Panamanian Intellectual Property Law No. 35 of May 10, 1996, replaced the outdated legal provisions on Intellectual Property, which were in presence for greater than sixty years. This legislation simplifies the process of registering trademarks and allows for revival of a trademark for ten-year durations. The law’s essential function is the granting of ex-officio authority to government companies to carry out investigations and to confiscate materials believed of being counterfeited. This new legislation presented modem concepts recommended by the World Intellectual Property Organization WIPO, regular with the plans of the World Trade Organization WTO, hence bringing Panama into line with worldwide growths on commercial residential property, which has decreased the infringement of international trademark rights in Panama.
On top of that, Panama is event to the following international arrangements:
- at The Trade Related Intellectual Property Rights TRIPS had in the Marrakech Treaty, authorized using Law No. 23 of 1997;
- b The Berne Convention authorized through Law No. 3 of January 3 1996;
- c World Intellectual Property Organisation WIPO Treaty accepted by means of Law No. 93 of 15 December 1998;
- d The General Inter-American Convention for Trademark and also Commercial Protection authorized through Law No. 64 of 1934; and
- E the Paris Convention, accepted through Law No. 41 of 1995.
- In Panama, varying from various other territories where cases of industrial residential property are of management nature, because 1997, the IP territory has actually been removed from the Ministry of Commerce and Industry and provided to unique courts with exclusive proficiency to handle IP disputes i.e., resistances, terminations, violation of hallmarks and copyrights, etc. Additionally, the District Attorneys’ workplace is specialized in the prosecution of IP rights. Given that the creation of this specialized jurisdiction within the court system, the proceedings regarding these topics have actually been more accelerate and also owners are allowed to get a much better protection of their IP legal rights in https://havip.com.vn/thu-tuc-dang-ky-nhan-hieu/.
The development of specialized prosecutors for intellectual property-related cases has strengthened the defense and enforcement of copyright legal rights IPR in Panama. Panamanian Intellectual Property Law also includes criminal enforcement and criminal penalties such as jail, which are one of the most reliable approaches and treatments in the battle against violation of intellectual property rights. One more significant distinction from foreign territories is that in Panama custom authorities and also management authorities from the Colon Free Zone, which have their very own unique brand name register, are empowered by law to retain, inspect and also take fake products; sometimes, these establishments may proceed even without the demand of an insurance claim or process in situation of suspicion of counterfeited goods.
