El Salvador Overhauls Intellectual Property Law: A New Era of Innovation and Protection

By Edy Portal, partner at Eproint

El Salvador has enacted a new intellectual property law. This comprehensive legislation replaces the previous law that had been in place since 1993, aiming to strengthen protection for intellectual property rights, fostering innovation and economic growth.

The law will become effective six months after its official publication, with subsequent regulations to be issued by the president within 90 days.

"After 30 years, many things have changed in the national and international context," stated Camilo Trigueros, head of El Salvador IP Office (CNR), when presenting the project to the Commission of Legislation and Government of the Congress. Trigueros described the project as a "break existing scheme."

"El Salvador has the lowest registration costs in the region and ranks 20th out of 132 economies in terms of trademark applications. We need a change," highlighted Deputy Ana Figueroa.

The main objectives of the regulation are:

-To regulate the acquisition, maintenance, protection, modification, and licensing of intellectual property rights and other forms of industrial property;
-To regulate unfair competition related to industrial property rights;
-To encourage and promote creativity, inventive activity, and the transfer of national and foreign technology;
-To promote the protection of intellectual knowledge to contribute to socioeconomic well-being, achieving a balance between rights and obligations that fosters sustainable development in the country;
-To support cooperation and the transfer of technological knowledge within the nation.

Key features of the new law include enhanced safeguards for patents, trademarks, and copyrights, as well as the creation of the Salvadoran Institute of Intellectual Property (ISPI, for its Spanish acronym) to streamline registration processes. To encourage entrepreneurship, the law offers reduced registration fees for small businesses and educational institutions. Additionally, it incorporates provisions for protecting intellectual property in the digital age.

Establishment and Functions of the Salvadoran Institute of Intellectual Property

The Salvadoran Institute of Intellectual Property (the Institute) is established as a legal and technical entity with exclusive authority over intellectual property matters currently under the purview of the CNR.

The Institute's core functions encompass the processing and issuance of intellectual property titles, registration of transfers, assignments, and licenses, and public education and awareness regarding intellectual property rights.

Scope of Intellectual Property Protection

The law provides comprehensive protection for both copyright and industrial property. Copyright protection extends to literary and artistic works, including but not limited to:

-Books, brochures, and other written materials;
-Computer programs, video games, and musical compositions;
-Dramatic, musical-dramatic, and choreographic works;
-Cinematographic and audiovisual works;
-Artistic works such as drawings, paintings, sculptures, and photographs;
-Architectural plans, maps, and scientific works;
-Special protections are afforded to translations, adaptations, and derivative works. Additionally, the law safeguards published works, titles, and pseudonymous works.

Industrial property protection encompasses trademarks, distinctive signs, invention patents, utility model patents, and industrial design patents. The law also establishes provisions for infringement and sanctions.

Copyright Deposit and Ownership

Copyright deposit applications may be submitted by the author, legal representative, or attorney to the Institute. Required information includes the applicant's details, a work summary, creation or publication date, and payment proof.

Foreigners publishing works in El Salvador enjoy the same copyright protections as Salvadoran citizens. Works published abroad are also protected within El Salvador.

Fee Structure and Exemptions

The Institute will impose fees for various procedures, ranging from USD 20 to USD 500. Government entities, educational institutions, cultural workers, and small businesses are eligible for fee reductions or exemptions.

Institute Governance and Personnel

The Institute will be headed by a director appointed by the CNR. The director must be a lawyer and notary with substantial experience in intellectual property law. The Institute's staff will comprise department heads and assistant registrars, who must also be lawyers and notaries. Strict prohibitions are in place to prevent conflicts of interest.

If you require legal assistance or more information about the law, please contact us at eportal@eproint.com