Industrial Designs Law in Honduras
Certainly! Here’s an overview of the Industrial Designs Law in Honduras:
Industrial Designs Law in Honduras
Legal Framework
Industrial designs in Honduras are governed primarily by the Industrial Property Law of Honduras (Ley de Propiedad Industrial de Honduras), enacted in 1994 and subsequently amended.
The Registro de la Propiedad Industrial (RPI), under the Ministry of Industry and Commerce (SIC), is the national authority responsible for the registration and administration of industrial designs.
Honduras is a member of several international intellectual property treaties influencing its design protection system.
What is an Industrial Design?
An industrial design protects the ornamental or aesthetic features of a product.
This includes shape, configuration, pattern, or ornamentation applied to an article.
The design must be new and possess individual character.
Protection applies only to visual aspects, not technical or functional features.
Key Provisions
Definition:
The design relates to the external appearance of a product or a part of it resulting from features like lines, contours, colors, shape, or texture.
Registration Authority:
The Registro de la Propiedad Industrial (RPI) processes industrial design registrations.
Eligibility for Protection:
The design must be novel — not disclosed to the public anywhere in the world prior to filing.
It must have individual character, creating a distinct overall impression on informed users.
Registration Process:
Applications must include clear representations (drawings or photographs).
Formal examination is conducted.
Registered designs are published and a registration certificate is issued.
Duration of Protection:
Protection is granted for 10 years from the filing date.
Honduras currently does not provide for renewals beyond the initial term.
Rights Conferred:
The owner has exclusive rights to prevent unauthorized manufacture, sale, or importation of articles bearing the design.
Rights can be assigned, licensed, or transferred.
Infringement and Remedies:
Unauthorized use constitutes infringement.
Enforcement actions may be taken through administrative or judicial channels, including injunctions and damages.
International Treaties
Honduras is a party to the Paris Convention for the Protection of Industrial Property.
It is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
Honduras is part of the Central American Regional Industrial Property System (SICAP), which harmonizes IP protection across Central American countries.
Enforcement
Industrial design rights can be enforced through Honduran courts and administrative procedures.
Remedies include injunctions, damages, and confiscation of infringing products.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law of Honduras (1994) |
| Registration Authority | Registro de la Propiedad Industrial (RPI) |
| Protection Duration | 10 years (no renewals) |
| Examination Type | Formal examination |
| International Treaties | Paris Convention, TRIPS, WTO |
| Rights Conferred | Exclusive rights to prevent unauthorized use |
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