New Intellectual Property Law in El Salvador

Published on Aug 28, 2024

Morena Zavaleta, Partner in ARIAS El Salvador and expert in Intellectual Property, shares this article about how The Legislative Assembly has approved the "Intellectual Property Law," which consolidates previous laws and establishes the Salvadoran Institute of Intellectual Property. This law modernizes the protection of copyrights and trademarks, promoting digitalization and expanding coverage to new digital environments.

On August 8 of this year, the Salvadoran Congress approved the new "Intellectual Property Law", which unites in a single body the currently in force "Law of Trademarks and Other Distinctive Signs" and "Law of Intellectual Property", and where the Salvadoran Institute of Intellectual Property is created.

The new entity will be headed by a director, appointed by the Director of the National Center of Registries, and will be supported by department chiefs and auxiliary registry staff.

One of the law’s benefits is that it consolidates the digital registration process, replacing publications in the Official Gazette and in a newspaper of national circulation, with publications in the new entity’s electronic bulletin.

We can also find the following novelties in the law:

COPYRIGHTS

  • Collective Management Organizations shall include a discount of at least 50% on their fees when paid by micro and small enterprises. Also, when several copyrights and related rights converge, there will be a sole payment distributed among all title owners.
  • Special exceptions are included to benefit people with visual, auditory, or other disabilities that prevent them from accessing a specific work or product.

TRADEMARKS

  • New non-traditional trademarks are considered, such as taste and texture marks.
  • Trade names and advertising signs must be renewed every 10 years, as currently applies in the case of trademarks. Also, the use of a trade name needs to be evidenced with the renewal petition.

PATENTS

  • The patenting of new uses for products or processes already patented is expressly prohibited.
  • The definition of Bolar Exception is included.
  • The term of protection of Industrial Designs is extended to 15 years, with payment of quinquennial fees.
  • A fee for rehabilitation of patents is included.

OTHER INDUSTRIAL PRIVILEGES

  • The protection of integrated circuits and layout design is provided.

INTELLECTUAL PROPERTY IN DIGITAL ENVIRONMENTS

The new regulation includes the protection of distinctive signs and copyright in digital environments.

Regarding distinctive signs, if the applicant includes in said sign a generic or country code top-level domain name, they must provide documentation justifying their use of the domain name.

In addition, the registration of a domain name or its renewal can be denied, and an existing registration can be cancelled, if there is an evident intention to occupy or register a distinctive sign that may cause an error of association of business origin or takes advantage of the notoriety of a distinctive sign or of the fame and/or reputation of a company.

Regarding copyright, the cybersquatting of a protected work title or of an author’s pseudonym is prohibited if there is risk of confusion among the public, if there is evident exploitation of the work or an if there is an improper appropriation of the artistic, literary, or commercial success of the work or of the author’s fame and/or reputation.

Once approved by the President and published in the Official Gazette, the law shall enter into force 6 months after the date of publication.

If you have any questions, you can gladly contact Morena Zavaleta (morena.zavaleta@ariaslaw.com).



The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.