Industrial Designs Law in Guatemala
Here’s an overview of Industrial Designs Law in Guatemala:
Industrial Designs Law in Guatemala
Legal Framework
Industrial design protection in Guatemala is governed by the Industrial Property Law (Decree No. 57-2000).
Guatemala is a member of international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Hague Agreement Concerning the International Registration of Industrial Designs (acceded in 2001)
The law is administered by the Registro de la Propiedad Industrial under the Superintendencia de Administración Tributaria (SAT).
Competent Authority
The Registro de la Propiedad Industrial (Industrial Property Registry) manages the registration and administration of industrial designs.
Key Features:
Definition of Industrial Design
An industrial design is the appearance of a product or part of it, characterized by lines, contours, colors, shape, texture, or materials, provided it is new and original.
Registration Process
Applications must be submitted to the Industrial Property Registry and include:
Clear representations of the design (drawings, photographs, or other graphic forms)
Description of the design and the products it applies to (classified per the Locarno Classification).
The Registry examines applications for formal compliance and novelty.
Accepted designs are published for opposition.
Opposition
Third parties have a period to oppose the registration after publication.
Duration and Renewal
Protection is granted for an initial period of 5 years from the filing date.
It can be renewed for two additional 5-year terms, with a maximum protection period of 15 years.
Rights Conferred
Exclusive rights to manufacture, use, sell, or import products incorporating the registered design.
Right to prevent unauthorized copying or imitation.
Grounds for Refusal
Lack of novelty or originality.
Designs dictated solely by technical function.
Designs contrary to public order or morality.
Infringement and Enforcement
Enforcement is available through civil courts for injunctions, damages, and seizure of infringing products.
Customs authorities may assist in preventing entry of counterfeit goods.
International Protection
Guatemala’s participation in the Hague Agreement allows applicants to file international design registrations designating Guatemala.
Priority rights recognized under the Paris Convention.
Summary
Guatemala provides industrial design protection through registration with the Industrial Property Registry, granting exclusive rights for up to 15 years. The system follows international treaties and offers enforcement through judicial and administrative means.
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