Industrial Designs Law in El Salvador
Here’s an overview of Industrial Designs Law in El Salvador:
🇸🇻 Industrial Designs Law in El Salvador
1. Legal Framework
Industrial designs in El Salvador are protected under the Industrial Property Law, Legislative Decree No. 20 of 1999, as amended.
The Intellectual Property Registry Office (Registro de la Propiedad Intelectual), under the Superintendence of the Property of Intellectual and Industrial Rights (Superintendencia de la Propiedad Intelectual e Industrial - SPII), administers design registrations.
El Salvador is a member of several international treaties, including the Paris Convention, TRIPS Agreement, and is a participant in the Central American Intellectual Property System (SICA).
2. Definition of Industrial Design
An industrial design is the appearance or aesthetic aspect of a product.
This includes the shape, configuration, pattern, or ornamentation that makes a product visually appealing.
Protection excludes technical or functional features.
3. Registration Process
Applications for industrial design registration must be filed with the Intellectual Property Registry Office (SPII).
The application must include:
Representations of the design (drawings or photographs).
A clear description of the design.
The design must be new and have individual character.
The SPII conducts a formal examination and may publish the design for opposition.
4. Duration and Renewal
Protection is granted for an initial term of 5 years from the filing date.
The term may be renewed up to two times, for a maximum total protection period of 15 years.
5. Rights Conferred
The owner of a registered design has exclusive rights to:
Use the design.
Prevent unauthorized manufacturing, sale, or importation of products bearing the design.
License or assign the design rights.
6. Grounds for Refusal
Designs lacking novelty or individual character.
Designs dictated solely by technical function.
Designs contrary to public order or morality.
7. International Treaties
El Salvador is a party to:
Paris Convention
TRIPS Agreement
Central American Intellectual Property System (SICA)
International design protection may be coordinated through SICA.
Additional Notes:
El Salvador’s IP laws aim to harmonize with regional standards via SICA.
Electronic filing is possible for design applications.
Enforcement of industrial design rights can be pursued through administrative actions and courts.
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