#ElSalvador 🇸🇻 #APriori_Informs: New Intellectual Property Law and Creation of the Salvadoran Institute of Intellectual Property

On August 8 of this year, the Legislative Assembly approved the new “Intellectual Property Law,” consolidating the previously separate “Law on Trademarks and Other Distinctive Signs” and “Intellectual Property Law,” which had been in effect since 1993. This new law also creates the Salvadoran Institute of Intellectual Property (ISPI), which will be responsible for processing intellectual property registration applications, overseeing the use of protected works, performances, and productions, and mediating disputes between holders of these rights.

This law was enacted by the President of the Republic on August 15 and published in the Official Gazette on the same day in Volume No. 444, Issue No. 153.

Some of the most important updates in this law include:

• The definition of trademarks now encompasses non-traditional distinctive signs, such as taste/flavor and texture marks.
• Trade names and advertising signs must be renewed every 10 years, with evidence of commercial use required for renewal.
• Special exceptions are established for persons with visual, hearing, or other disabilities that impede normal access to a particular work.
• Patentability is restricted for products or processes already patented if only a new use is claimed for the existing patent.
• Integrated circuits and layout designs are granted protection.
• The protection period for Industrial Designs is extended to 15 years.
• A patent restoration fee is introduced.

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

• Literary and Artistic Works: Books, brochures, writings of any kind and length, software, video games, musical works with or without lyrics, as well as speeches, lectures, and similar works.
• Dramatic and Audiovisual Works: Dramatic, dramatic-musical works, choreographies, circus acts and tricks, pantomimes, cinematographic, and audiovisual works.
• Artistic 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 sciences.

The ISPI will establish fees for services, ranging from USD 20.00 to USD 500.00, depending on the type of procedure.

Additionally, educational institutions regulated by the General Education Act, higher education institutions, persons registered with the National Registry of Cultural and Art Workers, and small businesses will be eligible for partial exemptions.

Moreover, a 50% discount on fees will be applied to micro and small businesses duly qualified by the National Commission for Micro and Small Enterprises (CONAMYPE).