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El Salvador

Last Verified on Friday 3rd March 2017

    • El Salvador

      An invention must have the following requirements:

      a) Industrial application. This means that the invention can be use in any kind of industry or productive activity.

      b) Novelty. This means that the invention must be prior art or in the state of the art.

      c) Inventive level. This means that the invention must not be obvious for a person who is specialised in that matter.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The prior art includes all the information or inventions that have been disclosure to the public in any part of the world through publications, oral speeches, sale or commercialisation, or the use of certain information before the filing of a patent application.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      In El Salvador there are the following categories:

      a) patent;

      b) utility model; and

      c) industrial design.

      The patent must have the above-mentioned requirements.

      The utility model must have novelty and industrial application; it refers to any shape, configuration or element’s disposition of a device, tool or instrument that permits a better and a different functioning, or provides an utility, or an advantage to that device.

      The industrial design is referred to a bi-dimensional or tri-dimensional shape that is included into a utility product, providing a special appearance that can be also standard for manufacturing.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      For patents, 20 years; for utility models, 10 years; and for industrial designs, 10 years.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Foreign filing licence requirements depend on the country in which the licence is performed. Accordingly, there are no provisions in this regard because this all depend on the foreign provisions.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Business and computer methods are protected through copyright. However, vegetal varieties can be protected through patents. Besides computer methods and software, any other kind of technological products are patentable as long as they fulfil the three requirements listed in question 1.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Patent litigations may not only be for pharmaceutical products, but also for any kind of patented products. Litigation is carried on through judicial trials before civil and mercantile judges; El Salvador is part of treaties such as PCT, the Paris Convention and TRIPS.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Patent infringements may result in prosecution where they involve criminal actions or civil/mercantile actions. Criminal actions may result in a prison sentence of one to three years. Civil/mercantile actions may involve procedures such as cancellation, unfair competition and damages for infringements. Monetary damages are available and they can be based on the reasonable royalties, lost profits, moral damages and valid licences.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      No. El Salvador is currently considering some changes in regard to the procedures to obtain a patent, especially in regard to the times in answering resolutions issued by the Intellectual Property Office.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Although it is not specifically established in the Intellectual Property Act, the “patent exhaustion” doctrine is allowed in El Salvador. Purchased products can be resold if the products are original. The reselling of patented products is allowed. Also, the parallel importations are allowed as long as the products have been purchased and are original. Therefore, these applications are almost the same in comparison of other jurisdictions.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      El Salvador is part of the TRIPS agreement, but not of the Madrid Protocol. When El Salvador ratified the Dominican Republic, Central America and Free Trade Agreement (DR-CAFTA), the country stated that we were make our best efforts to approve and ratified the Madrid Protocol, but we are not forced to do that.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      No rules are available. The use of these symbols is not mandatory. Accordingly, these symbols are usually use for information purposes.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      There are two main problems: counterfeit issues and the intellectual property protection system. Counterfeited products are very common because of local and foreign infringements; foreign companies usually import counterfeited products into El Salvador. The strategies against counterfeited products are the vigilance of the trademarks in local market and customs. In regard to trademark protection, unfortunately the examiners usually do not know modern doctrine and jurisprudence, and this produces weaknesses in obtaining protection of trademarks and well-known trademarks.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Not anymore. Since 2006, according to the DR–CAFTA, it is not mandatory to record the licence agreements; they are enforceable against third parties as long as the agreement is duly signed, notarised and legalised.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Keeping vigilance in customs in order to avoid the importation of counterfeited products. Also, it is important to keep vigilance in the market, especially in the non-formal market, which is the most likely to make infringements.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      According to our Trademark Act, the use of a trademark can be proved through advertising channels such as the internet. Accordingly, a website can be considered for use of a trademark as long as local consumers are able to buy or acquire the goods covered by the trademark. However, if a website in which the host is overseas is infringing trademark rights, it is not possible to prosecute that company since the website is hosted in other country.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Yes, it is important to have the local domain name in order to avoid the registration of a domain name from third parties. Accordingly, the country code second-level domain is very important because there are no regulations concerning registration of a local domain name; nor are there prohibitions for filing an application of a well-known domain name.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      a) The revision remedy and reverting petition: There is a Law which complements the Trademark Act, called “Uniform Procedures Act for the Commerce, Property and Intellectual Property Registries”. According to this act, trademark owners only have five days to file a revision remedy after the trademark application has been rejected. The revision remedy is taking held through a hearing before the same examiner who rejected the application.

      b) The evidence filed in a opposition incident: The trademark office only admits certified and legalised documents. Affidavits are not accepted, and neither are copies.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The distinctiveness and the clearance of a trademark before filing an application.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Yes. Since 2008 when the Trademark law Treaty was ratified, multiclass applications are allowed.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Yes, our Trademark Act has the possibility to file an opposition incident. The interested party has two months after the first publication of a mark in the Official Gazette to file the opposition. Unfortunately, the deadline cannot be extended.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Action must be taken in order to prevent the importation of counterfeited goods. There are felonies such as infringement of registered trademarks or infringement of copyrights. Accordingly, the General Bureau of the Republic has a monopoly on the criminal investigation and therefore this kind of infringement is prosecuted ex officio. However, to win a case the trademark owner must participate in the process as the offended party.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The licence agreement must be signed by both parties, duly notarised and legalised through an apostille. Also, there must be at least a pending application and the licence agreement must reflect the pending application or the registered trademark to be licensed. Other issues such as the territory, the exclusivity and the frame time of the licence agreement are also important.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Usually, the indemnification is based on the price that the infringing party would have paid for duly executed and granted licence agreement, based also in the royalties and the market or commercial value of the infringement.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      If the licence agreement has clauses such as royalties then the licence of use can also be considered as a franchise agreement. It is recommendable to grant and execute two different documents.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The only conditions are established by the parties in the licence agreement.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The abandonment of a trademark application applies if the applicant does not exercise any action in a six-month period of time. In other words, the applicant must file the corresponding scripts in order to avoid the abandonment of the application. For instance, if an office action is served, the applicant has four months to answer the office action, otherwise the application fell abandoned.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Not necessarily. Copyright registrations are recommended when the works or advertising materials are very important for the companies.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      No, there are no specific safe harbours. However, the internet providers are safe if they establish clear legal disclaimers and have these disclaimers duly signed by the users. Accordingly, felonies committed by users are prosecuted against the user, not the internet provider.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Although it is not specifically established in the Intellectual Property Act, the first sale doctrine is allowed in El Salvador. Purchased products can be reselling if the products are original and have been purchased in a legal store.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The standard established by the Criminal Act can be from the legal minimum of the infringement to two quarters or half of the maximum of that infringement. This is in regard to prison.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      a) Infringement of copyrights and related rights, punishable by a prison sentence of two to four years.

      b) Infringement of trademarks punishable by a prison sentence of two to four years.

      c) Infringement of technological measures punishable by a prison sentence of two to four years.

      d) Infringement of rights management information punishable by a prison sentence of two to four years

      e) Infringement of rights of satellite signals punishable by a prison sentence of two to four years.

      f) Infringement of invention privileges punishable by a prison sentence of one to three years.

      h) Infringement of industrial secret, punishable by a prison sentence of six months to two years.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      If the database contains intellectual property categories such as copyright and other intellectual property assets, the public communication of these assets from the database is protected. However, if the database does not have any intellectual property asset, then the protection should be done through other provisions such as personal data protection or habeas data provisions.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Not usually. Intellectual property disputes can be resolved through ADR, but they are usually resolved in civil and mercantile judicial procedures. The benefits can be broad because there are good arbitrators who are specialised in intellectual property matters, but the ADR process can be expensive.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Unfortunately not. Customs and Border control authorities do not have any registration lists of intellectual property assets such as trademarks or copyrights.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The only major relevant change made in our Trademark Act is the inclusion of a procedure for the recognition of appeals or origin and geographical origin.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      As previously stated, the licence agreement must be signed by both parties, and it must be notarised and legalised through an apostille. If the document is in other language rather than Spanish, then the document must be translated before a local notary public.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Personal data is protected through the recently approved Access to the Public Information Act. This act establishes that the personal data must be use only for the purposes in which the data was released to third parties. It has the prohibition to release the personal data to any third party unless the person authorises the releasing of the personal information.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      The provisions are only reflected in the Access to the Public Information Act and certain other regulations, such as the Consumer Protection Act.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Yes, it requires notice, which can be filed in the Institute of Access to Public Information. Also, if personal or sensitive personal data is compromised, the affected individuals can file an amparo before the constitutional court of the Supreme Court of Justice.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Yes, if the data is anonymous, there are no negative consequences for whoever is using the data.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      It is not mandatory to establish these kind of statements, but the companies must respect the provisions of the Law, otherwise the Consumer Protection government authority can initiate an administrative process against any commercial company. Also, the Institute of Access to Public Information can initiate a process in regard to the protected information in the government institutions.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      For government offices, it is the Institute of Public Access to Information; for commercial issues, it is the Consumers’ Government Office.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Only the provisions of the local laws (the Consumer Protection Law and the Public Access to Information Act).

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      There are no tax considerations for intellectual property matters. There are no considerations in assigning IP assets or for deduction of tax with regard to IP development.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      To date, the intellectual property matters and antitrust provisions are separate. However, antitrust provisions are established in a local law. Accordingly, a licence can infringe antitrust provisions if the licensor has a dominant position and the licence is abusing this dominant position in the market.

      Excessive pricing, predatory pricing, rebates, discriminatory pricing, margin squeezing and pay-for-delay settlements may infringe the Antitrust Act.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

    • El Salvador

      Yes, intellectual property licences are automatically terminated unless the licensee needs the licence agreement to obtain royalties therefrom.

      The intellectual property assets can be assigned to third parties before the termination of the company. In particular, they can be assigned to third parties for payment purposes.

      Answer contributed by Edy Guadalupe Portal from Portal & Asociados

      Last verified on Friday 3rd March 2017

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