Panamanian Intellectual House Law No. 35 of May perhaps 10, 1996, replaced the obsolete legal provisions on Intellectual House, which have been in existence for additional than sixty years. This law simplifies the course of action of registering trademarks and enables for renewal of a trademark for ten-year periods. The law’s most significant function is the granting of ex-officio authority to government agencies to conduct investigations and to seize supplies suspected of becoming counterfeited.
This new legislation introduced modem ideas advised by the Globe Intellectual House Organization (WIPO), constant with the policies of the Globe Trade Organization (WTO), as a result bringing Panama into line with international developments on industrial house, which has lowered the infringement of foreign trademark rights in Panama.
In addition, Panama is celebration to the following international agreements:
(a) The Trade Associated Intellectual House Rights (TRIPS) contained in the Marrakech Treaty, authorized by indicates of Law No. 23 of 1997 (b) The Berna Convention authorized by indicates of Law No. three of January three 1996 (c) Globe Intellectual House Organisation (WIPO) Treaty authorized by indicates of Law No. 93 of 15 December 1998 (d) The Common Inter-American Convention for Trademark and Industrial Protection authorized by indicates of Law No. 64 of 1934 and (e) The Paris Convention, authorized by indicates of Law No. 41 of 1995.
In Panama, differing from other jurisdictions exactly where circumstances of industrial house are of administrative nature, given that 1997, the IP jurisdiction has been removed from the Ministry of Commerce and Business and provided to unique courts with exclusive competence to deal with IP conflicts (ie, oppositions, cancellations, infringement of trademarks and copyrights, and so forth). Also, the District Attorneys’ workplace is specialized in the prosecution of IP rights. Considering that the creation of this specialized jurisdiction inside the court technique, the proceedings relating to these subjects have been additional expedite and owners are permitted to get a far better protection of their IP rights in Panama.
The creation of specialized prosecutors for intellectual house-associated circumstances has strengthened the protection and enforcement of intellectual house rights (IPR) in Panama.
Panamanian Intellectual House Law also involves criminal enforcement and criminal penalties such as prison, which are the most successful approaches and procedures in the fight against infringement of intellectual house rights.
A further main distinction from foreign jurisdictions is that in Panama custom authorities and administrative authorities from the Colon Cost-free Zone, which have their personal unique brand register, are empowered by law to retain, inspect and even seize counterfeit goods in some circumstances, these institutions may perhaps proceed even without the need of the need to have of a claim or course of action in case of suspicion of counterfeited goods.
On the other hand, Panama’s 1994 copyright law modernized copyright protection and its 2004 update designed a unique Copyright Workplace with anti-piracy enforcement powers.
The Republic of Panama is signatory to the WIPO Copyright Treaty and the WIPO Performances and Phonographs Treaty. The copyright workplace has enhanced border measures and established new punishable offenses, such as for Web-primarily based copyright violations which have substantially lowered the price of VHS piracy.
Panama worked by means of the FTA negotiations with the United States of America to establish a legal regime to combat piracy of audiovisual goods more than the Web, like notice and take down provisions and clearly defined Web Service Provider (ISP) liabilities and copy protection measures.
At the international level, Panamanian government has reinforced the legal framework and institutional arrangements to comply with the current international treaties, like additional successful approaches and procedures to all intellectual house matters, such as:
• Administrative enforcement, such as seizure of infringing goods by a customs workplace
• Criminal enforcement against the infringer
• Civil enforcement, in which the proper holder, or an individual in possession of valid rights, such as an assignee or licensee, requires prescribed legal action, such as in court by filing a civil action against an infringer, and possibly in search of an injunction
• Technological enforcement, in which producers of goods and solutions employ technological indicates to shield IP rights against infringement (for instance, encryption of digital copyright functions).
• Border measures just before the Customs Workplace and the Colon Cost-free Zone Authority. In order to enforce IP rights, Panamanian Intellectual House Law grants discretionary powers and faculties to Customs and The Colon Cost-free Zone authorities to conduct investigations and retain any goods suspected of becoming imitations, like the confiscation of gear applied to manufacture fake goods. The Lawyer General’s Workplace and the Customs Bureau are officially empowered to initiate investigations on Intellectual House matters.
The Customs Bureau and the Cost-free Zone Administration are duly empowered to maintain records of the Panamanian Intellectual House Registrations for businesses prepared to shield their intellectual house by means of barrier measures. GALINDO, ARIAS & LOPEZ gives the service of registering a Panamanian Trademark Registration just before the Customs Bureau and the Colon Cost-free Zone.
With the data in the register, the authorities can manage and even seize merchandise additional efficiently at the Colon Cost-free Zone and Customs. These measures take value simply because permitting an infringing item to stay on the marketplace will hurt the proper-holder’s sales and lead to a danger of marketplace confusion.
Some complexities involved in establishing or enforcing IP rights on a cross border/international scale, are time aspect and experience on the portion of the authorities. In view of the seriousness of the sanctions involved, which demand that choices be taken as promptly as doable, time is of the essence.
Demanding cessation of infringement only tends to make sense if a court order can be issued promptly. For this cause, preliminary injunctions play a main portion in enforcing IP rights, given that these measures are intended to avert additional infringement till the court has decided on the merits of the case.
On the other hand, the demand for a swift process, top to a really difficult sanction, demands experience on the portion of the judges. Only judges totally versed in intellectual house matters are ready to make speedy use of this prohibitory instrument. It is also essential to make certain the participation of effectively-educated legal practitioners and attorneys.
Lastly, charges are an concern of main sensible value in establishing or enforcing IP rights on a cross border/international scale. With the complexity of these matters, retaining the solutions of specialists, and of specialized legal practitioners in addition to attorneys, imposes a heavy monetary burden on the parties. Measures such as taking proof and carrying out tests and investigations on the infringing goods also involve additional charges. In some circumstances, in Intellectual House infringement proceedings, the financially weaker celebration is often in disadvantage.
The United States concluded cost-free trade negotiations with Panama on 2006. This trade agreement will eradicate tariffs and other barriers to goods and solutions, market financial development, and boost trade amongst the United States and Panama.
This trade agreement involves a chapter on Intellectual House. Conventions such as the Madrid Arrangement regarding the International Registration of Marks, and the Patent Cooperation Treaty (PCT) will be mandatory in the Republic of Panama.
The agreement offers for enhanced requirements for the protection and enforcement of a broad variety of intellectual house rights, which are constant with each U.S. requirements of protection and enforcement, and with emerging international requirements. Such improvements consist of protections for digital goods such as U.S. application, music, text, and videos and stronger protection for patents, trademarks and test information, like an electronic technique for the registration and upkeep of trademarks.
Strengthening and enhancing Panama’s all round regime for the protection and enforcement of intellectual house rights in a broad variety of regions was an significant objective of the FTA negotiations.
In Panama’s climate, organizations are generally searching for a way of placing themselves ahead of competitors a lot of businesses lack a clear understanding of specifically what their intellectual house is or what it is worth. Lots of organizations are unaware of the extent of their intellectual house and the consequences of failing to shield it adequately.
Hence, organizations are realizing the value of an successful protection and use of intellectual house and businesses are in search of specialist legal guidance to come across out the most effective way to shield their intellectual house and also to fully grasp how most effective to enforce it.
Some businesses are tending to implement measures in order to have an inventory of their intellectual house to ascertain what the company’s intellectual house is, exactly where it is, and what it is worth and also to fully grasp that managing the company’s intellectual house is additional than just registering patents and trademarks.
Corporations are beginning to implement processes to determine intellectual house that belongs to other people – such as know-how and trade secrets of competitors that may perhaps accidentally come into their company with new personnel.
Involving in-home sources and outdoors advisors, businesses are producing certain to cover intellectual house licensing, strategic alliance structuring, counterfeit and grey marketplace tracking, due diligence on partners and workers, registration of patents, copyrights, trademarks and trade secrets, intellectual house valuation and royalty and income recovery.
