Industrial Designs Law in Paraguay
In Paraguay, industrial design protection is governed by Law No. 868/1981 on Industrial Models and Designs, as amended by Law No. 4.798/2012, and regulated by Decree No. 30.007/1982. These laws are administered by the National Directorate of Intellectual Property (DINAPI).
📘 Legal Framework
Law No. 868/1981: Establishes the protection of industrial designs and models in Paraguay.
Law No. 4.798/2012: Amends various articles of Law No. 868/1981, including provisions related to registration, appeals, and fees.
Decree No. 30.007/1982: Regulates the implementation of Law No. 868/1981, including classification and procedural aspects.
📝 Eligibility and Requirements
To register an industrial design in Paraguay, the following conditions must be met:
Novelty: The design must be new and not previously disclosed.
Ornamental Nature: The design should be purely ornamental and not dictated by technical or functional considerations.
Non-Contravention: The design must not contravene public order, morality, or good customs.
Application Requirements:
Completed application form (Form 003).
Four graphic representations of the design
Brief description of the design.
Priority document, if applicable.
Power of attorney, if filed through a representative.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date
Renewal: Two additional 5-year periods, totaling a maximum of 15 years.
Renewal Fees: Must be paid before the expiration of the current term.
⚖️ Enforcement and Appeals
Opposition: Third parties can oppose a design application within 60 business days from the publication date. (kashishworld.com)
Appeals: Decisions can be appealed within 5 business days to the Director General of Industrial Property. (WIPO)
Cancellation Actions: Can be filed within 2 years from the public use of the design. (H&A)
🌐 International Protection
Paraguay is a signatory to the Inter-American Convention on Patents and Industrial Designs (Buenos Aires, 1910) and the World Trade Organization’s TRIPS Agreement. However, it is not a contracting party to the Hague Agreement, which facilitates the international registration of industrial designs.
📌 Summary
Governing Laws: Law No. 868/1981, amended by Law No. 4.798/2012, and regulated by Decree No. 30.007/1982.
Administering Authority: National Directorate of Intellectual Property (DINAPI).
Protection Term: Initial 5 years, renewable twice for 5 years each, totaling 15 years.
Application Requirements: Completed form, graphic representations, description, identification details, priority document (if applicable), and power of attorney (if applicable).
Enforcement: Opposition within 60 days, appeals within 5 business days, and cancellation actions within 2 years of public use.
International Treaties: Signatory to the Inter-American Convention and TRIPS; not a contracting party to the Hague Agreement.
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