Different specializations become more important

By Berkemeyer Attorneys & Counselors

Regarded as one of the most experienced IP attorneys in Paraguay, his practice areas include intellectual property, mergers and acquisition, commercial contracts, trademarks, patents, enforcement, investment, finance, commercial transactions, franchising, licensing, agency and distribution law and project finance.

What are the goals of your firm in the short and long term?

The goal of the firm has been always to provide excellent professional services up to the international standards. In the short term this implies keeping up with the ways business is conducted with the current fast pace changes in legislation, technology and economy on a global scale. This demands an institutionalized firm in order to attract the best specialized professionals, best technology and administrative support to keep up with the fast pace and excellence standard.

Meanwhile, on a long term, our goal is to do this evolution without losing the traditional values and goals created by the founder, Hugo Berkemeyer, and continued through generations. This generates an extra value for the firm since our professionals feel part of an institution and more committed to the clients.

Does your country provide enough importance to IP?

Our Firm was founded as an IP boutique firm in 1951. Although our Firm was founded in 1951 as a general practice law firm it quickly developed a very strong practice in IP. Since then, it has expanded back into different areas of the law. Today, especially with the economic growth Paraguay is experiencing, we have specialized attorneys in all areas of the law.

Nevertheless, this economic growth also increases the amount of IP work and demands more protection. Therefore, our IP department has been steadily growing over the years and getting more specialized in areas such as Patents and Anti counterfeiting.

From a worldwide standpoint, Paraguayan government is giving extreme importance to IP protection. The President has even expressly declared a war against anti counterfeiting. This also is reflected from a legal standpoint with the recent new legislation and creation of an independent and specialized entity, the National Authority of Intellectual Property (DINAPI). This institution seeks to enhance capabilities especially in the fight against counterfeiting. It has the power to seek actions against this crime through its separate Enforcement Directors and creates a Counterfeit and Piracy Reporting system.

How much has technology changed the profession?

Technology has completely changed the profession by changing its pace and even almost converting it into a commodity. On one hand it has generated a mechanism of instant worldwide communication and access to information. Full access to documents and email is demanded by our professionals accompanied by a constant availability for any given urgency a client might request.

Over the time we have been adapting in this sense, always trying to maintain the highest security and responsibility in order not to suffer any security breaches.

On the other hand, new software and web base applications have turned databases into an important asset. Through the use of templates and automatisations, some work that used to be specialized, has turned into a commodity. Therefore we have been always trying to keep up with technology by creating our own database managing software. An example of this is our web based tool launched three years ago called SIBERK. This portal developed for our clients gives instantly access to search and watch applications that have been filed, published and granted in our country.

Has technology eased contact with clients?

Technology has definitely eased contact with clients. Long gone are the days of mail and fax where response was expected in a matter of weeks. Nowadays in the office we have a policy to respond at least with a safe receipt within 24 hrs of an email. This has definitely made work easier but at the same time more hectic, where we have to always keep up the quality of excellence and take that extra time to really do a good job.

Patents, domain, Internet piracy and other issues have increased IP influence areas. Does that generate an increasing specialization in the firms and the professionals?

Patents are definitely an area where locally specialization is urgently needed due to growth of the agro and pharmaceutical industry. Just recently, for example, the first patent for pharmaceutical products has been granted where the specialization of the professional of the firm was key.

Nevertheless, in the field of Internet piracy and other related IP-Internet matters, no real complex matters have been handled on a local base yet. We have a team of experts in the field since new national legislation in the field has been enacted yet and queries by clients should follow soon.

Will IP be one of the top Law branches in nearby future?

The IP field will be always one of the top Law branches since it will continuously become more important in different specializations within it. Adhesion to international agreements such as the Madrid Protocol or others should not decrease work that substantially, since there might be always need of assistance on a country basis. It might even generate more work in other areas in our case such as anti counterfeiting.

Overall, as technology evolves the way IP is protected will move along and different specializations become more important.