you start watching a video on Youtube? Well this is part of the revenue sharing strategy from Youtube, in which the site shares a percentage of money given by companies for advertisement to the creator of the video where the ads are being shown. Believe it or not, there are people that make a living in Youtube, but they need a large number of views to make a real income from their videos. If someone posts and shares a freebooted video, the views from the freebooted video are not counted toward the number of views that are profitable to the creators. In other words, each time a freebooted video is watched, the creator of such video loses the opportunity to make a profit.

Youtube video bloggers (Vloggers) around the world have started the conversations about how this dishonest practice affects their industry, pointing in particular the lack of protection they have in some social networks and sites. Specifically, Facebook has become one of the most criticized sites by the vloggers, given that the massive number of Facebook users represents the vlogger’s main opportunity loss.

Hank Green, American entrepreneur, blogger, and vlogger, famous for his YouTube channel “Vlog Brothers”, published a blog post where he accused Facebook of cheating, lying, and downright stealing video content. Facebook responded to this accusation arguing that they are committed to help people and organizations protect their intellectual property rights, but the company has not made any substantial changes to their video management platform to prevent freebooting.

What can you do to prevent it?

If you want to promote an artist, a creator, or a vlogger; you need to provide the URL to the source material allowing users to directly access to the original media site. You can also help by reporting those videos that are being freebooted on social media and other sources. These solutions are free and take only a few clicks. It comes back to the average user to make the internet a better place.

PCT: The backbone of the international patent system

Maximiliano Santa Cruz Scantlebury
National Director of the National Institute of Industrial Property – INAPI

It has been over six years from the entry of Chile to one of the most important and successful agreements of intellectual property. The 2nd of June of 2009 our country was incorporated into the 148 member nations of the Patent Cooperation Treatment (known as PCT), managed by the World Intellectual Property Organization (WIPO) and which saw the light over 40 years ago, in 1970.

Practically all of our major commercial partners like United States, the European Union, Brazil and China are PCT members. In addition, it can be highlighted that countries with very different economic developments such as Australia, Mexico, Canada, South Africa, Japan, Malaysia and India are members as well. This proves the trust put in this international agreement, which also foster innovation and technology transfer, through the free and efficient access to an enormous database of technology information on patents.

The incorporation of Chile to the PCT has completed a triad of significant events that have strongly impacted on the intellectual property system in our country. Besides the implementation in Chile of the intellectual property agreement from the World Trade Organization´s (WTO), during 2005, as well as the signing of a couple of free trade agreements, remarkably the one with United States, the PCT has closed a cycle of important transformations within our intellectual property system.

The PCT is a strategic tool in two aspects. On one hand, facilitates the patenting of our nationals overseas; as counterpart the foreigners obtain a much more easy access to patent in Chile. On the other hand, expedites the work of industrial property offices and improves the quality on granted patents.

This agreement concentrates a large interest from the Chilean innovators, expressed on the 48 patent applications at INAPI during the very first year of the enactment entry. Such figure is one of the highest at the Latin American level, during the first year of the enactment of this treaty.

Before this agreement, Chileans should make the patent application on every single country where they wanted to have protection, immediately after the first 12 months to its application in Chile; in that form, the invention still was considered a novelty, and if they would intend to use the PCT, Chileans should associate or find administrative loopholes.

Nowadays Chile is part of the PCT and national innovators can simply apply with an only solicitude at the National Institute of Industrial Property (INAPI), which will be considered as simultaneously applied in each of the 148 country members of this treaty.

This allows saving costs, because they are not required to make multiple translations on the application, nor undergo to diverse procedures and neither make payments on multiple currencies according to where they would like to protect. Today they can apply in Spanish, in a single procedure to be paid in Chilean pesos.

The PCT is a good example of globalization and internationalization of the intellectual property system. Its virtue resides in the enhancement of the international patenting and the cooperation of the industrial property offices, and at the same time it does it respecting the whole sovereignty of the member countries which can freely determine the patentability conditions and deciding whether an invention is finally patentable.

The PCT is a crucial tool to achieve the goals of the Ministry of Economy in Chile, about strengthening the institutional framework for intellectual and industrial protection, promoting the invention as well as patenting among Chilean scientists and entrepreneurs.

If the WTO intellectual property agreement in 1994, known as TRIPS or ADPIC, was probably the most transcendent milestone of the past century for substantive harmonization, the PCT was the equivalent on the matter of cooperation and infrastructure on the global patent system. So much so that Francis Gurry, current WIPO Director General, has called it the “backbone of the international patent system”.