BOLVArian REPUBLIC OF VENEZUELA

Ministry of Popular Power for Higher Education

Bolivarian University of Venezuela
Prof. Victor Manuel Turmero Morales
Curricular Unit: Introduction to the Project and the Program

The FTAA
AND
INTELLECTUAL
PROPERTY

Teacher: Student:
Carmen M Ponton Alejandro
Escalante IC No.
25,011,286

Caracas, April 30, 2020

 INDEX
INDEX...............................................................................................................2

INTRODUCTION.............................................................................................1

FREE TRADE AREA OF THE AMERICAS (FTAA).....................................2

History...........................................................................................................2

What will be the practical effects of the FTAA?...........................................3

How will the FTAA affect development?......................................................3

Structure and organization of the FTAA structure........................................4

critics..............................................................................................................7

INTELLECTUAL PROPERTY........................................................................8

Categories of intellectual property according to WIPO.................................9

Industrial property.........................................................................................9

Copyright.....................................................................................................10

The mere photography.................................................................................10

Criticisms of intellectual property...............................................................10

 INTRODUCTION
The context focuses interest on the development of two very important
topics that have been discussed worldwide for several years, such as the Free Trade
Area of the Americas (FTAA) and Intellectual Property.

Where the FTAA provides a "back door" to the Multilateral Investment

Agreement (MAI) through negotiations on investments and liberalization of the
financial sector. Likewise, intellectual property is an exclusive property right granted
by the State for a period of time. determined to use or exploit inventions or
innovations in an industrial and commercial manner, such as a technically new
product, an improvement to a machine or device, an original design to make a
product more useful or attractive, or a novel manufacturing process.

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 FREE TRADE AREA OF THE AMERICAS (FTAA)
The Free Trade Area of the Americas or FTAA was the official name used to
designate the expansion of the North American Free Trade Agreement (United States,
Mexico and Canada) to the rest of the countries of the American continent, excluding
Cuba.

Integration into the Latin American market by North America assumes a

population of 800 million people and a combined Gross Domestic Product (GDP) of
US$11,000 billion annually.

Those who support the FTAA say that it is a treaty that wants to boost trade
between regions by reducing tariffs, but it cannot be said that at first it has traumatic
consequences but it is a step towards development through commercial transactions.
that will promote specialization, competitiveness, the disappearance of monopolies,
the improvement of the population's level of well-being and the development of
infrastructure.

Since the 2005 summit, the FTAA entered into crisis, to the point that many
already consider it a dead project.

History
In the city of Miami in December 1994.1 In its original version it
contemplated the gradual reduction of tariff and investment barriers in 34 countries in
the region (all except Cuba) and independent countries. As time went by, the change
of regimes in South America complicated the negotiations and at the Extraordinary
Summit of the Americas held in Monterrey, Mexico, it was agreed to implement a
less ambitious version for January 1, 2005 and that the presidency of the process
would be shared between the United States and Brazil.

At the beginning of 2004, several cities were competing to obtain the

headquarters, including Miami, Atlanta, Colorado Springs, Chicago and Houston in
the United States; Puebla and Cancun in Mexico; Port of Spain (Trinidad and
Tobago), San Juan in Puerto Rico and Panama City.

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 What will be the practical effects of the FTAA?
The possible effects of the FTAA on services include:

The elimination of national standards for medical, legal and other key
professions, allowing doctors with degrees in one country to practice in any country
in the area, even if their level of training is different.

The privatization of public schools and prisons, as in the United States,

opening the doors for greater corporate control, greater corruption, and increased
profits at the expense of specific standards, such as medical care for inmates or the
maintenance of safe school facilities. ; and

Privatization of the mail, by transferring the Postal Service to a few

companies, such as FedEx, which could then increase postal fees considerably.

The FTAA provides a "back door" to the Multilateral Investment Agreement

(MAI) through negotiations on investment and financial sector liberalization. Based
on the model of Chapter 11 of the NAFTA, the FTAA will include investor-state
demands. They authorize corporations to sue governments in secret "corporate
courts" for any act that affects, even indirectly, their profits, for example,
enforcement of public health laws.

In other words, the FTAA would provide a hemispheric "regulation" clause

that explicitly evaluates corporate profits above human and environmental costs.
Some NAFTA cases that could serve as precedents for FTAA actions under these
provisions include:

How will the FTAA affect development?

Our hemisphere is characterized by enormous inequalities, both between
countries and within them. The United States has a gross domestic product (GDP)
equal to 75% of the total goods and services produced in the entire hemisphere. Its

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capacity to mobilize technological resources and capital is much greater than that of
southern countries. Therefore, trade agreements must include a balanced and
sustainable strategy for social integration, and the problem of externality must be
addressed as part of that strategy.

Foreign debt still has a damaging effect on the economy of most FTAA
countries. The FTAA will establish and create the legal structures to enforce the
adjustment programs implemented in the region over the last two decades. If the FTA
and MERCOSUR are an example of what awaits the countries of the global South.

Typically, the rules that encourage foreign investment are in direct conflict
with local economic development policies. If states cannot regulate foreign
investment, then they will not be able to implement a coordinated development
policy. They will be forced to continue lowering wages, further degrading working
conditions, and environmental standards, all in a desperate effort to attract more
international capital.

Structure and organization of the FTAA structure

The FTAA negotiations are carried out according to a structure determined by
its members that guarantees broad geographical participation. The Presidency of the
entire process, the headquarters of the negotiations and the Presidency and Vice-
Presidency of the various negotiating groups and of the other committees and groups
are rotated among the participating countries.

The Presidency of the Negotiations rotates approximately every eighteen

months or at the conclusion of each Ministerial Meeting. The following countries
were designated as the Presidency and Vice-Presidency of the FTAA process for
successive periods during the negotiations.

Date Presidency vice presidency

May 1, 1998 - October Canada Argentina
31, 1999
November 1, 1999 - Argentina Ecuador

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 April 30, 2001
May 1, 2001 - October Ecuador Chili
31, 2002
Co-presidencies
November 1, 2002 Brazil and the United States of America

The Ministers responsible for trade exercise final supervision and

management of the negotiations. They generally meet every 18 months and, since the
beginning of the negotiations, they have done so in the country that currently holds
the FTAA Presidency.

The Vice Ministers responsible for trade, as the Trade Negotiations

Committee (TNC), play a crucial role in managing the FTAA negotiations. The CNC
guides the work of the negotiating groups and other committees and groups and has
decision-making power over the general structure of the agreement and other
institutional issues.

The CNC is also responsible for ensuring the full participation of all countries
in the FTAA process, ensuring the transparency of the negotiations, supervising the
Administrative Secretariat, and supervising the identification and implementation of
business facilitation measures. The Committee meets whenever required and at least
twice a year on a rotating basis throughout the hemisphere.

Nine FTAA negotiating groups were established in the following areas:

market access; investment; services; public sector purchases; dispute resolution;
agriculture; Intellectual Property Rights; subsidies, antidumping and countervailing
duties; and competition policy. These negotiating groups act under specific mandates
from the Ministers and the CNC to negotiate the texts of their specific areas and meet
regularly throughout the year.

There are three committees and groups that are in charge of horizontal issues
related to the negotiations. They are: the Consultative Group on Smaller Economies,

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the Committee of Government Representatives on Civil Society Participation, and the
Joint Committee of Public and Private Sector Experts on Electronic Commerce.

A Technical Committee on Institutional Affairs was also created to consider

the general structure of an FTAA Agreement (general and institutional matters).
Finally, an ad hoc group of experts was established to report to the CNC on the
implementation of the business facilitation measures related to customs matters that
were agreed in Toronto.

Technical and analytical support: The Tripartite Committee, which is made up

of:

Inter-American Development Bank (IDB)

Organization of American States (OAS)

United Nations Economic Commission for Latin America and the Caribbean
(ECLAC)

The Tripartite Committee provides analytical, technical and financial support

to the process and maintains the official FTAA website. The individual institutions of
the Tripartite Committee also provide technical assistance on FTAA-related issues,
especially to the hemisphere's smaller economies.

Administrative support: The FTAA Administrative Secretariat, located at the

same headquarters as the negotiating group meetings, provides administrative and
logistical support to the negotiations. The Secretariat maintains the official records of
the negotiations and provides translation and interpretation services. The Secretariat
is financed through a combination of local resources and resources from the
institutions of the Tripartite Committee.

Negotiation venue: It is also rotating. Three host countries have been

designated for the negotiations, namely: from May 1998 to February 2001: United
States (Miami) Panama (Panama City) from March 2001 to February 2003; and from
March 2003 until the conclusion of the negotiations: Mexico (Puebla).

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 critics
According to specialist Roy Arias, although the negotiations have been
conducted in secret, since there has been no participation of civil society in the
formulation of the rules and regulations that contain the agreement, aspects similar to
free trade treaties are being discussed. trade that are negotiated bilaterally. Among
other topics, there is discussion about the reduction of tariff barriers and access to
markets, commercial exchange goods and services, foreign investment, privatization
of public goods and services, agriculture, intellectual property rights, subsidies and
anti-dumping measures, free competition and resolution of disputes.

Another criticism is made by the Uruguayan president Dr. Tabare Vázquez.

The attempt was made to demonstrate at the Summit held in the city of Mar del Plata
(Argentina) that Uruguay could function as a Logistics Pole of the FTAA, but this
proposal was not accepted.

One of the main critics of the FTAA has been Venezuelan President Hugo
Chávez, who has described it as an accession treaty and another tool of imperialism
for the exploitation of Latin America. As a counter-proposal to this model, Chávez
has promoted the Bolivarian Alternative for America (ALBA).

For their part, Luís Ignacio Lula da Silva, president of Brazil, and Néstor
Kirchner, former president of Argentina, say that they are not opposed to the treaty,
but they demand that it be truly free, and they condition it mainly on the elimination
by the United States of subsidies to agriculture, 3 to the provision of effective access
to markets and to taking into account the needs and sensitivities of all partners.

One of the most controversial issues in the treaty proposed by the United
States is related to intellectual property rights and patents. Critics claim that if the
measures proposed by the FTAA were applied, scientific research in Latin America
would be impeded, causing even more inequality and technological dependence on
developed countries. Regarding the issue of patents, Latin American analysts have

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accused the United States of wanting to patent everything, from inventions,
discoveries, indigenous mythology to living beings.

INTELLECTUAL PROPERTY
Intellectual property, from the point of view of the European continental
tradition and that of a good part of Latin American countries, implies the recognition
of a particular right in favor of an author or other rights holders, over the works of
human intellect.

In the terms of the World Declaration on Intellectual Property (voted by the

Policy Advisory Commission of the World Intellectual Property Organization
(WIPO) on June 26, 2000), it is similarly understood as "any property that, in by
common agreement, is considered to be of an intellectual nature and worthy of
protection, including scientific and technological inventions, literary or artistic
productions, trademarks and identifiers, industrial designs and models and
geographical indications

World Intellectual Property Day is celebrated on April 26.

There is also a current, especially that which comes from the free software
movement, that considers that the term "Intellectual Property" is misleading and
brings together under the same concept different legal regimes that are not
comparable to each other, such as patents, copyright, brands, designations of origin,
among others

Intellectual property is an exclusive property right granted by the State for a

certain period of time to use or exploit inventions or innovations in an industrial and
commercial manner, such as a technically new product, an improvement to a machine
or device, an original design. to make a novel product or manufacturing process more
useful or attractive; It also has to do with the creative capacity of the mind:
inventions, literary and artistic works, symbols, names, images and privileges.

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 The owner of intellectual property has the power to prevent anyone from
accessing or using his or her property without his or her consent.

The intellectual property rights granted by each country are independent of

each other, so the same idea, invention, work or distinctive character can be protected
in a plurality of States, with as many titles of protection as there are States that have
granted it.

Categories of intellectual property according to WIPO

According to the World Intellectual Property Organization (WIPO),
intellectual property is a type of property, this means that its owner or holder can
dispose of it as he pleases and that no other natural or legal person may legally
dispose of his property without Your consent. Naturally, the exercise of this right is
subject to limitations.

 Industrial property: includes inventions, patents, trademarks, industrial

designs and models and geographical indications of origin.
 Copyright: comprising literary and artistic works, such as novels,
poems, plays, films, musical works, works of art, drawings, paintings,
photographs, sculptures, and architectural designs .
 Related rights: includes the performances of artists, the production of
phonograms and the activities of broadcasting organizations

Industrial property
As it is a type of intellectual property, it is closely related to creations of
human ingenuity such as inventions and industrial designs and models. The aesthetic
creations that determine the appearance of industrial products. In addition, industrial
property includes trademarks, service marks, commercial names and designations,
including indications of source and appellations of origin, and protection against
unfair competition. Here, the characteristic of intellectual creation - although existing
- is less prominent, but what matters is that the object of industrial property typically
consists of signs that transmit information to consumers, specifically with regard to

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products and services. services offered on the market, and that protection is directed
against the unauthorized use of such signs, which is very likely to mislead consumers,
and against deceptive practices in general.

Copyright
This is related to artistic creations, such as poems, novels, music, paintings,
cinematographic works, etc. The expression "copyright" refers to the main act,
regarding literary and artistic creations, which can only be executed by the author or
with his consent (property right). That act is the production of copies of the literary or
artistic work, such as a book, a painting, a sculpture, a photograph, a film and more
recently digital content.

The second expression, "copyright" (or authors' rights), refers to the rights of
the person who created the artistic work, its author, which highlights the fact,
recognized in most legislation , that the author has certain specific rights over his
creation (moral rights), for example, the right to prevent distorted reproduction that
only he can exercise, while other rights, such as the right to make copies, can be
exercised by other people (property right granted to an owner), for example, a
publisher who has obtained a license for this purpose from the author.

The mere photography

Those called by the Spanish Intellectual Property Law, in its article 128,
"mere photographs", that is, photographs or images analogous to photography, when
they have not been incorporated into literary or scientific works, may be distributed,
reproduced or exploited. by its author until the age of 25. This term is counted from
January 1 of the year following the date of taking the photograph or reproduction.
Obviously the moral property of photographs is not mentioned, which is governed by
its specific regulation and is inalienable and inalienable.

Criticisms of intellectual property

Authors such as Stephan Kinsella, Julio Cole, Alfredo Bullard and Enrique
Pasquel maintain that intellectual property rights are not necessary to promote

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creativity and scientific advancement and impose very high costs on society. For
example, they encourage costly legal litigation, they discourage the creation of
greater knowledge once the creator has a monopoly on the intellectual property right.

Intellectual Property is one of those cases in Law, where the eternal conflict
that exists between individual interests and the needs of a group is palpable.
Intellectual property grants the author exclusivity rights over his or her work,
trademark, patent, industrial design, utility model, and other types of invention
protected by invention law.

This protection grants the author a number of benefits in recognition of the

inventiveness and effort used in the creation of something new that is outside of
everyday life, that is, something new that implies a certain inventive level, and that is
susceptible to application. industrial. However, to what extent is it feasible to grant
exclusive rights to certain people or companies over inventions or creations that can
benefit a community or even the entire society?

If tomorrow, a scientist discovers a formula that has the potential to cure

cancer, and in exercise of his rights patents his invention, prior authorization and
therefore the payment of royalties for the use of the invention would be necessary.
So, where are the needs of the group compared to the individual interest of the
author? Does intellectual property contribute to finding the common good for society
or is it simply a protectionist measure that is in line with the interests of large
companies?

Patent protection is always an extremely delicate issue in the negotiations of

international treaties such as NAFTA, where developing countries that lack
technology seek to minimize the protection given to patents in order to be able to
exploit such inventions as soon as possible.

Meanwhile, developed countries aim to extend the protection time to the

maximum with different mechanisms such as second-use patents, which are those
patents that are granted to inventions that have already been patented but for which a

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new form of use or some other form of use has been found. new benefit, and
consequently an additional period of protection is granted.

Additionally, there are other controversial issues such as compulsory licenses,

which are those granted to public organizations or third parties for the exploitation of
an invention without the consent of the inventor in special situations such as national
emergencies, but after compensation to the author. These types of licenses are also
discussed in treaty negotiations, since for countries with great inventive potential
these types of licenses are inadmissible, while in poor countries they always try to
leave this alternative.

In this sense, we find ourselves in a scenario where the strongest try to exploit
the poorest, and the weak see in negotiation a possibility to take advantage of the
powerful. In the world, it must be emphasized that it is the world powers who sponsor
pharmaceutical companies, which are multinationals, for the development of new
inventions and these inventions are made under a single ownership, which is the
pharmaceutical company and also the country where the same pharmaceutical
company is located. , in this case it is the Patent, this same appropriation gives the
right of 20 years in most countries for the monopoly exploitation of the invented
product.

Like the authors mentioned above, they criticize Intellectual Property in part
because of the monopoly that is generated from the protection of an invention, in this
case we are based on the patentability of products, because patents are the most
common case. common in which there is an abuse of the use of copyright and patent
protection; Such is the case that alternatives have been created for underdeveloped
countries to make exclusive uses of patents that are considered common use and of
great help to the community of that country.

In Ecuador, a case was carried out in which the President of the Republic of
that country granted a Compulsory License to a pharmaceutical company from India
to submit the production of a medicine that helps treat the HIV disease, this medicine

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was created by a pharmaceutical company from the United States, who have patented
the procedures to make this medicine, but since in Ecuador a Mandatory License was
granted to the pharmaceutical company in India so that it could make the medicines
on a massive scale and at a low cost, it is clear that the pharmaceutical company
North American receives royalties for selling the product but with the Mandatory
License granted by the executive of a country it is allowed that monopoly does not
exist, this declaring a right in danger such as that of life; In those cases there is the
weighing of some rights that are more important than the right of creation.

Now, in today's world we are faced with the problem of climate change and
global warming. In these cases, would it be practical to make changes in legislation,
in the countries of the world, on the patentability of inventions that help care for the
environment? environment? This question is very debatable; since it is not in the
interest of industrialized countries to allow the public use of some inventions that are
for the good of humanity. Green technologies are widely used to care for the
environment.

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BIBLIOGRAPHY

Internet

Websites:

http://es.wikipedia.org

http://www.google.com

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