Intellectual Property Laws at El Salvador

El Salvador's intellectual property (IP) framework is governed by the Ley de Propiedad Intelectual, enacted through Decreto Legislativo N.º 66 on August 8, 2024, and published in the Diario Oficial N.º 153, Tomo N.º 444 on August 15, 2024. This law aims to protect the economic and moral rights of Salvadoran authors and foreign residents, encompassing works in literature, arts, and sciences.

🧠 Key Provisions of El Salvador's Intellectual Property Law

1. Copyright Protection

Covered Works: Includes books, pamphlets, writings, computer programs, musical works (with or without lyrics), oratory works, three-dimensional works, applied art, written or recorded versions of lectures, speeches, lessons, sermons, dramatic or dramatic-musical and choreographic works, stage adaptations of dramatic or operatic works, works of architecture or engineering, globes, atlases and maps pertaining to any kind of study, photographs, lithographs and engravings, audiovisual works such as silent, spoken or musical cinematographic works, works of radio or television broadcasting, plans or other graphic reproductions and translations, and all other works that by analogy may be considered included within the same generic categories as the works specifie.

Duration:The protection lasts for the life of the author plus 70 years after their death, For anonymous or pseudonymous works, protection is 70 years from the first disclosur.

Public Domain:Works enter the public domain after the expiration of the protection period, or if the author waives their right.

2. Exceptions and Limitations

Fair Use:Permits the use of works without authorization for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, provided the use is fair and does not conflict with the normal exploitation of the work.

Freedom of Panorama:Allows the reproduction of works of art permanently located in public places without the author's authorization

3. Infringement and Enforcement

Penalties:Copyright infringement is punishable by imprisonment from 2 to 4 year

🏛️ Administrative Authority

The Centro Nacional de Registros (CNR) is the national authority responsible for the registration and protection of intellectual property rights in El Salvado.

🌍 International Treatie

El Salvador is a member of several international IP treaties, including:

*Berne Convention: For the protection of literary and artistic woks

*WIPO Copyright Treaty: Administered by the World Intellectual Property Organizaton

*Universal Copyright Convention: For the protection of woks

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