Importance of Intellectual Property in the E-Commerce in Nicaragua
The e-commerce is defined as the process by which two or more people conduct business through a computer and an access network. Worldwide, the figures reflect an enormous potential to do business through the Internet. According to statistics provided by the website Live Stat, 40% of the world’s population has an internet connection. However, in our country according to the Economic Commission for Latin America and the Caribbean (CEPAL, by its acronyms in Spanish), it is estimated that 19.4% of the Nicaraguan population has internet access in their homes. Although it is not a high figure, this doesn’t show that there is no potential to do e-commerce in Nicaragua, especially considering that since the end of 2015 there is free internet in municipal parks.
Companies like Alfa, TUYA, Encuentra 24, Todo Compro, Cinemark, among others, work in the sale of products and services in exclusive offers, with up to 90% discount in restaurants, hotels, beauty salons, movies, among others, being pioneer companies with a strong position in the world of E-commerce in Nicaragua and with a positive perception on part of the population.
We are in the XXI century, where trade has been evolving day by day and where Intellectual Property has come to play an important role in economic transactions, since it consists in the protection of new ideas, original expressions, distinctive names and the appearance of products, issues that play a key role in trade.
Intellectual Property encompasses industrial property, copyright and related rights. Industrial property includes the protection of patents, trademarks, industrial designs and models. While it is true that intellectual property is not about tangible goods, this type of property is as valuable as if it was a movable or immovable property.
But here is the question, what is the role of Intellectual Property in E-commerce?
It is important to take into account the elements susceptible to Intellectual Property protection involved in e-commerce, such as:
- Music,
- Images,
- Trademarks,
- Software,
- Logos,
- Among others,
In these cases, the intellectual property provides protection through technological security systems, laws and regulations of local and internationals application.
In addition, it is the same Intellectual Property that makes e-commerce work. The systems that give life to the Internet, computer programs, networks, designs, integrated circuits, routers and switches, the user interface, etc., are elements of intellectual property and are often protected by these rights.
In Nicaragua, different laws contemplate the protection and actions against the infringement of intellectual property rights and the e-commerce: the Personal Data Protection Law, the Electronic Signature Law, Law of Trademarks and other Distinctive Signs, among others.
In conclusion, trade in Nicaragua is aimed at the possibility of expanding the market, reducing costs, increasing productivity, giving value to the brand and creating new sales’ channel through e-commerce. Thus, it is important to take the necessary measures of protection, not only of the commercial transaction that will be made, but also of the intellectual elements that are involved on it, through the correct application of legal and technological means.
Mayra Navarrete Crovetto
Senior Associate
García & Bodán
Nicaragua