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Government dismantles Venezuela's patent system

The information of patents will be made public and any person will be able to “make use of it”

Experts consider that the measure is "unconstitutional" and will lead to a “chain of disinvestment” in different economic areas (Photo: AP)

Economy
The "technical information" of patents licensed in Venezuela will be posted on the website of the Autonomous Service for Intellectual Property (SAPI) and any person will be able to "make use of it," the agency said in a press release.

"Any person can access SAPI's website, go to the consultation area and search all they need. This is very important, because Venezuelan technicians will be able to change and improve new technologies that have been developed," said the director general of SAPI, Arlene Piñate.

According to the document, the decision was taken to "eliminate the exclusion created by the patent systems." Last Sunday in the weekly radio and TV program Aló Presidente (Hello, President), Hugo Chávez said that intellectual property and patents must be discussed. "We consider that patents cannot be a restriction or a trap."

After requesting the cabinet to study the issue and make recommendations, Venezuela's President announced that he had authorized the Minister of Trade Eduardo Samán to "make some changes" to the patent system "to begin a process that must lead to legal changes, to the amendment of laws."

Orlando Viera Blanco, a lawyer specialized on industrial property, said that SAPI's decision is a "coup d'état" to the patent system. "The President has ordered to eliminate the right to have patents and industrial property."

He described the measure as "unconstitutional" since it violates rights established in the Constitution. In this sense, Viera highlighted Article 98 which reads as follows: "The State recognizes and protects intellectual property rights in scientific, literary and artistic works, inventions, innovations, trade names, patents, trademarks and slogans, in
accordance with the terms and exceptions provided by law and the international treaties executed and ratified by Venezuela in this area."

According to Viera Blanco, SAPI abandoned its duties as protector of these rights to become a promoter of "illegal copy" of inventions that already have a patent.

With reports from Roberto Deniz


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