The Panamanian Intellectual Property Law No. 35 of May 10, 1996 replaces the outdated intellectual property law that has existed for more than 60 years. The law simplifies the process of trademark registration and allows trademarks to be renewed for ten years. The most important feature of the law is the granting of government agencies the power to investigate and detain the allegedly forged materials.
This new legislation introduces the modern concept recommended by the World Intellectual Property Organization [WIPO] in accordance with World Trade Organization [WTO] policies, thereby enabling Panama to comply with the international development of industrial property rights and reducing the infringement of foreign trademarks. Panama's rights.
In addition, Panama is a party to the following international agreements:
[a] Trade-related intellectual property rights [TRIPS] contained in the Marrakesh Treaty approved by Law No. 23 of 1997;
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[b] the Berne Convention, as approved by Law No. 3 of January 3, 1996;
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[c] The World Intellectual Property Organization [WIPO] Treaty ratified by Law No. 93 of December 15, 1998;
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[d] the General Agreement on Trademarks and Commercial Protection of the Americas, as approved by Law No. 64 of 1934; and
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[e] The Paris Convention ratified by Law No. 41 of 1995.
In Panama, unlike other jurisdictions where industrial property cases are of an administrative nature, intellectual property jurisprudence has been removed from the Ministry of Commerce and Industry since 1997 and is provided to special courts with exclusive capabilities to deal with intellectual property conflicts [ie Objection, cancellation, infringement of trademarks and copyrights, etc.]. In addition, the District Attorney's Office is responsible for prosecuting intellectual property. Since the establishment of this specialized jurisdiction within the court system, the proceedings relating to these subjects have been made more rapid, allowing everyone to better protect their intellectual property rights in Panama.
The establishment of specialized lawyers for IP-related cases has strengthened the protection and enforcement of intellectual property rights [IPR] in Panama.
Panama's intellectual property law also includes criminal enforcement and criminal penalties, such as prisons, which are the most effective methods and procedures for combating intellectual property infringement.
Another major difference from foreign jurisdictions is that customs authorities and administrative entities in the Panama Customs Free Zone have their own special brand registers, which give power to retain, inspect and even seize counterfeit goods; in some cases, these institutions Claims or treatments can even be made with suspected counterfeit goods.
On the other hand, Panama's 1994 copyright law modernized copyright protection, and its 2004 update created a special copyright office with anti-piracy enforcement powers.
The Republic of Panama is a signatory to the WIPO Copyright Treaty and the WIPO Performance and Gramophone Treaty. The Copyright Office has strengthened border measures and established new collateralized offsets, such as Internet-based copyright infringement, which has greatly reduced VHS piracy rates.
Through negotiations with the Free Trade Agreement of the United States of America, Panama has enacted a legal provision to combat piracy of audiovisual products on the Internet, including notification and deletion provisions and clearly defined Internet Service Provider [ISP] liability and copyright protection measures.
At the international level, the Panamanian Government has reinstated its legal framework and institutional arrangements to comply with existing international treaties, including more effective methods and procedures for all intellectual property matters, such as:
• Administrative enforcement, such as customs seizure of infringing goods;
• Criminal enforcement of infringers;
• Civil enforcement, where the rights holder or a person with effective rights [such as the assignee or licensee] takes prescribed legal action, such as filing a civil action against the infringer in court and may seek an injunction;
• Technical enforcement, producers of products and services use technology to protect intellectual property from infringement [eg, encrypted digital copyright works].
• Border measures of the Customs Office and the Cologne Free Zone Authority. In order to enforce intellectual property rights, the Panamanian Intellectual Property Law gives Customs and Cologne Free Zone entities discretion and institutions to investigate and retain any suspected imitation goods, including the confiscation of equipment used to manufacture counterfeit goods.
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The Office of the Attorney General and the Customs Office formally authorize the investigation of intellectual property matters.
The Customs and Free Zone Authority reserves the right to maintain Panamanian intellectual property registration records for companies willing to protect their intellectual property through barrier measures. GALINDO, ARIAS and LOPEZ provide registration of Panamanian trademark registrations in the Customs and Cologne Free Zones.
According to the information in the register, the authorities can more effectively control and even seize goods in the Free Zone and Customs in Cologne. These measures are important because allowing infringing products to remain on the market can harm the seller of the seller and lead to market confusion.
Some of the complexities involved in establishing or enabling intellectual property in a cross-border/international context are time factors and expertise in licensing. Time is of the utmost importance given the seriousness of the sanctions involved and the decision to be taken as soon as possible.
The requirement to stop infringement is meaningful only if the court order can be issued quickly. Therefore, the preliminary ban played an important role in the implementation of intellectual property rights, as they were designed to prevent further infringement until the court ruled on the merits of the case.
On the other hand, the demand for fast procedures leads to very severe sanctions and requires expertise in sentences. Only judges who are fully versed in intellectual property matters are prepared to use this prohibited instrument promptly. It is also important to ensure the participation of well-trained legal practitioners and lawyers.
Finally, cost is a matter of great practical significance in establishing or supporting intellectual property across a cross-border/international scale. Due to the complexity of these issues, in addition to lawyers, the retention of the services of experts and professional legal practitioners will impose a heavy financial burden on the parties. Measures such as forensics and testing and investigation of infringing goods also involve further costs. In some cases, the weaker financier is always at a disadvantage in intellectual property infringement litigation.
The United States ended its free trade negotiations with Panama in 2006. The trade agreement will eliminate tariffs and other barriers to goods and services, promote economic growth, and strengthen trade between the United States and Panama.
The trade agreement includes a chapter on intellectual property. The Republic of Panama will enforce conventions such as the "Marx International Registration Madrid Arrangement" and the "Patent Cooperation Treaty" [PCT].
The agreement sets out improved standards for the protection and enforcement of a wide range of intellectual property that meet US protection and enforcement standards and emerging international standards. These improvements include the protection of digital products such as US software, music, text and video; enhanced protection of patents, trademarks and test data, including electronic systems for trademark registration and maintenance.
Strengthening and improving Panama's overall legislation on the protection and enforcement of intellectual property rights in a wide range of areas is an important goal of the Free Trade Agreement negotiations.
In the climate of Panama, companies are often looking for a way to put them in front of their competitors; many companies are not sure what their intellectual property is or what it is worth. Many companies are not aware of the scope of their intellectual property rights and the consequences of failing to properly protect intellectual property.
As a result, companies are aware of the importance of effective protection and use of intellectual property, and companies are seeking expert legal advice to find the best way to protect their intellectual property and how best to enforce intellectual property.
Some companies tend to take steps to take stock of their intellectual property to determine what the company's intellectual property is, where it is, and its value; and to understand that the management company's intellectual property is more than just registered patents and trademarks.
The company began implementing processes that identify intellectual property belonging to others - such as competitors' knowledge and trade secrets, which could accidentally engage new employees.
Between housing resources and external consultants, the company ensures coverage of intellectual property licenses, strategic alliance structures, counterfeiting and grey market tracking, due diligence on partners and employees, patent registration, copyright, trademarks and trade secrets, ..... .
Orignal From: Protection of intellectual property rights in the Republic of Panama
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