Proposed Legislation to Establish Salvadoran Institute of Intellectual Property

By Eproint

The Ministry of Economy of El Salvador has unveiled a legislative proposal aimed at overhauling the country's Intellectual Property framework. The proposed new Intellectual Property Law seeks to replace the current Intellectual Property Registry with the Salvadoran Institute of Intellectual Property, a newly envisioned institution under the umbrella of the already established National Registry Center (CNR).

Key Provisions of the Proposed Law

Institutional Transformation: The centerpiece of the proposal is the creation of the Salvadoran Institute of Intellectual Property, which will assume the current responsibilities of the Intellectual Property Registry. This institute is envisioned to be a legally and technically empowered body tasked with administering intellectual property rights, including trademarks, copyrights, and patents.

Legal Framework Consolidation: The proposed law includes provisions for repealing the existing Intellectual Property Law, the Law on Trademarks and Other Distinctive Signs, and the Regulation for the Promotion and Protection of Intellectual Property. This consolidation aims to streamline legal processes and enhance efficiency in intellectual property management.

Operational Structure: Under the new framework, the Institute will be headed by a director responsible for proposing its internal organizational structure and ensuring efficient service delivery through technological advancements. The director will be appointed by the CNR’s executive director, subject to specific qualifications in law and notarial practice with substantial experience in intellectual property matters.

Administrative Functions: The Institute will oversee a range of administrative functions, including processing applications, granting intellectual property titles, registering transfers, assignments, and licenses, as well as promoting public awareness and education on intellectual property rights.

Enforcement and Mediation: It will also play a crucial role in enforcing intellectual property rights by monitoring the use of protected works and intervening in disputes between rights holders, collective management organizations, and users of intellectual property.

Fee Structure: The proposal outlines a fee schedule ranging from $20 to $500, depending on the type of procedure, with exemptions for the State, municipalities, educational institutions, small businesses, and individuals in the cultural sector.

International Standards: The proposed law ensures that foreign works published in El Salvador receive equivalent protection as domestic works, promoting fairness and reciprocity in intellectual property rights.

The legislative proposal is currently under review by the Legislative Assembly’s Commission on Salvadorans Abroad, Legislation, and Government. Public consultations have commenced to gather feedback and insights from stakeholders, including legal experts, industry representatives, and the general public.