The Legislative Assembly of El Salvador has approved a new Intellectual Property Law, which repeals the previous Law of Trademarks and Other Distinctive Signs, as well as the Intellectual Property Law in force since 1993 and its regulations.
The new law creates the Salvadoran Institute of Intellectual Property (ISPI). This new entity will be responsible for processing applications for intellectual property titles, overseeing the use of protected works, performances, and productions, and mediating conflicts between rights holders. These functions are currently performed by the Intellectual Property Registry.
Additionally, the law includes changes regarding the maintenance, protection, modification, and licensing of intellectual property rights:
- Trade names and advertising signs must be renewed every 10 years.
- The protection period for industrial designs is extended to 15 years.
- If an application for registering a distinctive sign includes a generic top-level or country code domain name, documentation justifying its use must be provided.
- Products or processes already patented cannot be patented again by merely attributing a different use from the original patent.
- Integrated circuits and layout designs will be protected.
Scope of Protection
The law defines the scope of protection for various forms of intellectual creation, including:
- Literary and Artistic Works: Books, brochures, writings of any nature and length, computer programs, video games, musical works with or without lyrics, as well as oratory, lectures, speeches, and similar works.
- Dramatic and Audiovisual Works: Dramatic, dramatic-musical works, choreographies, circus acts and tricks, pantomimes, cinematographic, and audiovisual works.
- Art and Design Works: Drawings, paintings, architecture, sculpture, engravings, lithographs, graphic and typographic works, photographs, applied art, illustrations, geographic maps, plans, and works related to geography, topography, industry, and sciences.
Fees and Exemptions
ISPI will establish fees for procedures, ranging from USD 20.00 to USD 500.00, depending on the type of procedure. However, the State and municipal governments will be exempt from these fees.
Additionally, educational institutions regulated by the General Education Law, as well as higher education institutions, persons registered in the National Registry of Culture and Art Workers, and small businesses will receive partial exemptions.
Moreover, a 50% discount on fees will be applied to micro and small enterprises accredited by the National Commission for Micro and Small Enterprises (CONAMYPE).
edna.lopez@garciabodan.com
Partner
García & Bodán
El Salvador