Intellectual Property Laws at Honduras
Honduras has a comprehensive legal framework for the protection of Intellectual Property (IP), encompassing copyrights, trademarks, patents, industrial designs, and related rights. These protections are governed by national laws and align with international standards, including agreements under the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO).
Key IP Laws in Honduras
Industrial Property Law (Decree No. 12-99-E)
This law governs patents, utility models, industrial designs, trademarks, geographical indications, trade names, and undisclosed information (trade secrets).
It establishes the framework for the registration, protection, and enforcement of industrial property rights in Honduras.
Copyright and Related Rights Law (Decree No. 4-99-E)
This law provides protection for literary, artistic, and scientific works, including provisions for neighboring rights.
It outlines the rights of authors and performers, as well as the duration and scope of copyright protection.
Copyright Protection
Automatic Protection: As a signatory to the Berne Convention, copyright protection in Honduras is automatic upon the creation of a work fixed in a tangible medium. No formal registration is required for protection.
Registration: While not mandatory, registering a work with the General Directorate of Intellectual Property (Dirección General de Propiedad Intelectual, DGPI) is recommended. Registration serves as prima facie evidence of authorship and can be crucial in legal disputes.
Duration: The term of copyright protection varies:
Literary, dramatic, musical, or artistic works: Life of the author plus 70 years.
Cinematographic works, sound recordings, photographs, computer programs, and works of government or international organizations: 70 years from the date of publication.
Unpublished works: 50 years from creation.
Trademark Protection
Definition: A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. This includes words, logos, shapes, colors, sounds, and scents.
Registration: Trademarks must be registered with the Honduran Institute of Industrial Property (Instituto Hondureño de Propiedad Industrial, DIGEPIH). The registration process includes submitting an application form, a clear representation of the trademark, and the appropriate fee.
Duration: Trademark protection lasts for 10 years from the registration date and is renewable indefinitely for successive 10-year periods.
Patent Protection
Eligibility: Patents are granted for inventions that are new, involve an inventive step, and are industrially applicable.
Registration: Applications must be filed with the DGPI and include a detailed description of the invention, claims, drawings, and an abstract. The application must be in Spanish, and a power of attorney is required.
Duration: Patent protection lasts for 20 years from the filing date, subject to the payment of annual maintenance fees.
Industrial Design Protection
Definition: Industrial designs refer to the aesthetic aspects of an object, including its shape, configuration, pattern, or ornamentation.
Registration: Applications must be filed with the DGPI, including representations of the design and the required fee.
Duration: Protection lasts for 15 years from the filing date, with the possibility of renewal.
Enforcement and Legal Remedies
Civil Remedies: IP holders can seek civil remedies through the courts, including injunctions, damages, and the destruction of infringing goods.
Criminal Remedies: Certain IP infringements, such as counterfeiting and piracy, are subject to criminal penalties under the Criminal Code.
Customs Enforcement: Honduras has provisions for customs authorities to seize counterfeit goods at the border under the Customs Law.
International Agreements
Honduras is a member of several international treaties that facilitate the protection of IP rights:
Berne Convention: For the protection of literary and artistic works.
Paris Convention: For the protection of industrial property.
Patent Cooperation Treaty (PCT): For the international filing of patent applications.
WTO TRIPS Agreement: For trade-related aspects of intellectual property rights.
Summary Table
| IP Type | Protection Method | Duration | Registration Body |
|---|---|---|---|
| Copyright | Automatic (registration optional) | Life of author + 70 years | DGPI |
| Trademark | Registration required | 10 years, renewable indefinitely | DIGEPIH |
| Patent | Registration required | 20 years | DGPI |
| Industrial Design | Registration required | 15 years | DGPI |
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