New Intellectual Property Law
On August 8, 2024, the Legislative Assembly of El Salvador approved the new Intellectual Property Law, which aims to establish a legal framework for the protection and enforcement of Intellectual Property rights and industrial privileges. This new law will repeal the current laws: the Law on Trademarks and Other Distinctive Signs, the Law on Intellectual Property, and the existing Regulation of the Law on Promotion and Protection of Intellectual Property.
Below are some of the changes introduced by the new law:
- The regulation of a single body of norms that includes copyright and related rights, distinctive signs (trademarks, trade names, advertising signs), patents (inventions, industrial designs, utility models), as well as industrial secrets, geographical indications, etc.
- The creation of the new “Salvadoran Intellectual Property Institute,” an office under the National Registry Center, which will be responsible for managing and processing requests related to Intellectual Property, as well as promoting, educating, and increasing knowledge about the protection of intellectual rights. It will also serve as a source of information and cooperation with national and international specialized organizations and the Intellectual Property office of other countries, among other functions.
- The inclusion of reliefs, textures, engravings, flavors, and moving words or images as registrable items.
- The modification of how trademark, trade name, or advertising sign publications are made, which will now be requested from the Intellectual Property Institute, along with a reduction in the publication period.
- A change in the registration period for trade names and advertising signs, which will no longer be indefinite and will have a validity of 10 years.
- The regulation of the formalities of contracts related to Intellectual Property.
- The regulation of the application of the Administrative Procedure Law, which takes precedence over the Civil and Commercial Procedural Code.
- A change in the fees for services provided by the mentioned institute, specifically regarding: submission of new applications, limitation, modification or division of applications, submission of oppositions, publications of trademarks and patents, trademark owner searches, registration of trademarks, trade names, and advertising signs, patent annuities, copyright deposits, and collective management entities.
- The inclusion of regulations on Unfair Competition related to Intellectual Property rights.
- The regulation of procedures for the gradual transition of the Intellectual Property system toward electronic and automated processes.
To better understand this new law, we invite our clients and the general public to contact us in order to provide the necessary advice and support in handling their Intellectual Property matters.
Written by: Paola Alarcón
