Modernizing Trade and Strengthening Intellectual Property

By Edy Portal, Eproint

On January 29, 2026, the United States and El Salvador took a landmark step by signing a Reciprocal Trade Agreement—a deal with no precedent in the Americas. The signing ceremony in Washington brought together Ambassador Jamieson Greer, representing the Office of the U.S. Trade Representative, and María Luisa Hayem, El Salvador’s Minister of Economy, to formalize a pact that had been under negotiation since the framework announcement in November 2025.

While the CAFTA-DR has governed much of the trade relationship between both countries since 2006, this new agreement expands the scope considerably. It addresses tariffs and customs modernization, but also ventures into digital trade, labor protections, environmental commitments, and—of particular relevance to our field—a reinforced framework for intellectual property protection and enforcement.

Article 1.17: A Two-Year Window for IP Treaty Accession

Perhaps the most consequential IP provision in the agreement is Article 1.17, located in Annex III. Under this clause, El Salvador has committed to presenting formal accession requests before its Legislative Assembly—with a deadline of no more than two years from the agreement’s entry into force—for four international IP instruments:

1. Geneva Act of the Hague Agreement (1999) – Opens the door to filing industrial design protections internationally through a single, centralized application.

2. Patent Law Treaty (2000) – Aims to simplify and harmonize the procedural requirements that patent applicants face across different national offices.

3. Singapore Treaty on the Law of Trademarks (2006) – Brings trademark registration procedures in line with modern administrative standards.

4. UPOV Convention (1991 revision) – Establishes a structured regime for protecting new plant varieties—an area of growing importance for agricultural economies.

Taken together, these four instruments cover patents, trademarks, industrial designs, and plant variety rights. If El Salvador follows through on accession, the country would align its domestic IP architecture with the standards observed by most developed and many emerging economies worldwide.

Raising the Bar on IP Enforcement

The agreement does not stop at treaty commitments. Article 2.5 also obligates El Salvador to build out its enforcement infrastructure across three dimensions: civil remedies for rights holders, criminal prosecution of willful infringers, and border controls capable of intercepting counterfeit or pirated goods. Notably, these obligations extend to the digital space, where online counterfeiting and piracy have become increasingly challenging across the region.

What makes this different from prior commitments under CAFTA-DR is the specificity. Rather than broadly reaffirming existing obligations, the new agreement sets firm deadlines and demands concrete legislative action. El Salvador will need to review and, where gaps exist, update its domestic statutes to meet these benchmarks—a higher standard than what previous frameworks required.

What This Means for IP Holders in the Region

For companies and practitioners managing IP portfolios across Central America and the Caribbean, these developments deserve close attention. If El Salvador ratifies the Hague Agreement, it would become possible to seek industrial design protection there through the international registration system. Accession to the Patent Law Treaty would reduce procedural friction in patent prosecution, while the Singapore Treaty would streamline trademark filings.

Beyond procedure, there is a broader signal here. A stronger, more predictable IP regime makes El Salvador a more attractive jurisdiction for foreign investment and technology transfer—something that benefits rights holders and the local economy alike.

A Turning Point, Not Just a Trade Deal

This agreement goes well beyond tariff schedules. By tying trade benefits to concrete intellectual property reforms, it creates real incentives for El Salvador to modernize its IP system and brings the country closer to the standards that international businesses expect.

For brand owners, patent holders, and innovators operating across Latin America, the trajectory is clear: the region’s IP landscape is evolving, and staying informed is essential.

At Eproint, we track regulatory and legislative changes across more than 40 jurisdictions in Latin America and the Caribbean. If you need guidance on how these developments may affect your IP strategy in El Salvador or the wider region, our team is ready to assist.

About the autor: Edy Guadalupe Portal is a partner at Eproint and Practice Head for El Salvador, with over 28 years of experience in intellectual property. She is a founding member and past president of the Salvadoran Association of Intellectual Property (ASPI), faculty member of INTA’s International Trademark Law course, and was elected the first president of the AIPPI regional group for Central America and the Caribbean.

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