1 Decree Nº 358 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that article 103 of the Constitution recognizes to natural and legal persons the right to intellectual and artistic property which will be adjusted according to the conditions laid down in the law;
II. that by means of Decree legislative No. 868, dated 6 June 2002, published in the official journal N ° 125, vol. No. 356, of July 8 of the same year, was issued the law on trademarks and other distinctive signs, which is intended to regulate the acquisition, maintenance, protection, modification and licensing of brands, expressions, or commercial advertising signs trade names, emblems, geographical indications and appellations of origin, as well as the prohibition of unfair competition in such matters;
III. that an effective intellectual property protection provides tools that stimulate local development, through mechanisms that guarantee quality of products and recognize the cultural and traditional value of production processes;
IV.-that in order to harmonize the current legislation with the commitments entered into by means of international treaties and to ensure that intellectual property legislation grasp in its regulations protection standards which establishes the agreement on aspects of the rights of intellectual property related to trade, which constitutes annex 1 c of the Marrakesh agreement by establishing the World Trade Organization, it is necessary to introduce amendments to the aforementioned law.
Therefore, in use of his constitutional powers and at the initiative of the President of the Republic, by the Minister of economy, DECREED the following: reforms to the law of marks and other signs distinctive article 1.-replaced article 2, with the following: "(Conceptos Utilizados Art. 2.-Para los efectos de esta Ley se entenderá por: a) distinctive sign: any sign constituting a mark" expression, or signal 2 commercial advertising, a trade name, an emblem, a geographical indication or an appellation of origin;
(b) notoriously well-known distinctive sign: A sign known for the suitable sector of the public or in business circles related to it, such as belonging to a third party, who has acquired this quality for use in the country or as a result of the promotion of the same;
(c) famous distinctive sign: that distinctive sign that is known by the public in general, in the country or abroad;
(d) brand name: any sign or combination of signs allowing to distinguish the goods or services of one person from those of another, as these sufficiently distinctive or capable of identifying the goods or services to which they apply against those of the same species or class;
(e) collective mark: A mark whose owner is a legal entity which brings together persons authorized by the owner to use the trademark based on a regulation;
f) certification mark: A mark that is applied to products or services whose quality and other characteristics are controlled and certified by the proprietor of the mark;
(g) expression or sign of commercial advertising: every word, legend, announcement, slogan, phrase, sentence, combination of words, design, engraving or any other similar means, provided that it is original and characteristic, that is used in order to attract the attention of consumers or users on one or more products, services, companies or establishments;
(h) trade name: A denominative or mixed sign which identifies and distinguishes a company or to its establishments;
(i) emblem: A figurative, symbolic or allegorical sign that identifies and distinguishes a company or to its establishments;
(j) geographical indication: A geographical name, designation, image or sign that identifies or evokes a good originating in a specific country, a group of countries, a region, a town or a particular place when a specific quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;
(k) designation of origin: A geographical indication that is constituted by the denomination of a country, a region or a specific place, used to designate a product originating from them, whose qualities or characteristics are exclusively or essentially due to the geographical environment in which it occurs, including natural factors and human factors; will also be deemed as appellation of origin the constituted by a name which, without being the of a country, a region or a specific place, refers to a particular geographical area when it is used in relation to products originating in such an area;
3 l) Paris Convention: the Paris Convention for the protection of Industrial property, signed on 20 March 1883, recently revised in Stockholm on 14 July 1967 and as amended on September 28, 1979;
"(m) registry: registry of intellectual property."
Article 2.-replace the literal h), of article 9, by the following: "h) if the sign is likely to cause confusion with a geographical indication or a protected designation of origin or whose protection has been requested prior to the registration of the mark;"
Article 3.-the final subparagraph, of article 10, be replaced by the following: "applicants can manage with the registry, or through a representative who is an attorney of the Republic and which is not within the disabilities as it referred to article 67 of the code of Civil and commercial procedure."
Article 4.-reform the third subparagraph of Art. 14, follows: "(Si la marca solicitada fuere idéntica o semejante a otra marca o signo distintivo que se encuentre en trámite de registro, de conformidad a lo establecido en los literales a) (, b) (and h) of article 9 of this law, the registry will give Providence, leaving it in abeyance until is resolved which is being processed." If the resolution which of the following about this is negative, the application declared dormant, will be processed in accordance with this law, recognizing her priority right referred to in the second paragraph of article 5 of this law."
Article 5.-replaced by Title VI, the heading of its chapter I, with the following: "Chapter I provisions General" article 6.-the Art. 64, be replaced by the following: "use of geographical indications and designations of origin article 64.-geographical indications and appellations of origin may not be used in trade in connection with a product or service" such indication was false or misleading with respect to origin or geographical environment of the product or service or when their use give rise to likelihood of inducing the public to confusion regarding the origin, source, characteristics or qualities of the product or service.
Use in trade, will not be allowed even if the true origin of the product is indicated or used the geographical indication translated or accompanied by expressions such as "kind", "type", "style", "imitation" or other similar.
4. do not be will prevent continued and similar use of a particular geographical indication with respect to goods or services by any person, Salvadoran or domiciled in the country who have used that geographical indication in good faith and on an ongoing basis with respect to the same goods or services, or other related, in the territory of the Republic on the date established by international treaties to which El Salvador is part."
Article 7.-the Art. 65, be replaced by the following: "use in advertising article 65.-cannot be used in advertising or commercial documentation relating to the sale, exhibition or offer products or services, a geographical indication or designation of origin giving rise to likely cause mistake or confusion about the geographical origin of such products or services."
Article 8.-replaced by Title VI, the heading of its chapter II, with the following: "Chapter II procedure of registration" article 9-Article 67, be replaced by the following: "registration of geographical indications and designations of origin article 67.-the protection of geographical indications and designations of origin in the country was born of your registration in the registry."
The State of El Salvador will be the holder of geographical indications and designations of origin national. Ownership of the geographical indications and foreign appellations of origin which are registered in the country will be determined by the provisions of the law that governs in the country of origin.
One or more producers, manufacturers and craftsmen who have their production or manufacturing establishment in the region or in the town which is the indication or denomination, may apply for registration, either personally or by means of any type of Association. Same Faculty will have the competent public authorities.
Producers, manufacturers or foreign artisans, as well as foreign authorities may request the registration of designations of origin or geographical indications foreign, provided that they are protected in the country of origin."
Article 10.-Article 68, be replaced by the following: "prohibitions for registration article 68.-a sign may not register as a geographical indication or designation of origin: 5"
(a) other than in accordance with the geographical indication or designation of origin definitions contained in article 2 of this law, as applicable;
(b) which is contrary to good manners, morals or public order, or that might mislead the public about the geographical origin, nature, mode of manufacture, characteristics or qualities, or the suitability for use or consumption in the respective products;
(c) that is the common or generic name of a product, estimated common or generic name, when it is considered as such, connoisseurs of this type of product, by both the public in general; or, d) that is in any of the cases set out in article 9 of this law.
"You can register a geographical indication or an appellation of origin accompanied by the generic name of the respective product or a product-related expression, but the protection does not extend to the generic name or expression employees."
Article 11.-Article 69, be replaced by the following: "(Solicitud de Registro Art. 69.-La solicitud de registro de una indicación geográfica o denominación de origen indicará: a) designation of the authority is directed to that;"
(b) the name, nationality and address of the applicant or applicants, with an indication of the place where their settlements of production or manufacture;
((c) the name, nationality and domicile of the legal representative, if there is one d) the geographical indication or appellation of origin whose registration is requested;
(e) the geographical area of production refers to which the geographical indication or designation of origin;
(f) the products for which it is used the geographical indication or designation of origin;
(g) a summary of the qualities or characteristics of the products for which it is used the geographical indication or designation of origin;
(h) concrete indication of what is requested;
(i) exact address or email address to be notified, or if it can be notified by the Board; and j) place and date of the request and handwritten or electronic signature if the applicant or applicants 6.
In the case of a geographical indication or designation of origin, foreign, regardless of the system of protection in their place of origin, the application must be accompanied by a certificate of registration or proof attesting to their protection in the place of origin issued by the authority that granted such registration or granted its protection, which shall be exempt from any requirement of legalization , according to the conventions and treaties which El Salvador is a party.
If the documentation referred to in the preceding paragraph represent the information to those who refer literals e), f) and g) of this article, may omit this information in the application. When a same foreign proprietor has several geographical indications or designations of origin, one application will include all, provided that the requirements set out in the literal b), d), e), f) and g) of this article, for each of the directions or chosen names.
The application obtains the established rate, which will apply for each geographical indication or designation of origin requested."
Article 12.-Article 70, be replaced by the following: "(Procedimiento de Registro Art. 70.-La solicitud de una indicación geográfica o denominación de origen se examinará con el objeto de verificar: a) (the elements that justify: i) the link between a certain quality, reputation or other characteristic of the product and the geographical origin, in accordance with the provisions of article 2" , literally "j" or as the case may be;
(ii) the link between the quality or characteristics of the product and the geographical environment, in accordance with the provisions of article 2, literal "k".
(b) that met the requirements of article 69 of this law; and, c) that indication or designation whose registration is requested, is not included in any of the prohibitions laid down in article 68, first subparagraph of the present law.
Procedures relating to the examination, publication, opposition and the registration of the geographical indication or designation of origin, shall be governed by the provisions on the registration of marks, contained in title II of this law. When the application abarcare more than one geographical indication or designation of origin, a single publication containing them all will be made."
Article 13.-Art. 71, be replaced by the following: "granting of 7 registration article 71.-resolution which is granted registration of a geographical indication or an appellation of origin and the corresponding registration, indicate: a. the defined geographical area of production, whose producers, manufacturers and craftsmen will be entitled to use the indication or designation;"
b. products to which it applies the geographical indication or designation of origin; and, c. The qualities or characteristics of the products to which the geographical indication or designation of origin, shall apply except in cases in which by the nature of the product or any other circumstance is not possible to determine such characteristics.
In the case of geographical indications or appellations of origin, foreign, operators established in the defined geographical area shall be entitled to use the name, provided that the product complies with the corresponding specifications and is subject to the control system issued for this purpose by the entities of public or private of the country of origin that they managed. This right of use will not be subject to the prior registration of the user with the registry of intellectual property.
Public or private entities that represent the beneficiaries of geographical indications or appellations of origin, or those designated to this effect, have mechanisms that allow effective control of the use of geographical indications or appellations of origin protected."
Article 14.-the Art. 72, be replaced by the following: "duration and modification of the register article 72.-registration of a geographical indication or an appellation of origin, shall have indefinite duration and shall be determined by the subsistence of the conditions that led to it."
The registration of a geographical indication or designation of origin may be amended at any time will change when any of the points referred to in article 71, first paragraph and shall be subject to the procedure laid down for the registration of geographical indications or appellations of origin, as appropriate.
The modification of the registry obtains the established rate."
Article 15.-the Art. 73, be replaced by the following: "authorization of use Article 73.-natural persons or legal interest in using a geographical indication or an appellation of origin, must request to governing body the public authorization of use, in accordance with the requirements and procedures set out in the rules of use and administration."
"The authorization to use an appellation of origin shall have a term of ten years, numbered 8 from the date in which it is granted and may be renewed by equal periods."
Article 16.-intercalanse between the Arts. 73 and 74, the Arts. 73-a, -73B, 73 C, 73-D and 73-E, in the following manner: "regulation of use and administration Art. 73-A-the application for registration of a geographical indication or an appellation of origin must accompany the regulation of use and administration, which must include at least: a. the requirements to be met by producers, manufacturers or craftsmen to obtain permission and the procedure applicable to the respective applications;"
b. rights and obligations of persons entitled to use a geographical indication or an appellation of origin;
c. the defined geographical area of production, whose producers, manufacturers and craftsmen will be entitled to use the indication or denomination;
d. products to which it applies the geographical indication or designation of origin;
e qualities or characteristics of the products to which the geographical indication or designation of origin, shall apply except in cases in which by the nature of the product, or for any other circumstances is not possible to determine such characteristics;
f the control mechanisms that will be applied to ensure the proper use of the geographical indication or designation of origin;
(g). The design to be used in products designated with the geographical indication or designation of origin, if any;
h. the penalties for improper use or unauthorized of the geographical indication or designation of origin; e, i. The formation, functions and other functions of the governing body, which are not regulated in the law.
The application for registration of a geographical indication or designation of origin which is not accompanied by the rules of use and administration, not will be rejected and shall have a period of six months from the submission of the application for registration to comply with this requirement."" Governing body
Article 73b.-the Board of Directors will be a collegial and mixed entity composed of representatives of producers, manufacturers or craftsmen, and the Executive Branch, in the fields of economy; and Agriculture and livestock and the national records center.
9. the Board of Directors will be responsible for the Administration, the defense, the promotion and control of geographical indications or appellations of origin, in accordance with the provisions in the rules of use and administration.
The Director or Chairman of the organ of Directors shall exercise the powers that point you to this or any other law, as well as the regulation of use and administration, which are necessary for the Administration, good management and defense of the geographical indication or designation of origin."" Suspension of the authorization of use Art. 73-C-at the request of an interested party or ex officio, the governing body may suspend the authorization of use granted, following a hearing, any of its beneficiaries, by using it in a manner contrary to the regulation of use and administration."" Cancellation of the authorization of use Article 73-D.-the authorization of use of a geographical indication or designation of origin may be cancelled, following a hearing, in the following cases: a) expiration of the period of validity of the authorization, unless they had renovated;
(b) waiver of the holder of the authorization;
c) when the use by a producer, manufacturer or craftsman threatens or causes disparagement to the geographical indication or designation of origin; "(y, d) for the other reasons set out in the rules of use and administration. '" Failure to declare generic Art. 73-E-geographical indications and appellations of origin protected in accordance with provisions in this law shall not be considered common or generic to distinguish the product designating, while persists that protection in the country of origin."
Article 17.-Article 74, be replaced by the following: "cancellation of registration article 74.-at the request of any interested person, the Court shall declare the nullity of the registration of a geographical indication or designation of origin, when it is evidence that she is included in any of the prohibitions provided for in article 68 of this law."
At the request of any interested party, the competent court will cancel the registration of a geographical indication or designation of origin, when proven that the indication or denomination is used in the trade in a way that does not correspond to the respective registration, in accordance with article 71, first paragraph, of this law."
10 article 18.-replace the literal b), Art. 109, by the following: "b) by application for registration of a trade name, emblem, expression, or commercial advertising, geographical indication or designation of origin $CA 75.00 signal."
Article 19.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, nineteen days after the month of April of two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the two days of the month of may of the year two thousand thirteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
German Jose Armando Flores, Minister of economy.
11 D. OR. No. 81-volume no. 399 date: 6 may 2013 SV/ielp 30-05-2013 legislative index