Intellectual Property Laws at Nicaragua
Nicaragua's intellectual property (IP) legal framework is structured to align with international standards, particularly those set by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). The country's IP laws encompass various areas, including patents, trademarks, copyrights, and industrial designs.
🏛️ Key IP Legislation in Nicaragua
1. Law No. 354 on Patents, Utility Models, and Industrial Designs
Scope: Regulates the protection of inventions, utility models, and industrial designs
Provisions: Establishes procedures for granting patents, defines the scope of protection, and outlines the rights and obligations of patent holders
Enforcement: Provides mechanisms for enforcing patent rights and resolving disputes
2. Law No. 380 on Trademarks and Other Distinctive Signs
Scope: Covers the registration and protection of trademarks, trade names, and other distinctive signs
Provisions: Details the process for trademark registration, the rights conferred upon registration, and the duration of protection
Enforcement: Includes provisions for addressing infringements and unauthorized use of registered trademarks
3. Law No. 354 on Patents, Utility Models, and Industrial Designs
Scope: Regulates the protection of inventions, utility models, and industrial designs
Provisions: Establishes procedures for granting patents, defines the scope of protection, and outlines the rights and obligations of patent holders
Enforcement: Provides mechanisms for enforcing patent rights and resolving disputes
4. Law No. 380 on Trademarks and Other Distinctive Signs
Scope: Covers the registration and protection of trademarks, trade names, and other distinctive signs
Provisions: Details the process for trademark registration, the rights conferred upon registration, and the duration of protection
Enforcement: Includes provisions for addressing infringements and unauthorized use of registered trademarks
🌐 International Agreements
Nicaragua is a signatory to several key international IP treaties:
Paris Convention For the protection of industrial property.
Berne Convention For the protection of literary and artistic work.
Patent Cooperation Treaty (PCT) Facilitates international patent filing.
Madrid Agreement For the international registration of mark.
TRIPS Agreement Part of the WTO framework, setting minimum standards for IP regulation. Additionally, Nicaragua has ratified the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), known as the "Internet Treaties," which address the protection of authors' rights in the digital environment.
🛡️ Enforcement and Administration
The Nicaraguan Institute of Industrial Property (INPI) is the primary governmental body responsible for the administration and enforcement of IP rights in Nicaraga INPI oversees the registration of patents, trademarks, and industrial designs, and provides information and guidance on IP mattes.
For legal assistance and representation in IP matters, law firms such as ACZALAW offer services including IP registration, litigation, and contract negotiation.
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