What is the real situation of the intellectual property's legal matters in latin america?
I. Introduction II. Types of software piracy III. U.S. and Latin American intellectual property IV. The Battle of the institutions in Mexico V. The Battle of the institutions in the United States VI. Mexican Law VII. The CD as a means of selling illegitimate VIII. Conclusion I) Introduction It has been said that piracy exists because of the huge profits for those carryi ng out this illegal activity under the plea of the law of supply and demand, so much so that there is a belief that when you lower the costs of the product prot ected by copyright author of intellectual tasks and specify a fair price to pay to the author's economic rights and the profits of those that sell industrial, p roduction chains will be encouraged, the fact that this solution appears to abat e those piracy figures in those areas industrial property and copyright, are lik ely to be easily deceived in industries such as production and cost of the discs . In decades past, piracy was unusual, and even romantic, places in the Mexican Re public, such as poplar tianguis, located just steps from the museum of the same name in the Federal District, was and is a meeting point for those who looking f or alternative versions of their favorite artists, however, with the passage of time and advancement of new technologies infringements of intellectual property have increased dramatically, causing millions in losses to the industry of music , literature and film to name a few, on the following pages, we will see the cur rent status of this intellectual property infringement in America. II) Types of Piracy When we talk about piracy, usually do not refer to an unauthorized copy, which i s produced distributed, including content that is protected by related rights an d copyright. This also includes the making of copies which are made available to the public of copyright material without the consent of the copyright owner or group of authors. There are several types of piracy, but is listed, one of the most common: Piracy of books: One of the countries with piracy of books is Bolivia, which, ev en makes a fair pirated books each year, and although in the year 1996, seized m ore than 500 books and won the arrest of eight suspects offenders, the tentacles of this type of activity is longer than that. Movie Piracy: Illegal copies of movies are the most common thing, 30% of the tot al of people who were surveyed, reported that owners were aware of local video r ental, which were pirated material on their shelves, the which provided the orig inal pair. The origins of piracy of movies, beginning after the Second World War, with the advent of 16 mm cameras, which facilitated the illegal copying of 35 mm, even in those days, was common to the studies, did not pay much attention to issues of copyright and in many cases the old films were sent to laboratories to recover c hemicals (especially silver) based on their Destruction, of course these places was an excellent breeding ground for pirate copying. (Paradise, 1999) Software Piracy: The stratospheric growth of the Internet and the number of user s, has become the computer underground, in a place, which also affects and is th at different modes of transition of data through the wide network, has led thous ands or even millions of copies of recorded programs, are sent from one place to another without any restriction at the expense of producing them. Latin America has 63% worldwide of this activity, causing the computer industry to the detrim ent of the order of one million three hundred thousand dollars. (Oz, 2006) Other types of piracy include the snuff and cigarettes, auto parts, toys, food, beverages and electrical and electronic products, of which Latin America is a ke y market and which has detected the use of the three most common forms Sales of these products, the first through established stores, flea markets and second in the third via the Internet. (OECD, 2008)
III) United States and Latin American intellectual property Most countries, including U.S. allies, the Japanese video games, the Germans and Swiss with their medicines and the French and British films, have preferred to be this, the manager of hard external policies concerning intellectual infringem ents, so that this country is more demanding in this respect than to have any bu siness relationship with the rest of the world, as mentioned above. The U.S. steel industry, came to the conclusion that intellectual property prote ction in countries like Mexico, Argentina, Brazil and Venezuela, was so weak tha t did not give them the confidence to lead and implement their highest technolog ies in the same, the same happens to the food industry, which calls to Mexico, w ith a level of protection of 25 and Argentina and Chile with 12, being the lowes t. (Edgardo Buscaglia, 1997) Proof that the free trade and piracy are not kept, could be seen in the early da ys of the signing of NAFTA, with actions to eradicate piracy; by the Mexican aut horities, who confiscated the cassette stalls and even the headquarters of the N ational Provincial insurer, received an unexpected visit, where they confiscated several copies of software in most of Microsoft's Office suite. The then Presid ent of the National Association of the Software Industry (ANIPCO) mentioned in t he year 1991, that terms of 2400 dollars and six years in prison were "too benev olent." (Belsi, 1997) However, Mexico still ranks fourth worldwide in sales of smuggling and piracy, a nd the first in Latin America (according to figures from the Global Report 2005, Special Report 301, International Alliance for Intellectual Property) resulting in the 2006, losses of 1, 200, 000.000 dollars to various industries risking fo reign investment in the country. The illegal goods, you enter by land and sea (n oted the port of Manzanillo, Colima, as a major), is consumed by Mexicans regard less of the purchasing power they have. In addition the organization for Economi c Cooperation and Development (OECD) that smuggling at the border was about the order of U.S. $ 200.000 million, the registered illegal pirated goods marked res ults in 80% of movies, music discs 70%, 65 % software, 60% of users pay televisi on, satellite television 30%, 50% linen, 30% on books, 20% pairs of shoes, 30% o n wines and spirits, 50% from the market, and 20 to 40% on jewelry. (Garcia, 200 7) IV) The Battle of the institutions in Mexico In 2004 the Second Meeting of Ministers and senior officials of culture by the O AS developed executive summary on the topic of culture as is general economic gr owth as well as sources of employment and development, and identify where high l evels IP infringement in the industries listed above lines, the suggestion of a copyright policy in two directions: to educate and generate awareness about the importance of copyright infringement and how it damages the economy of the indus try and generating jobs, further training, to the police forces on how to identi fy violations of it. The generation of laws that are effective in punishing this crime nationally supported in operations aimed at preventing the distribution a nd production of materials originating from piracy. Two years later, officials and businessmen of the Mexican Republic signed the na tional agreement against piracy, smuggling, trying to combat this illicit indust ry and regain domestic market. The government was committed to the development o f intelligence work with trained staff tending to break up organized crime gangs engaged in the production of pirated material, was a point of agreement which s tated that the legal framework and also protect the right doctor related rights and industrial itself, this must be improved with a view to more efficient regul ation of the legal institutions and doomed to issue sanctions were applied accor ding to the seriousness of the act in the interests of better protection for tho se who develop their activities within the law. The judiciary judiciary proves t hat both the Federation and the state involved to try to establish in the field of copyright and intellectual property for the interpretation and enforcement ar e within this framework. In the Mexican Republic's efforts are set to rights holders combat piracy and il legal reproduction through collecting societies, in the case of other countries like Colombia, trade associations, are taking the baton. However it is noteworth
y that the agreements signed at international level on intellectual property fai l to describe how to combat the violation of copyright and confidence to go in t he way that each of the signatory states made special laws that allow enforcemen t. (Montroni, 2007) Is only important to regulate all subsectors that are linked to intellectual pro perty, Federal law copyright in Mexico seeks to minimize the damage caused pirac y, charging producers of computer equipment which involve the same material play back protected businesses and individuals. The court's enforcement of copyright is the Mexican Institute of Intellectual Property, however the laws suffer from a lack of adequate mechanisms to address the problem so the trend is that regula tion is consistent with the practices and criteria applied abroad as this topic goes beyond the limits Mexican border. In 2001 and 2002 regulated the electronic commerce and access to public informat ion, the Programme for the Development of Software Industry (PROSOF) is used as a means for the strategy of the Ministry of economy, including inter alia the dr aft National e-Mexico, whose objectives are: first, the creation and development of a software industry with a view to international markets, and second, streng thening the domestic market in substantive activities of public and private sect or and third, establishing a national policy plan that will allow sustainable de velopment in foreign trade in these services. (German, 2006) On June 15, 2006 was signed national anti-piracy agreement called this as all th ose goods or goods that are leased, transported, sold, reproduced, sold, importe d and stored, contrary to what is established in federal law of copyright in ind ustrial property law, that is, piracy is incurred when performing actions that a re crimes against property and edited without permission from the owner or autho r. V) The Battle of the institutions in the United States The Department of Justice of the United States has also undertaken actions again st piracy, as shown in the case of the group known as "Rabid Neurosis" or RNS, w hich included members of the music industry and software as employees who had pr imitive access to works and programs that have not yet seen the light, which mad e illegal copies distributed through the Internet, on occasion, some of the ille gal copies, were made based on products fresh from the market, this to prevent o ther groups creators of illegal copies, put them in the vast network before them , the detainees are still in trial pretend copyright and could face a sentence o f five years imprisonment and a $ 250,000 fine and three years probation Conditi onal orders and possible restitution. (U.S. Department Of Justice, 2009) The copyright law of the United States and laws contained in Title 17 of the cod e of that country, mention that violates the right doctor anyone who violates th e exclusive rights of the owner of that right, also mentioned that any court hav ing jurisdiction may exercise civil action against it, in addition to confiscati on of copies, casts, tapes, negatives, etc. addition to the records relating to the manufacture, sale and receipt of them. The victim may require statutory dama ges, that is, he has a chance to claim the recovery of damages suffered by him o r her as a result of the violation of its copyright in addition to compensation. (U.S. Copyright Office, 2003) VI) Mexican Legislation Copyright is considered a set of legal rules underlying the regulation of the ow nership of one's artistic and intellectual, this core of basic standards of the Mexican Republic is based in federal law of copyright and existing international conventions , it replaced the order that had been in force since 1963 with all its reforms, turning up at regulation in Article 28 which aims to promote and sa feguard the cultural heritage of the nation, protect the rights of authors, perf ormers performers, bodies that deal with broadcasters, producers and editors, wh ose relationship with works of literature or art is given in all its manifestati ons, whether performances, phonograms, performances, videos, releases and any ot her rights intellectual property as discussed in the first article of the law. It is considered that the provisions of this law is a matter of public order and social interest, plus it must be observed throughout the country, the administr ation of the application of the same correspondence is sometimes the Mexican Ins
titute of Intellectual Property mostly from the National Institute of copyright, as shown in the second article. The third article mentioned that this law protects all original works that have the susceptibility to be disclosed or reproduced in any form or medium, which ar e classified according to the author, which may be a pseudonym or anonymous or k nown, based on the way that is communicated either in a publication, distributio n or original way, according to their origin and is derived or primitive and, fi nally, according to the creators involved, which may be collective or individual contributors (Article Four .) A work is protected from the moment that is fixed in some material not yet have formalized this way before, it sustained in the fifth article which defines what is the setting, on the other hand, article seven grants national treatment to f oreign owners or authors rights and the protection section eight primeval settin g that has been carried out outside national territory, the general rules determ ining computing terms of protection are in the ninth article, and how which spec ifies the system of suppletory in the tenth. We have then that the law protects the economic and moral rights of authors, in the latter the author is the only p rimordial and perpetual ownership on the works of creation which can not be arre sted, waived prescribed or alienable, the former deal the rights that the filmma kers directors, co-heirs as well as state or when the work is used in advertisin g or advertisements. (Ortiz, 2000) The competent authorities which should be reported to the fraction of any intell ectual property rights are the Attorney General's Office and the Mexican Institu te of Industrial Property that according to the Federal law of copyright, the fe deral criminal code and industrial property law. Competition also to denounce th ese crimes lies with the courts of the Federation which will take precautionary measures that are motivated by the application of the law. If there is between a ny particular civil and commercial disputes arising from orders or judgments to be issued by this related to a violation of intellectual property law the plaint iff may choose to be the knowledge of the federal courts or courts of common ord er of submission shall not prejudice individuals to arbitration, unless it is su bject that they have affected only particular interests. On December 1, 2009 the Chamber of Commerce (ICC) in conjunction with Business A ction to Stop Counterfeiting and Piracy (BASCAP by its acronym in English) launc hed a series of guidelines on intellectual property so that Latin American firms were supported to protect copyrights and trademarks in order to discourage the marketing of goods pirated and counterfeit. The title of these was "intellectual property guidelines for business" which was printed in Portuguese and Spanish t his during the congress to combat counterfeiting and piracy at the fifth Congres s in Cancun, Mexico, the purpose of these companies is to test information and h ow that may have sheltered the creation and innovation of products and services which is based in the very intellectual as well as protection from the risk of u sing counterfeit materials or to breach reserved other companies. This year, the House of Representatives approved amendments to the industrial pr operty law and federal criminal code to prosecute ex officio power to those enga ged in the sale and marketing through merchandise and public place "pirate" and also products displaying a counterfeit mark protected by the Act. The initiative to draft decree was submitted submitted and approved by the Members of the Sena te since April 2008 and it took a year for discussion and approval by the Senate , which sent deputies back to the record for review. It was adopted in most arti cles 223 bis of the law of industrial property and 429 of the federal criminal c ode, the latter provided that any crime in copyright lawsuit would be pursued by the injured party and now with this reform prosecution shall be ex officio, exc ept when in charge of editing and production have made recording a higher number of copies of the copyrighted work under the Federal law of copyright, that the right holder has authorized and has been knowledge. The pursuit of trade will co ver all forms of infringement of copyright (introduction playback storage, etc.) Done in a malicious way to speculate how commercially without the authorization of law, as stated in Article 424 of the law. Similar case in their own industry , in pursuit of office to come to any final consumer or public place means inten
tionally and commercial speculators, articles bearing counterfeit trademark prot ected by industrial property law. Federal law as copyright, is responsible for p rotecting software and intellectual property not the crime of selling pirated co pies of software could also be prosecuted ex officio. The seller pirate may be p unished by two to six years in prison and fines of around $ 5746 to $ 574.600. VII) The CD as a means of selling illegitimate Paraguay and Mexico have the highest standards of CD piracy in Latin America wit h 95% first and second with 65% in a market that represents sales ranging from 2 00 to 210 million units of illegal sale, the format used is CD-R seizures made i n the region put Mexico in the head with 3,800,000 copies, some 2,700,000 Brazil , Paraguay Peru with 2,300,000 to 1,600,000 and Colombia with 800,000. We are lo oking to implement methods to take an accurate measurement of piracy, based on f oreign trade statistics. The International Federation of the Phonographic Industry (IFPI for short) defin es a copy of phonograms without the authorization as a violation in the commerci al field of copyright and piracy, which has been classified into two categories: 1) Forgery: when a phonogram is duplicated and packaged in a manner that is as c lose to the original, even to reproduce the logos and marks of the original prod ucer to mislead the buyer about the originality of the product. 2) Piracy simple: when original phonogram is duplicated for marketing without be ing authorized by the holder of rights differs from the original packaging and i s usually a collection by type of music including artists or success of one . And it is here that music piracy has seen a growth of major proportions that go hand in hand with the evolution of technology and the creation of formats that m ake it easy to copy including their means to achieve them, as the aforementioned CD and Internet, which carries out the realization of copies on a massive scale which will be supported by the inclusion of high-quality burners built into per sonal computers, leading figures from global piracy to 1,800,000 million units i n 2000 and decide illegal sales which account for more than a third by 36% the a rrival of blank compact discs to piracy did it increased from 26% to 35% represe nting the value of piracy in the United States of 4.1 billion dollars glimpsing addition, that piracy was not only true at the industrial, but even at home, whi ch were facilitated this activity with sales in shopping centers and DVDs CD tow ers. (Jaramillo, 2003) And within the cultural industries that are more benefits stop music, movies, bo oks, theater and television, even with the high sales figures on piracy have rea ched even to compete with the formal market. This economy "pirate" obscures the reality of the circulation of cultural products in their real context. The involvement of more than 8 million people in Mexico's economy disc piracy, i t is very noticeable. While in Chile, in Santiago, is made public that piracy in that country has even surpassed that of Brazil and Argentina that losses genera ted $ 15 million to producers in the South American country. (Tremblay, 2003) In the Mexican city of Guadalajara, Mexico established the project plus, which h e invited street vendors to sell legal, since failure to do so his license was c anceled, and companies like Amprofon strongly support the sale of music Internet portals such as Tarabu.com, where an entire album costs $ 152 and $ 13 a song. In the last decade the Mexican Republic has lost 7000 points of legal products, which disappeared and the music industry had to get rid of 60% of its workers. VIII) Conclusion Of piracy can be said that most people will not be carried out by it but was con vinced by the fact that everyone does it, in any way but this has become commonp lace, is still a serious violation copyright law and any thing you do has a cons equence, in this case, a negative. The copyright owners, must work together with authorities to counter the effects of piracy, and so far, only four of 32 state s have made real action to combat it and its 2400 municipalities, are closely in tertwined with informal trade which leaves the infringement of copyright aside n ot to lose votes to the pair of great corruption. The approach to combating this phenomenon must be from a global perspective, thr ough the formulation of measures that lead to legal frameworks, implement and en