Due to the lack of time limit and threat, patents have attracted widespread attention in this field. Argentina and Brazil are typical examples. The average legal subsidy for Argentine patents is 10 years or less from the date of subsidy. In Brazil, patents usually run for 15 years from the date of application, not the preferred subsidy date. Brazil's method reduces the whole protection period, from processing, from application to actual license, with an average of four years. Compulsory licensing is not a problem in Chile, but it is still a threat in other countries. In this region, especially Argentina and Brazil, it is generously interpreted.
In the specific field of patent distribution, adequate protection is a problem. At present, all countries either do not provide adequate patent protection or, like Brazil and Uruguay, deny such protection. Due to insufficient protection, the United States has taken on 30 1 partial cases against Argentina, Brazil and Chile since 1987. As far as Chile is concerned, its commitment to provide adequate legal protection has led to the withdrawal of 30 1 cases. Negotiations with Brazil and Argentina have so far failed. 1988+00 US retaliates against Brazil. Negotiations on the Argentine case continued and were completed before September 1989.
Recently, according to the existing copyright law or specific software legislation, software copyright protection has been generally recognized in this field. Since 1987, while Chile and Argentina are considering such actions, Brazil and Uruguay have passed software legislation. Because government policies aim at promoting local self-sufficiency, copyright enforcement is still insufficient and incomplete. All countries in this field have no laws to protect the layout design of semiconductor imposition works. (For more information, see the article "Computers and Software". )
The dilution of trademark protection is achieved by relaxing the articles of association, aiming at sacrificing the preference of foreign applicants for local registration. For example, Brazil's National Institute of Industrial Property (INPI) allows Brazilian enterprises to register in foreign trademark in their own names, assuming that they are not registered locally by foreign trademark holders, thus encouraging bad habits. In Argentina and Brazil, force majeure opposes the request to cancel the unused trademark. In Brazil, it is not the court (but INPI) that accepts the defense, and it is not used because of commercial restrictions.
"Trade secret" is still a relatively misunderstood concept. It is best to restrict protection and discourage local technology development and joint ventures or use agreements.
For more information about intellectual property protection in specific countries, please contact the corresponding Ministry of Commerce officials (see page 20).