NOVEDADES

Published Monthly by the National Law Center for Inter-American Free Trade Vol. 3, No. 6 -- June 1996
© 1996 - NLCIFT ISSN 1078-2028
Committee Calls for Harmonization of Intellectual Property Rights
Mexican, Canadian and U.S. intellectual property experts agreed on the urgency to enforce intellectual property rights throughout the NAFTA region during a two-day conference organized by the National Law Center May 20-21, 1996. The conference was the first meeting of the tri-national intellectual property committee formed by the National Law Center early this year. About 50 experts drawn from the government and private sector attended the meeting.
These experts pinpointed specific areas that need to be addressed, namely protection and enforcement of patents, trademarks, copyrights and trade secrets. They focused on the Mexican legal system for protecting intellectual property, which, according to many, has failed to protect and enforce these rights under NAFTA.
According to Hope Camp, chairman of the committee, the major concern regarding intellectual property rights in Mexico is the lack of effective injunctive relief available to the private owner of these rights. “Mechanisms that exist under Mexican law are essentially administrative remedies that are activated by the very agencies that grant those rights,” Camp said. “We are concerned that the Mexican government is generating certain types of mechanisms that are not adequate for Mexico as it searches to find its place in a more secured market.
During the second day of the meeting, participants formed working groups to discuss concrete solutions to resolve these discrepancies. Mexican participants agreed to perform more research regarding the use of provisional remedies, such as interlocutory injunctions, within the Mexican legal system. Participants suggested that European civil law countries should serve as models. Interlocutory injunctions are court orders that prohibit defendants from continuing their infringing activities during the trial. Mexican representatives asked the National Law Center to provide suggestions for a semiconductor chip protection law that Mexico must enact before 1998 according to NAFTA.
Participants also raised concerns regarding the lack of general understanding among citizens of the three countries about the importance of intellectual property protection. They suggested that seminars be organized in Mexico and be accessible for law students as well as professionals in the field; and that judges receive training in intellectual property matters.
On the invitation of Jorge Amigo, director of the Mexican Industrial Property Institute (IMPI), the next meeting of the tri-national intellectual property committee will be held in Cuernavaca, Morelos, Mexico, in January 1997.

HAZNA Proposal to Be Finalized by End of June

Following the second HAZNA meeting held April 10-12, 1996, the National Law Center and its Mexican counterpart the Centro Jurídico para el Comercio Interamericano (JURICI) are currently finalizing a document synthesizing recommendations made by the working groups during the conference. The document will be presented to state and federal Mexican and U.S. officials by the end of June.
Amy Mignella and David Eaton, both coordinators of the HAZNA project, are also working on the final version of the “Disparities Between Law and Practice in the Management of Hazardous Waste in the U.S. and Mexico,” a study examining cross-border waste management practices between the two countries. This final version is expected to be available later this year. A draft copy of the study is presently available through the Center.
Ms. Mignella is also initiating a compilation of information relating to hazardous materials emergency response capabilities and protocols along the U.S/Mexico border (to be released by August). Ms. Mignella is coordinating a team of government representatives in searching for equipment funding for Arizona’s border emergency response personnel in conjunction with this effort.

NLCIFT Sponsored Luncheon

The National Law Center sponsored a luncheon speech given by the Honorable Peter S. Watson, chairman of the U.S. International Trade Commission, on May 28. About 85 persons attended the luncheon.
During his speech, Mr. Watson reviewed current trade issues that are of concern to U.S. businesses, including an overview of the current status of NAFTA and its impact on the U.S. economy. Mr. Watson also reviewed contemporary trade policy issues that are being addressed in Washington, D.C., including a discussion of the future U.S. trade agenda.
The U.S. International Trade Commission is an independent agency that furnishes studies, reports and recommendations involving international trade and tariffs to the President, Congress and other government agencies.
The event was co-sponsored by the Tucson Metropolitan Chamber of Commerce and the Hispanic Professional Action Committee. It was held in cooperation with the U.S. Congress Representative Jim Kolbe.

AGENDA
LETTERS OF CREDIT
Boris Kozolchyk, NLCIFT’s president and director, will give a presentation on letters of credit at the June 11 meeting of the Maricopa County Bar Association International Law Section. The Maricopa Bar Association conducts lunch meetings on alternative months in association with the International Section of the State Bar in Phoenix.
TRANSPORTATION
Gary Doyle, NLCIFT’s transportation project coordinator, will participate in the 67th Annual Meeting of the Association for Transportation Law, Logistics and Policy, to be held June 22-26 at Newport, Rhode Island. Mr. Doyle will take part in a panel examining “the development of a uniform liability regime in transborder highway transportation. ”

CALENDAR OF EVENTS
JUNE 5-8, TUCSON, ARIZONA 63rd Annual Convention of the State Bar of Arizona
The theme of the 1996 convention is the use of technology to improve the legal practitioner’s quality of life and telecommunications focusing on the Internet. Contact: Nancy Nichols, (602) 340-7304.
JUNE 21, MONTREAL, CANADA CEC Public Meeting
The Council of the Commission for Environmental Cooperation (CEC) organizes a public meeting to solicit ideas around key environmental issues such as conserving biodiversity, reducing health risks of environmental contaminants in North America, and defining public participation in the activities of the CEC. Contact: Manon Pepin (514) 350-4300.
JUNE 23-25, EL PASO, TEXAS U.S- Mexico Border Conference
Organized by the Border Trade Alliance (BTA), this international conference will explore the competitive positioning of the U.S/Mexican border in the global market for markets and manufacturing. The conference will offer workshops on business opportunities in export/import and the maquiladora trade. Contact BTA, (800) 333-5523.
JULY 14-17, LOS ANGELES, CALIF. Intellectual Property Conference of the Americas
Sponsored by the U.S. Department of Commerce Patent and Trademark Office, Intellectual Property Owners and International Intellectual Property Alliance, this conference will address patent, trademark and copyright issues in the Western Hemisphere. Invited speakers include James Wolfensohn, president of the World Bank; Arpad Bogsch, director general of the World Intellectual Property Organization; and Bill Gates, CEO of Microsoft, Inc. For conference information, call (800) 829-4621 or E-mail
iprconf@upsto.gov

InterAm Database
New additions to Argentinean, Peruvian legislation
Primary materials and selected laws and decrees pertaining to Argentinean and Peruvian legislature have been recently added to the National Law Center’s database. They include areas such as antitrust and antidumping, banking and credit, business organizations, consumer law, customs, energy, foreign investment, government administration, intellectual property, labor law, securities and taxes.
Translation of key legal terms available
A list of English/Spanish legal terminology is now available for downloading or as paper copies from the InterAm Database Home Page. The list covers areas such as banking and credit, bankruptcy, business organizations, foreign trade and investment, insurance, intellectual property, securities, labor, energy and medicine.
Bulletin online since January 1996
Inter-American Trade and Investment Law, the weekly bulletin produced by the National Law Center, has been available in electronic format since January 1996 to InterAm Database subscribers. The bulletin offers the latest developments in Mexican trade and investment law. The new format allows readers immediate access to complete texts of the Diario Oficial and other Mexican legal documents by simply clicking on highlighted words.
Bilingual organizer coming soon
A loose-leaf collection of Guidelines and Checklist for Conference Organizers and Conference Speakers, including a model interpreter agreement, is currently being prepared by the National Law Center under the direction of A. Samuel Adelo. The information contained in the booklet will be useful for all those involved in planning and organizing bilingual conferences.
What is the InterAm Database?
InterAm Database is a unique online service providing Mexican and Latin American legal and regulatory information. For subscription information, please call George Arden at 1-800- LAW-FIND. The Inter-Am Database can be accessed through the National Law Center’s World Wide Web site at http://www.natlaw.com.

MEDIA COVERAGE
• "Article Nine Goes Online,"by Todd C. Nelson, Arizona Attorney, June 1996, p.35-41. Todd Nelson is a staff attorney and the coordinator of the secured financing project with the NLCIFT. His article examines the potential impact of the adoption of electronic filing systems for Article Nine of the Commercial Code.
•“Integración de Mercados Hipotecarios EU-Mexico,” by Fay Crevoshay, El Financiero, May 12, 1996. The article mentions the pilot project initiated by the National Law Center to homogenize and link real property registry systems of the states of Sonora, Mexico, and Arizona.
•“US Interests Urge Mexico to Shift to Asset-Based Lending,” by Kevin G. Hall, The Journal of Commerce, April 24, 1996. The article refers to the project undertaken by the National Law Center to modernize Mexican commercial credit systems.
•“Aleja México Inversión con Políticas de Crédito,” by Lourdes Valenzuela, El Imparcial, May 4, 1996, p.3C.
•“Intellectual Property Topic of NLCIFT Meeting,” In the Firms, Arizona Journal, Wednesday, May 1, 1996.
•“Crossing the line,” by David Eaton, Bu$iness Mexico, March 1996. David Eaton is a legal researcher for the National Law Center and an attorney with the Centro Jurídico para El Comercio Inter-Americano in Monterrey, Mexico. This article was named on the April Must Read List by the Benjamin Franklin Library. This was the first article in Bu$iness Mexico to receive this honor in 20 years.
•“La Industria Maquiladora y los Residuos Peligrosos,” by David Eaton, Calidad Ambiental, Vol. II, Num. 9, 1996.

National Law Center Names Kevin O'Shea New Development Director
Kevin O’Shea was named NLCIFT’s new development director on April 29, 1996. Mr. O’Shea’s responsibilities include overseeing the capital development of the National Law Center, promoting membership, preparing grant applications and assisting with public relations.
Mr. O’Shea holds a law degree from the University of California, Berkeley, Boalt Hall, and an undergraduate degree from Brown University. Most recently, he practiced law with the international law firm of Graham & James in San Francisco. To contact Kevin O’Shea, please call (520) 622-1200.

NLCIFT Welcomes New Members
The National Law Center welcomes its new regular members Maria Del Carmen Ordaz, an attorney at law based in San Carlos, Sonora, Mexico, and James Kahl, a legal consultant based in Aptos, California.
The National Law Center also welcomes Offshore International Inc., a shelter operator located in Tucson, which has become a regular corporate member.
If you wish to support the National Law Center and/or to receive information on membership, please contact Kevin O’Shea, development director, at (520) 622-1200. Membership in the NLCIFT allows individuals and private industry representatives to become directly involved in the work of the center by participating in committee projects, attending international meetings, and receiving public exposure through project-related printed materials.

NOVEDADES EDITOR: Virginie Drujon-Kippelen
CONTRIBUTING EDITORS: Kathleen Stanton, Marsha McFadden Quick NOVEDADES is published monthly by the National Law Center for Inter-American Free Trade, a non- profit research and educational institution whose purpose is to facilitate trade and investment by standardizing key trade and investment documents and harmonizing trade and investment law.
To have your name added or removed from NOVEDADES mailing list, please contact Virginie Drujon- Kippelen at the National Law Center for Inter-American Free Trade, 111 S. Church Ave., Suite 200, Tucson, AZ 85701-1602. Tel: (520) 622-1200; Fax: (520) 622-0957; E-mail: natlaw@ccit.arizona.edu; Internet: http://www.natlaw.com