Trademarks and the Threat to Legal Security

With regard to the discussion of an initiative which aims to modify the Trademark Law in Nicaragua, the business sector believes that relevant changes are being considered in the area of legal security, as far as the protection of trade names is concerned.

Friday, February 28, 2020

Regarding the subject, the National Assembly reported that on February 27, "... the consultation process for the initiatives to reform the Trademark Law and the Patent Law was successfully concluded, with the participation of economic and academic agents directly linked to the subject, who provided important contributions."

According to the official statement, the consultation "... was attended by representatives of the Mexican Nicaraguan Chamber of Industry and Commerce (CAMEXNIC), the Nicaraguan Chamber of Commerce attached to the Superior Council of Private Enterprise (COSEP), and a number of legal firms linked to the issue of intellectual property."

The COSEP stated its official position on February 26, assuring that the initiative of the Trademark Law proposes relevant changes in terms of legal security, considering that the protection of trade names moves from the declarative system (the trade name is acquired with its first use) to the attributive or constitutive system (the trade name with its registration).

"This reform is in opposition to Article 8 of the Paris Convention for the Protection of Industrial Property and Article 14 of the General Inter-American Convention on Trademark and Commercial Protection, to whose treaties Nicaragua is a party, as well as to the uniformity of the countries of the region", adds the official document.

The costs would also increase, since according to statements made by the President of the Chamber of Commerce and Services of Nicaragua Carmen Hilleprandt to, analyses have been made which conclude that "... the rates are being increased, almost 35% of the annual cost, the highest cost in the region, now will also pay photocopy, form among other things."

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