Innovation Without Patents

Innovation Without Patents

Harnessing the Creative Spirit in a Diverse World

Edited by Uma Suthersanen, Graham Dutfield and Kit Boey Chow

A question the book considers is how far legal protection should extend to inventions that may only just, or indeed not quite, meet the conventional criteria for patentability, in terms of the level of inventiveness. Innovation without Patents offers a thoughtful and empirically rich analysis of the current system in a number of developed and developing countries in the Asia-Pacific. It asks whether such innovations should remain free from patenting, or whether alternative intellectual property regimes should be offered in such cases, and indeed whether the requirements change depending on a country’s level of development. This discussion is capped by a number of proposed policy options.

Chapter 10: Utility Models in Latin America

Manuel Marquez

Subjects: innovation and technology, intellectual property, law - academic, intellectual property law


Manuel Marquez 10.1 Utility Models in Latin America In Latin America, examples exist of regional utility model regimes that hold each country to harmonised standards (the Andean Community) and of countries designing their own national system (that is Mexico, Argentina and Brazil). This chapter covers the Andean Community Common Regime on Industrial Property and the Mexican UM regime. The Andean Community Andean Community Decision 486 of 2000 established a Common Regime on Industrial Property for the five member countries (Bolivia, Colombia, Ecuador, Peru and Venezuela). The decision does not create unitary IP regimes but defines standards that must be adopted by each member. Title III of the decision deals with UMs. A UM is considered to be a ‘new form, configuration, disposition of elements, of any artefact, tool, instrument, mechanism or other object or any part of the same, that permits a better or different functioning, use or manufacture of the object which incorporates or which offers any use, advantage or technical effect that it did not have pre viously’. The term of protection is ten years from the filing date. UM applications can be converted upon request to patent applications as well as vice versa. 10.2 A Case Study on Mexico Mexico, on the other hand, opted to design its own system. Efforts to legally protect technological innovation have a long history in that country. Indeed, the first regulation for the protection of inventions was enacted in 1820, when Mexico was the Spanish colony of New Spain. Since those...

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