Geographical Indications Law in Guatemala
Here’s an overview of the Geographical Indications (GI) law in Guatemala:
🇬🇹 Geographical Indications Law in Guatemala
1. Legal Framework
Guatemala’s protection of Geographical Indications is governed by:
Decree No. 57-2000 of the Industrial Property Law (Ley de la Propiedad Industrial).
It aligns with the World Trade Organization’s TRIPS Agreement (Article 22-24).
Guatemala is a member of the Madrid Agreement and the Paris Convention, which also influence GI protections.
The Registro de la Propiedad Industrial (Industrial Property Registry), part of the Superintendencia de Administración Tributaria (SAT), is responsible for the registration of GIs.
2. What is Protected?
Geographical Indications (Indicaciones Geográficas) refer to names or signs that identify a product as originating from a specific territory where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Protection applies to:
Agricultural products
Foodstuffs
Handicrafts and other goods with distinctive geographic qualities
3. Registration Process
The applicant must file an application with the Registro de la Propiedad Industrial.
The application must include:
The name of the geographical area
Description of the product and its qualities linked to the origin
Evidence of the link between the product and the geographical area
The Registry examines the application for compliance.
After examination, the GI is published for opposition.
If no oppositions, the GI is registered.
4. Rights Conferred
The registered GI grants exclusive rights to the use of the indication for the products specified.
Unauthorized use or imitation of the GI is prohibited.
Protection generally lasts 10 years, renewable indefinitely.
5. Enforcement
The owner of a GI can take civil action against infringement.
Customs authorities may assist in preventing counterfeit or infringing goods at the borders.
Infringement can lead to sanctions, fines, and injunctions.
6. International Recognition
Guatemala recognizes GIs protected under international treaties such as the TRIPS Agreement.
It may also protect foreign GIs under international agreements.
7. Examples of GIs in Guatemala
Traditional coffee regions like “Antigua Guatemala” coffee are recognized for their geographical qualities.
Other regional agricultural products and handicrafts may qualify.
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Industrial Property Law (Decree No. 57-2000) |
| Registration authority | Registro de la Propiedad Industrial (SAT) |
| Protection scope | Agricultural products, foodstuffs, handicrafts |
| Duration | 10 years, renewable |
| Rights | Exclusive use and protection against misuse |
| International framework | TRIPS Agreement, Paris Convention |
RELATED Blog
0 comments