INTELLECTUAL PROPERTY RIGHTS IN PARAGUAY
First Renewal Term
Subsequent Renewal Term
The Trademark Act of 6th August 1998, in force since 1st October 1998 - is the primary law governing the mechanism of trademark registration and protection in Paraguay.
Trademark protection is obtained by registration in Paraguay.
For getting a trademark registered in Paraguay, an application has to be filed with the Office of Industrial Property, which administers the entire trademark registration process.
Paraguay follows the 11th edition of Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within sixty (60) working days from the next day of its last publication.
In Paraguay, registered trademarks have a validity of ten (10) years from the date of registration, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months with a penalty.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Paraguay is a member of the Paris Convention for the Protection of Industrial Property. It is not a signatory to the Patent Cooperation Treaty (PCT).
The Patent Law No. 1630/2000 deals with the mechanism of patent protection in Paraguay.
For seeking patent protection in Paraguay, an application has to be filed with the National Directorate of Intellectual Property, which administers the entire process of patent grant.
In Paraguay, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application, Divisional Application, and Patent of Addition.
In Paraguay, third parties can oppose a patent application by filing observations, including information and documents, that can be useful in determining the patentability of the invention within sixty (60) days counted from the first working day following the latest publication date.
The patent of invention lasts for twenty (20) years in Paraguay. The first annuity will be due in the 3rd year, and the last annuity will be due in the 20th year. The payment of annuities must be made twelve (12) months before the due date. There is a grace period of six (06) months for the payment of annuities.
The Industrial Model and Designs Law No. 868/1981 - governs and deals with the mechanism of registration of industrial designs in Paraguay.
For getting an industrial design registered in Paraguay, an application has to be filed with the National Direction of Intellectual Property (DINAPI), which administers the entire process of registration.
The types of industrial design applications that can be filed in Paraguay include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can be raised within two (02) months from the date of publication of the industrial design
The total duration of industrial design registration in Paraguay is fifteen (15) years from the date of application. The initial registration term is five (05) years, which is further extendible for two (02) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is any time before the due date.
There is no grace period to renew a registered industrial design.
Paraguay is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, and the WIPO Copyright Treaty.
The Copyright and Related Rights Law No. 1328/1998 is the basic legislation governing copyright protection in Paraguay.
In Paraguay, copyright holders can register their works with the National Directorate of Intellectual Property. Copyright registration is only for declarative purposes - its omission does not prejudice the enjoyment or exercise of the rights recognized by the law.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.
In Paraguay, copyright infringement actions can be brought on the grounds of reproduction, communication, distribution, import, or any other form of use of the work - whether completely or partially without the author's consent.
The remedies available in copyright infringement actions include cessation of violation and compensation.