Safeguarding Intellectual Property in the Republic of Panama
Panamanian Intellectual Property Law No. 35 of May 10, 1996, replaced the out of date felony provisions on Intellectual Property, which have been in life for extra than sixty years. This law simplifies the method of registering logos and allows for renewal of a trademark for ten-12 months duration. The law’s maximum important feature is the granting of ex-officio authority to government groups to behavior investigations and to capture substances suspected of being counterfeited.
This new regulation introduced modem standards encouraged by way of the World Intellectual Property Organization (WIPO), consistent with the regulations of the World Trade Organization (WTO), for that reason bringing Panama into line with international traits on industrial belongings, which has reduced the infringement of foreign trademark rights in Panama.
In Panama, differing from different jurisdictions in which cases of business property are of administrative nature, due to the fact 1997, the IP jurisdiction has been removed from the Ministry of Commerce and Industry and given to big courts with exceptional competence to handle IP conflicts (ie, oppositions, cancellations, infringement of emblems and copyrights, and so forth). Also, the District Attorneys’ workplace is specialized in the prosecution of IP rights. Since the advent of this specialized jurisdiction within the court docket gadget, the lawsuits concerning these subjects have been extra expedite and proprietors are allowed to get a better protection of their IP rights in Panama.
The creation of specialized prosecutors for highbrow property-related cases has bolstered the safety and enforcement of intellectual belongings rights (IPR) in Panama.
Panamanian Intellectual Property Law additionally consists of criminal enforcement and criminal consequences which include jail, which can be the most effective methods and methods within the combat in opposition to infringement of intellectual assets rights.
Another foremost distinction from foreign jurisdictions is that in Panama custom authorities and administrative authorities from the Colon Free Zone, which have their own unique emblem check-in, are empowered by means of law to maintain, look at or even seize counterfeit goods; in a few cases, these institutions may also proceed even without the need for a claim or method in case of suspicion of counterfeited goods.
On the opposite hand, Panama’s 1994 copyright law modernized copyright safety and its 2004 replace created a unique Copyright Office with anti-piracy enforcement powers.
The Republic of Panama is a signatory to the WIPO Copyright Treaty and the WIPO Performances and Phonographs Treaty. The copyright office has improved border measures and installed new punishable offenses, which includes for Internet-primarily based copyright violations which have appreciably decreased the charge of VHS piracy.
Panama labored thru the FTA negotiations with the US of America to set up a prison regime to combat piracy of audiovisual merchandise over the Internet, which includes a note and take down provisions and simply defined Internet Service Provider (ISP) liabilities and copy protection measures.
At the worldwide degree, the Panamanian government has bolstered the legal framework and institutional preparations to conform with the prevailing global treaties, such as extra effective methods and tactics to all intellectual assets matters, together with:
• Civil enforcement, wherein the proper holder, or someone in possession of valid rights, which includes an assignee or licensee, take prescribed criminal action, along with in courtroom via submitting a civil movement in opposition to an infringer, and possibly in search of an injunction;
• Technological enforcement, wherein producers of products and services appoint technological method to guard IP rights against infringement (for instance, encryption of virtual copyright works).
• Border measures earlier than the Customs Office and the Colon Free Zone Authority. In order to put into effect IP rights, Panamanian Intellectual Property Law grants discretionary powers and faculties to Customs and The Colon Free Zone authorities to conduct investigations and retain any goods suspected of being imitations, which include the confiscation of equipment used to manufacture fake items.
The Attorney General’s Office and the Customs Bureau are formally empowered to provoke investigations on Intellectual Property subjects.
The Customs Bureau and the Free Zone Administration are duly empowered to preserve records of the Panamanian Intellectual Property Registrations for organizations inclined to protect their intellectual belongings via barrier measures. GALINDO, ARIAS & LOPEZ offers the service of registering a Panamanian Trademark Registration before the Customs Bureau and the Colon Free Zone.
With the information inside the register, the government can manage or even capture merchandise more correctly in the Colon Free Zone and Customs. These measures take significance because allowing an infringing product to remain on the market will harm the right-holder’s income and cause a risk of marketplace confusion.
Some complexities involved in organizing or implementing IP rights on a go border/worldwide scale are time aspect and expertise on the part of the authorities. In view of the seriousness of the sanctions worried, which require that decisions be taken as fast as feasible, time is of the essence.
Demanding cessation of infringement most effective makes feel if a court docket order may be issued fast. For this purpose, preliminary injunctions play the main part in enforcing IP rights, seeing that those measures are meant to save you further infringement until the court docket has decided on the merits of the case.
On the alternative hand, the demand for a quick process, main to a totally difficult sanction, requires information on the part of the judges. Only judges completely versed in intellectual property subjects are organized to make speedy use of this prohibitory device. It is also essential to make certain the participation of properly-educated criminal practitioners and lawyers.
Finally, prices are an trouble of main realistic significance in establishing or imposing IP rights on a go border/international scale. With the complexity of these matters, preserving the offerings of specialists, and of specialized legal practitioners in addition to legal professionals, imposes a heavy monetary burden on the parties. Measures which include taking proof and sporting out assessments and investigations on the infringing goods additionally involved in additional charges. In a few instances, in Intellectual Property infringement court cases, the financially weaker birthday party is continually in disadvantage.
The United States concluded free alternate negotiations with Panama in 2006. This change agreement will cast off price lists and other barriers to goods and services, sell economic growth and enhance alternate among the United States and Panama.
This exchange agreement consists of a bankruptcy on Intellectual Property. Conventions along with the Madrid Arrangement regarding the International Registration of Marks, and the Patent Cooperation Treaty (PCT) might be obligatory in the Republic of Panama.
The settlement offers for stepped forward requirements for the safety and enforcement of a wide variety of highbrow belongings rights, that are steady with both U.S. Standards of safety and enforcement, and with emerging worldwide requirements. Such upgrades encompass protections for virtual merchandise including U.S. Software program, tune, textual content, and movies and; stronger safety for patents, emblems and check facts, together with a digital machine for the registration and maintenance of trademarks.
Strengthening and improving Panama’s usual regime for the protection and enforcement of intellectual belongings rights in a huge range of areas become an essential objective of the FTA negotiations.
In Panama’s weather, businesses are frequently seeking out a manner of placing themselves ahead of competitors; many corporations lack a clear know-how of precisely what their highbrow assets is or what it’s well worth. Many organizations are ignorant of the extent of their highbrow assets and the outcomes of failing to defend it properly.
Therefore, agencies are figuring out the importance of an effective protection and use of highbrow assets and groups are looking for professional legal advice to discover the pleasant manner to defend their highbrow property and also to understand how excellent to put in force it.