El Salvador - New IP law approved
On 8 August 2024, the Legislative Assembly of El Salvador approved a new Intellectual Property Law, which will replace, update and combine into a single body the current "Law of Trademarks and Other Distinctive Signs" and the 1993 "Law of Intellectual Property". It will also create the Salvadoran Institute of Intellectual Property (“IPSI”) which will be in charge of managing procedures for, and mediating conflicts arising from, IP rights.
The new law will become effective 6 months after the date of its official publication (this date has not yet been announced), with subsequent regulations to be issued within 90 days thereafter. Inter alia, the law has the following features:
TRADE MARKS AND OTHER DISTINCTIVE SIGNS
- Non-traditional distinctive signs such as taste, relief and texture marks are included in the definition of a trade mark;
- Trade names and advertising signs must be renewed every 10 years, as is the case for trade marks. In addition, the use of a trade name must be verified upon its renewal.
PATENTS
- The express definition of the Bolar Exception is included;
- A patent restoration fee is provided for.
DESIGNS
- The term of protection of Industrial Designs is extended to 15 years, on payment of 5-yearly maintenance fees (under the current law, registered designs have an inextensible term of 10 years).
OTHER IP RIGHTS
- The protection of integrated circuits and layout design (topography) is contemplated.
For further assistance or information on any of the provisions of the new Law, please do not hesitate to contact us.
