Safeguarding Intellectual Property in the Republic of Panama

Panamanian Intellectual Property Law No. 35 of May 10, 1996, replaced the out of date prison provisions on Intellectual Property, which were in existence for extra than sixty years. This law simplifies the system of registering trademarks and allows for renewal of a hallmark for ten-12 months periods. The law’s most vital function is the granting of ex-officio authority to authorities businesses to conduct investigations and to capture substances suspected of being counterfeited.

This new regulation introduced modem standards endorsed by means of the World Intellectual Property Organization (WIPO), constant with the rules of the World Trade Organization (WTO), as a result bringing Panama into line with worldwide developments on commercial belongings, which has decreased the infringement of overseas trademark rights in Panama.

In Panama, differing from other jurisdictions where instances of industrial assets are of administrative nature, seeing that 1997, the IP jurisdiction has been eliminated from the Ministry of Commerce and Industry and given to big courts with specific competence to handle IP conflicts (ie, oppositions, cancellations, infringement of logos and copyrights, and so on). Also, the District Attorneys’ office is specialized inside the prosecution of IP rights. Since the creation of this specialized jurisdiction in the court system, the lawsuits concerning those topics had been greater expediting and proprietors are allowed to get a higher safety of their IP rights in Panama.

Another major difference from foreign jurisdictions is that during Panama custom government and administrative authorities from the Colon Free Zone, which have their personal special brand sign in, are empowered by way of regulation to maintain, inspect and even capture counterfeit goods; in some cases, those establishments might also continue even without the want of a claim or manner in case of suspicion of counterfeited goods.

• Border measures before the Customs Office and the Colon Free Zone Authority. In order to enforce IP rights, Panamanian Intellectual Property Law grants discretionary powers and faculties to Customs and The Colon Free Zone government to behavior investigations and hold any goods suspected of being imitations, which includes the confiscation of the system used to manufacture fake goods.
The Attorney General’s Office and the Customs Bureau are formally empowered to provoke investigations on Intellectual Property topics.

The Customs Bureau and the Free Zone Administration are duly empowered to keep data of the Panamanian Intellectual Property Registrations for agencies willing to defend their highbrow belongings thru barrier measures. GALINDO, ARIAS & LOPEZ offers the service of registering a Panamanian Trademark Registration earlier than the Customs Bureau and the Colon Free Zone.

With the statistics in the sign in, the authorities can control and even seize merchandise extra successfully at the Colon Free Zone and Customs. These measures take significance due to the fact permitting an infringing product to stay in the marketplace will harm the proper holder’s sales and result in a hazard of marketplace confusion.

Some complexities concerned in establishing or enforcing IP rights on a move border/worldwide scale are time issue and know-how on the part of the authorities. In view of the seriousness of the sanctions worried, which require that decisions be taken as speedy as possible, time is of the essence.

Demanding cessation of infringement handiest makes experience if a court docket order may be issued fast. For this motive, preliminary injunctions play a prime component in imposing IP rights, considering that those measures are supposed to prevent in addition infringement until the court has determined at the merits of the case.

On the opposite hand, the call for a quick technique, main to a completely hard sanction, requires knowledge on the part of the judges. Only judges fully versed in intellectual property subjects are prepared to make speedy use of this prohibitory instrument. It is also vital to make certain the participation of well-skilled criminal practitioners and attorneys.

Finally, expenses are a problem of primary realistic significance in establishing or implementing IP rights on a cross-border/international scale. With the complexity of these topics, maintaining the offerings of professionals, and of specialized criminal practitioners similarly to legal professionals, imposes a heavy financial burden on the events. Measures which include taking proof and sporting out tests and investigations on the infringing items also involve further expenses. In some cases, in Intellectual Property infringement court cases, the financially weaker party is usually in a drawback.

The United States concluded unfastened change negotiations with Panama in 2006. This trade settlement will dispose of tariffs and different barriers to goods and offerings, sell economic boom and enhance exchange between the USA and Panama.

This alternate settlement consists of a chapter on Intellectual Property. Conventions along with the Madrid Arrangement concerning the International Registration of Marks, and the Patent Cooperation Treaty (PCT) could be mandatory in the Republic of Panama.

The agreement affords for advanced requirements for the protection and enforcement of a vast range of highbrow belongings rights, that is steady with each U.S. Standards of protection and enforcement, and with emerging worldwide standards. Such improvements consist of protections for digital merchandise such as U.S. Software, music, textual content, and movies and; stronger safety for patents, emblems and test records, inclusive of an electronic system for the registration and renovation of trademarks.

Share