El Salvador approves new Intellectual Property Law

The Legislative Assembly of El Salvador has approved a new Intellectual Property Law, repealing the previous Law on Trademarks and Other Distinctive Signs, as well as the Intellectual Property Law that had been in force since 1993 and its regulations.

The new law establishes the Instituto Salvadoreño de la Propiedad Intelectual (ISPI). This new entity will be responsible for processing applications for intellectual property titles, supervising the use of protected works, performances, and productions, and mediating conflicts between rights holders. These functions are currently performed by the Intellectual Property Registry.

Additionally, the law introduces changes regarding the maintenance, protection, modification, and licensing of intellectual property rights:

1. Trade names and advertising signs must be renewed every 10 years.
2. The protection period for industrial designs is extended to 15 years.
3. If a distinctive sign registration application contains a generic top-level domain or country code domain name, documentation justifying its use must be provided.
4. Products or processes that have already been patented cannot be patented again simply by claiming a different use for the original patent.
5. Integrated circuits and layout designs will be protected.

Scope of protection

The law defines the scope of protection for various forms of intellectual creation, including:

• Literary and artistic works: Books, pamphlets, writings of all kinds and lengths, computer programs, video games, musical works with or without lyrics, as well as oratory, lectures, speeches, and similar works.
• Dramatic and audiovisual works: Dramatic, dramatic-musical works, choreography, circus acts and tricks, pantomimes, cinematographic works, and audiovisual works.
• Art and design works: Drawings, paintings, architecture, sculpture, engraving, lithography, graphic and typographic works, photographs, applied art, illustrations, geographical maps, plans, and works related to geography, topography, industry, and science.

Fees and exemptions

The ISPI will establish fees for procedures ranging from USD 20.00 to USD 500.00, depending on the type of procedure. However, the state and municipal governments will be exempt from these fees.

Additionally, educational institutions regulated by the General Education Law, higher education institutions, individuals registered in the National Registry of Culture and Art Workers, and small businesses will receive partial exemptions.

Furthermore, accredited micro and small businesses will receive a 50% discount on fees through the Comisión Nacional de la Micro y Pequeña Empresa (CONAMYPE).

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