The Panamanian Intellectual Property Rights Law No. 35 on May 10, 1996 replaced the unlawful legal provision on intellectual property that had existed for over 60 years. This law simplifies the process of registering trademarks and makes it possible to renew a trademark for 10 years. The most important feature of the law is to give the government authority the last authority to investigate and seize documents suspected of being forged.
This new legislation introduces the modem concept recommended by the World Intellectual Property Organization (WIPO) and coordinates with the policy of the World Trade Organization (WTO) to reduce Panama to infringement of foreign trademarks by industrial ownership International Development Panama rights.
In addition, Panama is a party to the following international agreements.
(A) Trade related intellectual property rights (TRIPS) included in the Marrakesh Convention approved by Act No. 23 of 1997.
(B) Berna Convention approved by Act No. 3 on January 3, 1996.
(C) The World Intellectual Property Organization (WIPO) Convention approved by Law 93 of December 15, 1998.
(D) Trademarks approved by Act No. 64 of 1934 and the general inter-American treaty for commercial protection. And
(E) Paris Convention approved by Act No. 41 of 1995.
In Panama, unlike other jurisdictions in which the case of industrial property rights has administrative characteristics, IP law has been eliminated from the Ministry of Commerce and Industry since 1997 and a special court with special ability to deal with intellectual property rights disputes (Ie, cancellation, trademark and infringement of copyrights etc.). In addition, the local lawyer & # 39; office is specialized in prosecuting intellectual property rights. Since this special jurisdiction has been established in the court system, the procedures related to these subjects have been made faster and the owner can better protect intellectual property rights in Panama.
The creation of a professional lawyer for intellectual property related cases strengthened the protection and enforcement of Panama IPR (IPR).
Panama's intellectual property rights law also includes criminal enforcement such as prisons and criminal penalties, which are the most effective methods and procedures in intellectual property infringement lawsuits.
Another big difference with foreign jurisdiction is that in Panama, the customs authorities and administrative bodies of the Colon Free Zone with their own special brand registry, authorize the possession, inspection, and even seizure of laws to seize counterfeit goods It is what is given. In some cases, these institutions can proceed without requiring billing or procedures in case of suspected counterfeit goods.
Meanwhile, Panama 's 1994 copyright law modernized copyright protection, and in 2004 renewal created a special Copyright Office with the right to enforce the Copyright Infringement Act.
The Republic of Panama signed the WIPO Copyright Treaty and WIPO Performance and Recording Treaty. At the copyright office, cross-border measures such as Internet-based copyright violations that significantly reduced the VHS piracy rate have been strengthened and new penalties and offsets have been set.
Through FTA negotiations with the United States, Panama has established a legal system to deal with copyright infringement, such as anti-illegal copying measures on the Internet and Internet service providers (ISPs) clearly defined and copying prevention measures Established.
At the international level, the Panama government revived the legal framework and institutional development to comply with existing international treaties. This includes more effective methods and procedures for all intellectual property such as:
• Administrative enforcement such as the seizure of infringing goods by Customs.
• Criminal enforcement against infringers.
• Civil execution where a right holder or a person who possesses effective rights (such as an assignee or a licensee) raises a predetermined action such as a court, such as filing a civil lawsuit against an infringer and foreclosure.
• Technical enforcement (eg, encryption of digital works) that employs technical means for producers of products and services to protect intellectual property rights from infringement.
• Customs and border measures before the colon free zone · authority. In order to enforce the intellectual property rights, Panama's intellectual property law is aimed at investigating and maintaining articles suspected of being counterfeit items, including confiscation of equipment used for the manufacture of counterfeit goods, Give discriminatory authority and undergraduate to colon free zone organizations.
Lawyers' offices and customs authorities have been officially granted the authority to begin investigating intellectual property problems.
The Customs Department and the Free Zone Management Authority are entitled to keep records of Panama's intellectual property registrations for companies that intend to protect intellectual property through barrier measures. Garida, Aria & Lopez offers services to register Panama's trademark registration in front of the Customs and Colon Free Zone.
Using the information in the registry, the authorities can more effectively manage and caught goods in the colon free zone and customs. These measures are important because leaving the infringing product on the market hurts the rights holder of the sales right and leads to the risk of market confusion.
Some complications associated with establishing and enabling intellectual property rights across cross-border / international scale are time elements and expertise on some of the certifications. Taking into account the importance of sanctions requiring that decisions be made as quickly as possible, time is essential.
If you can immediately issue a court order, asking for a stop of the infringement makes no sense. For this reason, the preliminary injunction order plays an important role in implementing intellectual property rights, as it is to prevent infringement until the judgment gives rulings on judgment.
Meanwhile, the request for prompt procedures leads to severe sanctions and requires expertise in the text. Only judges familiar with intellectual property rights are ready to use this prohibited goods promptly. It is also necessary to ensure the participation of fully trained lawyers and lawyers.
Finally, cost is a big practical matter in establishing and enabling intellectual property rights on a cross-border / international scale. Maintaining the complexity of these issues, professional services, lawyers and professional attorneys' services will impose a heavy financial burden on the parties. Measures such as acquiring evidence and conducting inspections and investigations on infringing goods require additional expenses. In some cases, financially weak parties are always in a disadvantageous position in the procedure of infringement of intellectual property rights.
The United States signed free trade negotiations with Panama in 2006. This trade agreement will eliminate tariffs and other barriers to goods and services, promote economic growth and strengthen trade between the United States and Panama.
This trade agreement contains chapters on intellectual property. Conventions such as the Madrid Agreement on International Trademark Registration and the Patent Cooperation Treaty (PCT) are obligatory in the Republic of Panama.
This agreement provides both criteria for both protection and enforcement in the United States and improved standards for the protection and enforcement of a broad range of intellectual property rights that meet emerging international standards. Such improvements are more powerful against patents, trademarks, and test data, including protection against digital products such as US software, music, text, video, and electronic systems for patent registration, trademark maintenance Protection.
The strengthening and improvement of Panama's overall legislation on the protection and enforcement of intellectual property rights in a wide range of areas was an important objective of FTA negotiations.
In Panama's climate, companies are often looking for ways to prioritize competitors. Many companies do not clearly understand what intellectual property is and what it is worth. Many companies are unaware of the scope of intellectual property and the result that they can not be adequately protected.
Therefore, companies are aware of the importance of effective protection and use of intellectual property, enterprises specialized in finding the best way to protect intellectual property and understanding the best way to implement it We are seeking legal advice.
Some companies are trying to take measures to have an inventory of intellectual property in order to judge what the company's intellectual property is, where it is, and worth. It is important to understand that managing a company's intellectual property is more than just a patent and trademark registration.
Companies are beginning to introduce processes to identify intellectual property belonging to others. For example, knowledge and trade secrets of competing companies that may accidentally enter the business with new talent.
Among internal resources and external consultants, a company has an intellectual property license, a structure of strategic alliance, tracking of forgery and gray markets, due diligence of partners and employees, registration of patents, copyrights, trademarks and trade secrets, knowledge Recovery of property valuation loyalty and revenue.
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