Intellectual Property Laws at Uruguay
Uruguay's intellectual property (IP) legal framework is robust, aligning with international standards to protect creators' rights across various domains. Here's an overview of the key IP laws and practices in Uruguay:
📚 Copyright and Related Rights
Law No. 9.739 (1937): This foundational law governs copyright and related rights in Uruguay It has been amended several times, most recently by Law No. 19.857 (2019), which extended the duration of protection for authors' rights to 70 years after their death The law covers literary, scientific, and artistic works, including software and creative works in electronics and information technology While registration with the National Library's Copyright Office is optional, it provides additional legal benefits
International Treaties: Uruguay is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, ensuring that foreign authors receive the same protection as national authors
🏷️ Trademarks
Law No. 17.011 (1998) This law establishes provisions for trademark registration, including geographical indications and trade name. Trademarks are registered for an initial term of 10 years, with the possibility of indefinite renewal. The registration process involves conducting a preliminary search, filing an application with the National Directorate of Industrial Property (DNPI), undergoing examination, and allowing for a publication and opposition period.
💡 Patents
*Patent Law: Uruguay's patent law allows for the protection of inventions that are new, involve an inventive step, and are capable of industrial application Patentable subject matter includes chemical products and pharmaceutical compositions, which were previously excluded under earlier legislation The term of protection for a patent is 20 years from the application date However, certain inventions, such as diagnostic, therapeutic, and surgical methods for the treatment of humans or animals, are not patentable.
🌱 Plant Variety Rights
*Sui Generis Protection: Uruguay provides sui generis protection for plant varieties through special legislation administered by the *National Institute of Seeds (INASE. This system offers protection tailored to the unique characteristics of plant varieties, separate from traditional patent laws.
🛡️ Enforcement and Legal Remedies
Civil and Criminal Action: IP holders can pursue civil and criminal actions against infringements, seeking remedies such as injunctions, damages, and the destruction of infringing goods.
Collective Management: The Asociación General de Autores del Uruguay (AGADU) is a collective management organization that defends authors' rights, both moral and patrimonial, and promotes national authors.
🌐 International Cooperation
WIPO Membership: Uruguay is a member of the World Intellectual Property Organization (WIPO), participating in international treaties such as the Paris Convention for the Protection of Industrial Property and the Berne Convention.
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