SAPENA & ASOCIADOS - Attorneys at Law
Paisajes del Paraguay


 

INTELLECTUAL PROPERTY

  

I - General Information

Paraguay has actualized and adapted its Intellectual Property laws; in agree with the international and regional legal regulations. It has ratified the TRIPS Agreement in 1994. The Paraguayan laws are: the new Patent Law (2000), the new Trademarks Law (1998) and the new Copyright Law (1998).

In 1994, it has joined the Paris Treaty, adopting the international classification WIPO (Nice Agreement 8th version of entrance on the year 2002).

II -  Search Services and Informs about Viability of Applications

From the analysis of data obtained at the Industrial Property Direction, the professionals in charge redact the opinions and informs about possibility of oppositions, and viability of applications of trademarks, industrial models or designs, software, etc.

III – Trademarks Applications

The application of a trademark gives its owner not only the right of its exclusive use in the entire territory of Paraguay, but also the right of avoiding other similar applications that cause confusion with the products or services by its owner, and preventing actions that pretend taking advantage of the notoriety acquired by the same.

Formal Requirements of the trademarks Application

All applications must be sponsored by a lawyer, with an agent license, given by the General Direction of the Industrial Property.
1.   Name and address of the applicant and his sponsor, in the special formulary for the effect.
2.   Denomination and description of the trademark.
3.   Specification of the products or services.
4.  Power of attorney form attested by a Public Notary or general power with pertinent clause.

Validation of Trademarks

Trademarks are valid for a term of 10 years to be counted from the application filling date and could be renewed indefinitely.

IV - Patents of Inventions

Patents of Inventions are now granted for 20 years to be counted from the application filing date, and can be exploit by the owner, or whom ever the owner gives the license.

Conditions for the presentation of an INVENTION PATENTS application

1. Novelty, industrial application and inventive level.
2. Fill a technical and specialized formulary.                     
3. Fill a context that includes: title, descriptive memory of the object to be patented: present the correspondent vindications of the object to be patented; present a résumé of the requested with the descriptive memory and the vindications. Present the drawings or the correspondent formula at the application.     
Everything mentioned above must in three copies and signed by a lawyer and patent agent of the Industrial Property.

Revalidation of an Invention Patent

Must be presented with all the documents that certify its concession in another state legalized before the Embassy or the respective Consulate; the same for the transference and cession of an Invention Patent.

V – Industrial Models and Designs

The application of the Industrial Models and Designs gives its owner the exclusive right of reproducing the design or model in the fabrication of an industrial or handicraft product; of importing, putting in sale a product that reproduces the design or model protected, and of excluding any person or company from the realization of such acts with commercial and industrial purposes.

An application must be presented in special formularies for the effect, and must have the name and last name of the applicant and his sponsor or representative; the title and description of the model and design, and graphic or photographic representation of the same.

Validation of the Industrial Model and Design

Industrial model and design registrations are valid for 5 years to be counted since the application date, and the renewal is possible for two more consecutive periods of 5 years.

VI – Authors Right

The protection of the authors and the rest owners of artistic and literary work… written work: books, magazines, pamphlets, writings..; oral works: conferences, elocutions, lectures, didactic explanations; musical compositions; dramatic works, choreographies, audiovisuals, plastic works: designs, paintings, engraves, architecture works, photography, computer programs, collections of works among others.

Protects all production of intellect in the literary dominion, artistic or scientific, that has characteristics of originality and is susceptible to being divulgated or reproduced by any way, or a known procedure or a procedure to be known.

The authors rights application, gives the owners of the intellectual works the exclusivity of the reproduction or exhibition and put on sale, just like of the privileges correspondents in case of edition contracts or representation, likewise, the Paraguayan legislation owns legislation clear in relation to the actions of defense against the ones that infringe the authorial protection.

Software Application

The computer programs protect themselves in the terms of literary works. The protection extends up to all its ways of expression, in all operative and explicative programs. The established protection is extensive to any successful version of the program.

   

Sapena & Asociados Address:
Capitán Brizuela 684
esq. San Francisco
P.O.BOX 2614
Asunción - Paraguay
Telephone/Fax:
(+595.21) 222.235
e-mail:
e-mail info@SapenaLaw.com
  © 2006 Sapena & Asociados - All rights reserved.