Intellectual Property Laws at Puerto Rico (US)
Puerto Rico, as a U.S. territory, operates under a hybrid legal framework for intellectual property (IP) protection, combining federal U.S. laws with local statutes. Here's an overview of the IP landscape in Puerto Rico:
🏛️ Legal Framework
The Intellectual Property Law of Puerto Rico (Act No. 169 of 2009) governs trademarks within the territory For patents, copyrights, and trade secrets, federal U.S. laws apply, as Puerto Rico is subject to the same federal IP statutes as the 50 states
🛡️ Trademark Protection
Registration Trademarks can be registered under Puerto Rican law, even if not yet in use, provided there is a bona fide intent to use the mark in the territory. However, a Statement of Use must be filed within five years, or the registration may laps.
Duration Registered trademarks are protected for 10 years and can be renewed indefinitely.
Enforcement A Puerto Rican trademark registration serves as prima facie evidence of ownership and validity within the territory. It can bar the registration of confusingly similar marks and may provide grounds for injunctive relief against infringement, even if the mark is not in us.
💡 Patent and Copyright Protection
*Patents: Subject to federal U.S. law, patents are granted by the U.S. Patent and Trademark Office (USPTO) and provide protection throughout the United States, including Puerto Rio.
*Copyrights: Also governed by federal law, copyrights are administered by the U.S. Copyright Office and offer protection across all U.S. territories.
🔐 Trade Secres
Puerto Rico has adopted the Uniform Trade Secrets Act (UTSA), aligning its trade secret laws with those of most U.S. states. This act provides a legal framework for the protection of trade secrets, including remedies for misappropriation.
🧑🎨 Indigenous Peoples' IP Rights
In 2015, Puerto Rico enacted Law No. 120, which recognizes and protects the traditional knowledge, innovations, and cultural expressions of indigenous communities. This law requires that any use or exploitation of such traditional knowledge or expressions must be done with the informed consent of the community and with appropriate attribution.
⚖️ Enforcement and Litigation
IP rights in Puerto Rico can be enforced through both federal and local cuts. Local law firms, such as Ferraiuoli, Aldarondo IP, McConnell Valdés, and Pietrantoni Méndez & Álvarez LLC, offer comprehensive IP services, including litigation, licensing, and portfolio management.
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