Industrial Designs Law in Panama
In Panama, industrial designs are protected under Law No. 35 of May 10, 1996, on Industrial Property, and its implementing regulations, including Executive Decree No. 7 of 1998. The registration process is managed by the General Directorate of Industrial Property (DIGERPI) within the Ministry of Commerce and Industries.
📝 Eligibility and Registrability
Definition: Industrial designs encompass the ornamental or aesthetic aspects of an article, including its shape, configuration, pattern, or ornamentation.
Novelty: To be eligible for protection, the design must be new and original. A design is considered new if it has not been disclosed to the public prior to the filing date or the priority date, if claimed. Disclosures within 12 months before the filing date, resulting from acts by the creator or their assignee, are not considered detrimental to novelty.
Exclusions: Designs whose use would be contrary to public order or morality are not eligible for protection.
📄 Application Process
To register an industrial design in Panama, the following steps are required:
Preparation of Documents:
Power of Attorney: Notarized and legalized by Apostille or before the Panamanian Consulate.
Certificate of Existence: For legal entities, a notarized certificate of the company's existence and legal representation.
Assignment Document: If applicable, an assignment document executed by the inventor(s) and the assignee, notarized and legalized.
Design Representation: Three sets of drawings or photographs depicting the design.
Description: A brief description of the design, highlighting its novel aspects.
Priority Document: If claiming priority, a certified copy of the earlier application.
Filing: Submit the application and required documents to DIGERPI.
Examination: DIGERPI conducts a formal examination of the application. There is no substantive examination of novelty; the applicant is responsible for ensuring the design's originality.
Publication: Upon acceptance, the design is published in the Industrial Property Bulletin. Oppositions can be filed within two months from the publication date.
Registration: If no opposition is filed or any opposition is resolved in favor of the applicant, the design is registered, and a certificate of registration is issued.
⏳ Duration and Renewal
Initial Term: The registration is valid for 10 years from the filing date. (Parity Patent)
Renewal: The registration can be renewed for an additional 5 years, totaling a maximum protection period of 15 years. Renewal requests must be filed within six months before the expiration of the current term. A grace period of six months is allowed for late renewal, subject to a surcharge. (kashishworld.com)
⚖️ Enforcement and Legal Recourse
Exclusive Rights: The registered owner has the exclusive right to use the design and to prevent unauthorized use by third parties. Unauthorized acts include manufacturing, selling, offering for sale, or importing products that reproduce or incorporate the protected design. (WIPO)
Opposition: Any interested party can file an opposition to the registration within two months from the publication date. (kashishworld.com)
Cancellation: A design registration can be canceled if it is proven that the design was not novel at the time of filing or if it is not applied through manufacturing processes in Panama to a reasonable extent.
🌍 International Protection
Paris Convention: Panama is a member, allowing applicants to claim priority based on earlier filings in other member countries within six months.
Hague Agreement: Panama is a contracting party, enabling international protection of designs through a single application.
📌 Key Takeaways
Governing Law: Law No. 35 of May 10, 1996, on Industrial Property.
Administering Authority: General Directorate of Industrial Property (DIGERPI).
Protection Term: 10 years, renewable for an additional 5 years.
International Protection: Available through the Paris Convention and the Hague Agreement.
Enforcement: Opposition and cancellation procedures are available for enforcing rights.
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