Intellectual Property Laws at Panama
Panama has a well-established legal framework for intellectual property (IP) protection, primarily governed by Law No. 35 of May 10, 1996, on Industrial Property. This law encompasses various aspects of IP, including patents, utility models, industrial designs, trademarks, trade names, and undisclosed information (trade secrets). The General Directorate of the Registry of Industrial Property (DIGERPI), under the Ministry of Commerce and Industries, is the authority responsible for implementing this law.
🧠 Key Provisions of Law No. 35
1. Patents and Utility Models
Patentability: Inventions must be novel, involve an inventive step, and be capable of industrial application
Utility Models: Protect inventions that provide a new form or arrangement of a device, tool, or utensil, offering practical utility
Duration: Patents are protected for 20 years from the filing date, while utility models are protected for 10 years
International Treaties: Panama is a member of the Paris Convention and the Patent Cooperation Treaty (PCT), allowing for international protection of patents
2. Industrial Designs
Protection: Covers the ornamental or aesthetic aspects of an article
Duration: Protection is granted for 10 years from the filing date
3. Trademarks and Trade Names
Trademark Types: Includes product and service marks, collective and certification marks, and advertising slogans
Acquisition of Rights: Rights are acquired through use and are reinforced upon registration with DIGERPI
Duration: Registered trademarks are protected for 10 years, renewable indefinitely
Famous Marks: Marks that are widely recognized and have a strong reputation may receive broader protection
4. Trade Secrets
Definition: Information that provides a business advantage and is kept confidential
Protection: Requires reasonable efforts to maintain secrecy and prevent unauthorized disclosure
⚖️ Enforcement and Legal Actions
Civil Actions: Rights holders can initiate civil actions for infringement in the courts
Criminal Actions: The law provides for criminal penalties, including fines and imprisonment, for serious infringements
Customs Measures: Authorities can seize counterfeit goods at borders
🌐 International Treaties
Panama is a signatory to several international IP treaties, including:
Berne Convention For the protection of literary and artistic work.
Paris Convention For the protection of industrial property.
PCT Patent Cooperation Treat.
Hague Agreement Concerning the international registration of industrial design.
WCT and WPPT WIPO Copyright Treaty and WIPO Performances and Phonograms Treat.
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