Geographical Indications Law in Panama
Here’s a detailed overview of Geographical Indications (GI) law in Panama:
🇵🇦 Geographical Indications Law in Panama
1. Legal Framework
Panama’s GI protection is primarily governed by:
Industrial Property Law No. 35 of 2016 (Ley de la Propiedad Industrial)
Complemented by relevant regulations and international agreements
Panama is a member of:
World Trade Organization (WTO) and complies with the TRIPS Agreement
World Intellectual Property Organization (WIPO)
Madrid Protocol, Patent Cooperation Treaty (PCT)
Panama-US Trade Promotion Agreement which also includes IP protections
2. Definition and Scope
A Geographical Indication in Panama is any sign used on goods that identifies them as originating from a specific territory, region, or locality where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Protected products include:
Agricultural products
Foodstuffs
Handicrafts
Wines and spirits
3. Types of Protection
Panama protects GIs through:
Registration of Geographical Indications
Appellations of Origin, which are a special category of GI with stricter requirements regarding quality and origin
Protection may also be granted through collective marks or certification marks
4. Registration Process
Applications for GI registration are filed with the Industrial Property Registry under the General Directorate of Industrial Property, part of the Ministry of Commerce and Industries (MICI).
Requirements include:
Identification of the GI
Description of the geographical area
Evidence linking the product’s quality or reputation to the geographic origin
Product specifications and production methods
The application undergoes examination for compliance.
It is published for opposition.
If no valid opposition is filed, the GI is registered.
5. Duration and Renewal
Protection is granted for an initial term of 10 years.
The registration can be renewed indefinitely for successive 10-year periods.
6. Rights and Enforcement
Only producers from the defined geographical area who comply with product specifications may use the GI.
The GI owner can prevent:
Misuse or false use of the GI
Imitation or misleading use of the indication
Enforcement remedies include civil lawsuits, injunctions, and damages.
Customs authorities can intervene to stop counterfeit or infringing goods.
7. International Protection
Panama recognizes and protects foreign GIs in accordance with international treaties, including TRIPS.
Panama cooperates with regional intellectual property organizations to strengthen GI enforcement.
8. Examples of GIs
Panama’s coffee and rum products are notable candidates or examples where GI protection is relevant.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Law No. 35 of 2016 |
| Registration Authority | General Directorate of Industrial Property (MICI) |
| Protection Duration | 10 years, renewable |
| Eligible Products | Agricultural, foodstuffs, handicrafts, wines, spirits |
| Protection Types | Geographical Indications, Appellations of Origin |
| Enforcement | Civil remedies, injunctions, customs enforcement |
| International Compliance | WTO TRIPS Agreement |
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