Derecho de los Mercados - Superintendencia de Industria y Comercio [PDF]

industrial. Protección al consumidor. Competencia desleal. Derecho de los Mercados de. II CONGRESO INTERNACIONAL. Pablo

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Idea Transcript


II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Pablo Felipe Robledo Del Castillo

Superintendent Superintendence of Industry and Commerce The Superintendent of Industry and Commerce obtained his J.D. from the Universidad Externado de Colombia. He is specialized in Civil Litigation and is currently a Master degree candidate in Civil and State Contractual Liability and Breach of Statutory Duty from the same university. During the first two years (2002-2010) of govern of the President Juan Manuel Santos Calderon, the Superintendent served as Deputy Minister of Justice and Law, and Deputy Minister for Promotion of Justice. He also acted as Deputy Minister for Criminal and Restorative Justice Policy (In charge), Minister of Justice and Law (In charge), and Director of the National Defense Agency for State Law (In charge). He is recognized as a the promoter of recent high impact laws, such as the General Code of Procedure, the National and International Arbitration Statute and the Administrative Procedure and Administrative Dispute Code. He has a long academic career, where he has performed as Professor of the Universidad Externado de Colombia and Universidad de los Andes in the areas of litigation and intellectual property. Mr. Robledo practiced Intellectual Property Rights for over 15 years in different areas, but He

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

has dedicated time enough to become a truly expert in Plant Breeder Rights. He is a Member of the Colombian Institute of Procedural and Trade Law, of the Bar Association and of the Panel of Arbitrators of the Arbitration and Conciliation Center of the Chambers of Commerce of Bogota and Pereira. On October 2, 2012 the President of the Republic of Colombia, Mr. Juan Manuel Santos Calderón, appointed him as Superintendent of Industry and Commerce.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

José Luis Londoño Fernández

Deputy for Industrial Property Superintendence of Industry and Commerce The Deputy for Industrial Property Matters obtained his J.D. from the Universidad Externado de Colombia, specialized in Industrial Property, Copyright and New Technologies. Jose Luis started his journey through the IP world as a Trademark Examiner at the Superintendence of Industry and Commerce, then became a Senior associate at the law firm Olarte Raisbeck, where he was in charge of Trademark Prosecution, and litigation regarding IP Infringement, unfair competition and antitrust. Before being appointed as Deputy, he worked as an in-house attorney for IP at the National Federation of Coffee Growers, where he managed the Federations Worldwide IP Portfolio, including the well-known trademarks Juan Valdez and Colombian Coffee. Jose Luis has been a Member of the Colombian IP Association (ACPI); He has also participated in several INTA and ASPI meetings, and has been part of their Geographical Indications Comittees. He is also a Professor at the Universidad Externado de Colombia, in the IP Post Graduate Course, where he lectures Distinctive Signs and Denominations of Origin. In Addition, Jose Luis wrote an article about Geographical Indications and

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

their scope of protection, which was published by the Universidad Externado de Colombia in 2009. He was appointed Deputy for Industrial Property Matters by the Superintendent of Industry and Commerce on October 1, 2010. Among his achievements as Deputy, he has placed the SIC as the fastest Patent Office of America and third fastest in the world.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Alejandro Giraldo López

Deputy Superintendent for Control and Verification of Technical Reglaments and Legal Metrology Superintendence of Industry and Commerce J.D from the Rosario University; PhD candidate in Sociology at the University of Salamanca; Master in Economic Law from the Pontificia Universidad Javeriana; Masters in Sociology of Law of the International Institute of Sociology Legal Oñati Gipuzkoa - Spain; First Place and the Internship of the VII Program of the General Secretariat of the Andean Community INTAL on Community Law and the Andean Community. Additionally, he has participated in numerous courses, seminars and diplomats in prestigious institutions in Colombia, Spain, Peru and USA. Among the positions he has held are the Legal Vice Presidency of the National Retail Federation FENALCO; Representative of Colombia to the Iberoamerican Federation of Franchising FIAF; Advisor to the Office of the Superintendent of Industry and Commerce and Member of the Boards of Certicámara, ICONTEC and QUALITY CORPORATION. Likewise, he has taught at the Pontificia Universidad Javeriana, Colegio Mayor de Nuestra Señora del Rosario and the Universidad Nacional de Colombia.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Felipe García Pineda

Deputy Superintendent for Jurisdictional Issues Superintendence of Industry and Commerce Graduated from the Universidad Externado de Colombia, he has a post-graduate degree in Intellectual Property, Copyright and New Technologies of the same institution, and Business Law from Javeriana University. Additionally he has a Masters in Legal Practice of the Institute Empresa de Madrid (2006 - 2007) and Master of Competition Law - Queen Mary School of the University of London, where he was graduated with honors (2007-2008). Mr. García Pineda has extensive experience in matters of unfair competition, industrial property and consumer law, he worked as a lawyer and litigator consultant on these issues for several years. After doing graduate in Spain and England, he worked in the Delegation for the Protection of Competition for the Superintendence of Industry and Commerce between 2008 and 2010. Then, he returned to the private sector as a Lawyer for the firm Prieto Carrizosa, where he led the area of competition law and consumer. In 2011, he returned to the public sector as advisor for the Vice-Minister of Justice, current Superintendent of Industry and Commerce, in the Ministry of Justice and Law, where one of its main functions was to push

@sicsuper

Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

legislative agenda of the Government in justice in the Congress. He should acquire the approval of the General Code of Procedure and the Statute of National and International Arbitration. He has also taught business law at the Universidad Externado de Colombia, and he is a frequent lecturer on intellectual property and competition law.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Jorge Enrique Sánchez Medina

Deputy Superintendent for Consumer Protection Superintendence of Industry and Commerce Lawyer of the Universidad Externado de Colombia and specialist in Economic Law, he has a graduate degree in Economic Analysis of Law from the same institution, he also has Master of Laws -LLM- from the Northwestern University of Chicago and CBA from the Instituto de Empresa in Madrid. He teaches on issues of competition law and consumption at Jorge Tadeo Lozano University. He served as a lawyer at the Constitutional Court and the Supreme Court. He also worked as an Advisor for the Legal Secretariat of the Presidency of the Republic and served as Deputy Superintendent for the Protection of Competition during the period 2007-2010, where he was in charge of important investigations about restrictive practices of competition such as: research into anti-competitive agreements against health promotion entities (EPS); anticompetitive agreements in the cement market; breach of commitments offerings guarantees from CREDIBANCO, Redeban and its partner banks related to the determination of the interbank exchange rate (TII) , among others.

@sicsuper

Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Albert Keyack

Intellectual Property Attaché to the South American Region United States Patent Office - USPTO Mr. Albert joined the United States Patent and Trademark Office (USPTO) and was sworn in as a Foreign Commercial Service Officer by the Department of Commerce in 2011. Previously, he spent over twenty years in both law firms and working as in house counsel. During his career, Albert has represented clients in matters involving patent and trademark prosecution, numerous types of intellectual property litigation and has also been involved in a variety of transactional matters such as licensing, financing and acquisitions. Mr. Keyack earned a degree in Mechanical Engineering from Villanova University and a law degree from the Rutgers University School of Law. He is licensed to practice law in Pennsylvania. He resides in Rio de Janeiro, Brazil.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Horacio Rangel Ortíz

Partnet Rangel Y Rangel S.C.

Dr. Rangel practices intellectual property law since 1982. Partner with the Mexico city corporate and intellectual property law firm RANGEL Y RANGEL S.C. He is a Past President of the International Association of Teachers and Researchers in Intellectual Property. Dr. Rangel is a former President of the Mexican Group of AIPPI (Association Internationale pour la Protection de la Propriété Intelectuelle), and a former Vice-President of AIPPI. Past Chairman of the Intellectual Property Committee of the Mexican Bar (Barra Mexicana-Colegio de Abogados). Chairman of the International Treaties Committee of the Mexican Association for the Protection of Intellectual Property (AMPPI ). He holds three law degrees (Universidad Iberoamericana, Mexico City 1980, George Washington University, Washington, D.C. 1981 and Universidad Panamericana, Mexico City 1994). Professor of intellectual property law at the School of Law of Universidad Panamericana in Mexico City (1982 - ), Universidad Panamericana, Campus Guadalajara, and school of Law of UNAM. Author of the doctoral dissertation "Patent Infringement" and of more than 130 articles and legal studies regarding domestic and international

@sicsuper

Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

aspects of intellectual property law published in legal periodicals of 15 countries. Dr. Rangel has presented more than 160 papers and lectures dealing with domestic and international aspects of intellectual property law in congresses, seminars, conferences, and workshops held in more than 25 countries of America, Europe, Africa and Asia. Member of the Advisory Board of the Institute for Intellectual Property & Information Law of the University of Houston Law Center. Member of the Editorial Board of five legal periodicals published in Mexico, Argentina and Spain.

@sicsuper

Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Jose Meythaler

Lawyer ... Lawyer since 1988 and main Partner of the Firm Meythaler & Zambrano Lawyers. He is known as one of the most experienced lawyers in Latin America in Litigation Patent and Unfair Competition. He is qualified as a specialist in Public Law, Business Law, Competition Law, Intellectual Property and Litigation. He is also known as an expert on pharmaceutical issues and is the current adviser of several Pharmaceutical Industries and Agrochemical, he has led major defense cases pharmaceutical patents in Ecuador. Among its most important positions are: Judge of the Center for Mediation and Arbitration of the Ecuadorian American Chamber of Commerce. Professor of Administrative Law at the Post-Graduate Course on Administrative Law at the University San Francisco of Quito. Professor of the Masters Program of Intellectual Property at the University of the Americas, UDLA. President of the Intellectual Property Committee of the American Chamber of Commerce since 2010. Former Ecuadorian Director of the American Chamber of Commerce in Quito, Ecuador until 2010. Member of the Ecuadorian Institute of Roman Law and the Ecuadorian Institute of Tax Law. General Manager of Shell Oil Company SA Ecuador Executive Director of the Ecuadorian Association of Phonogram ASOTEC until 2000. Main Member of the Board of the Ecuadorian Institute of Intellectual Property IEPI until 2003 .

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Luis José Diez Canseco Núñez

Magistrado por la República de Perú y actual Presidente Tribunal de Justicia de la Comunidad Andina Mr. Diez, graduated from the Catholic University of Peru (1985). Master (MCL), George Washington University Law School (1988). Doctorate in Law, Candidate (2002). Fulbright Scholar (1987-1988). Hubert H. Humphrey Fellow, American University (2001-2002). Visiting scholar, George Washington University Law School (2002) and a visiting scholar at the Max Planck Institute for International Law and foreign patents, copyright and competition (Germany) (1986). Previous Work Experience: Member of the Antitrust Board of the Peruvian Institute for the Defense of Competition and Protection of Intellectual Property; Consultant to the World Bank, Inter- American Development Bank and USAID. Official of the United Nations Conference on Trade and Development (UNCTAD), World Intellectual Property Organization (WIPO), General Secretariat of the Andean Community. Consultant to various countries in Latin America and Europe of integration law issues, international trade, export promotion, competition policy, consumer protection, advertising, unfair competition, intellectual property, anti-dumping and subsidies.

@sicsuper

Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Michael D. Panzera

Attorney in the Office of International Affairs Federal Trade Commission Michael Panzera is an attorney in the Office of International Affairs at the United States Federal Trade Commission. He covers bilateral relations and capacity building in consumer protection matters relating to Asia and Latin America, primarily focusing on the following issues: identity theft and data security/privacy; unfair and deceptive advertising and marketing practices; environmental claims; financial practices (including debt collection, mobile payments, pyramid schemes, credit reporting, and credit/debit card chargeback protections); international trade and investment agreements; textiles and care labeling rules; telemarketing scams; and electronic commerce (including children’s online protections, spam, social media and native advertising). Prior to joining the Federal Trade Commission, he served as senior trial counsel at the Department of Justice, Civil Division, representing the United States in international trade litigation in the Court of International Trade and the Court of Appeals for the Federal Circuit, as well as contract disputes involving Federal agencies before the Court of Federal Claims. He also completed a two-year detail as a Mansfield Fellow in Tokyo,

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

working at the Ministry of Foreign Affairs, the Ministry of Economy Trade and Industry, and the Tokyo High Court. As a fellow, he attended classes at the Legal Research and Training Institute for judges and prosecutors in Japan, and served as a Visiting Research Scholar at the Graduate School of Law and Politics, The University of Tokyo. In addition, he taught legal writing and oral advocacy as an adjunct professor at the George Washington University Law School from 2004 until 2011.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Silvia Banora Vilar

Professor from the University of Valencia Graduated from the University of Valencia with honors (1982), holds a PHD (1986) and is currently Professor of Procedural Law (since 1998); she was Vice Chancellor for Institutional Relations and Communication (2010-2014). With scientific training in Germany, where she has enjoyed several scholarships (DAAD, Max- Planck, Alexander von Humboldt); and carry out a thesis at the Max-Planck Freiburg. Holds a PHD from the Universidad Autónoma Gabriel René Moreno de Santa Cruz de la Sierra in 2006, she has also conducted research in various Universities, such as: Harvard, New-York, Edinburgh, Freiburg, Mainz, Cambridge, among other; she is Honorary Consul of the Consulate of Mar de la Lonja de Valencia and she is in possession of the Grand Cross of San Raimundo de Peñafort to participate at the eight experts Committee who named the Ministers Council of the Spain Government in 2008, for the development of principles about reform of the Law de Planta y Demarcación Judicial. She is substitute member of the General Council of the Spanish Judiciary Power since 2013. Author of 17 books; co-writer more than 400 books, some under her direction and others written in English and published by foreign publishers and hundreds of articles in national and international

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

journals. She has participated in 15 research projects, one funded by the Japanese government. She leads the "Medarb" Research Group recorded in the University of Valencia with twenty researchers from different areas of knowledge and extraordinary international projection, linked to a network of researchers and practitioners of mediation and America, Asia and Europe arbitration, and issues such as precautionary measures, unfair competition, advertising and outputs of criminal proceedings. With 30 years of research and 25 years teaching periods, she has managed 16 doctoral theses and currently she prepares some more. In recent years she has excelled in her research, academic and professional career linking to mediation and arbitration. She was President of the Court of Arbitration and Mediation of the Chamber of Commerce of Valencia (2007-2011). She has been named as an expert for mediation training.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Víctor Manuel Guízar López

Advisor For The Regional Office For Latin America And The Caribbean World Intelectual Property Organization (WIPO) Mr. Guízar is a Consultant in the Regional Office for Latin America and the Caribbean of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. Previously, he served as Protection Director against Violation of Copyright at the National Institute of Copyright, in Mexico. Throughout his career, he has represented the Government of Mexico and WIPO in bilateral and multilateral meetings in Europe, Asia, United States, Latin America and Africa. Also, he has been part of the Expert Group on Intellectual Property (GBI) Mechanism Asia-Pacific (APEC) Economic Cooperation. Co-author of two books published by the Institute of Legal Research of the National Autonomous University of Mexico (UNAM), he studied in the areas of Political Science and Public Administration, Law and International Relations.

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Superintendencia de industria y comercio

www.sic.gov.co

II CONGRESO INTERNACIONAL de

Derecho de los Mercados

Protección al consumidor

Propiedad industrial

Competencia desleal

Emilio José Archila Peñalosa Partner Archila Lawyers

Lawyer of the Universidad Externado de Colombia. Holds a Post-Graduate Degree in Financial Law at the “Universidad de los Andes”. He also holds a Master’s Degree in Comparative Jurisprudence (MCL) from New York University (NYU) School of Law, New York. Development Law (DLC), International Development Law Institute, Rome. He has served as Director of the Legal Office for the Ministry for Economic Development; he was a Deputy for Insurance Banking at the Superintendence of Banking of Colombia; he was Deputy for the Protection of Competition of the Superintendence of Industry and Commerce and he was also President of Asobolsa. Now days he is the Director of the Department of Economic Law of the Universidad Externado de Colombia and he is also an Independent Consultant for the firm Archila Attorneys.

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Superintendencia de industria y comercio

www.sic.gov.co

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