Intellectual Property Laws at Paraguay
Paraguay has established a comprehensive legal framework to protect intellectual property (IP) rights, encompassing patents, trademarks, industrial designs, and copyrights. Here's an overview of the key IP laws and enforcement mechanisms in Paraguay:
Key IP Laws in Paraguay
1. Law No. 1.630/2000 – Patent Law
Protection Inventions and utility model.
Exclusions Simple discoveries, aesthetic creations, and certain method.
Patent Term 20 years, with annual maintenance fee.
Application Process Filing, examination, publication, opposition, and issuance, typically taking five to six years.
Enforcement Civil actions and precautionary measures like cease-and-desist order.
2. Law No. 868/1981 – Industrial Designs Law
Protection New and original industrial designs, excluding those serving solely technical function.
Protection Term Five years, renewable twice.
Application Process Filing, examination, publication, opposition, and registration, taking about two years.
Enforcement Civil actions and criminal complaint.
3. Law No. 1.294/1998 – Trademark Law
Protection Distinctive signs used to identify goods or service.
Application Process Filing, examination, publication, opposition, and registration.
Enforcement Administrative and judicial actions against infringement.
4. Law No. 1.328/1998 – Copyright Law
Protection Original literary, artistic, and intellectual works, including software.
Protection Term 70 years after the author's death.
Enforcement Civil and criminal actions against infringement.
🏛️ *National Directorate of Intellectual Property (DINAPI)
DINAPI is the central authority responsible for administering IP rights in Paraguay It was established by Law No. 4.798/2012 and operates under the Ministry of Industry and Commerce DINAPI's mission includes designing, implementing, promoting, and coordinating public policies on intellectual property to guarantee legal security for rights holders.
⚖️ *Alternative Dispute Resolution (ADR) – Mediation Services
In 2024, DINAPI launched a pilot mediation service to address IP disputes, including counterfeiting and piracy The service, developed in collaboration with the WIPO Arbitration and Mediation Centre (WIPO AMC), offers free, flexible, and confidential solutions to IP conflicts Since its implementation, over 30 cases have been resolved amicably, demonstrating the effectiveness of mediation in protecting IP rights and fostering a fairer business environment.
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