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Patent Cooperation Treaty (PCT)

Thursday, 26 July 2007 19:03
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El Salvador has consistently strived to develop its industrial activity; therefore it has embraced legislation to guarantee Industrial and Intellectual Property rights.

At the beginning of the twentieth century the Law of Invention of Patents was enacted in El Salvador. Later, the Political Constitution of 1983 recognized privileged rights to discoverers, inventors and perfectionists of productive processes. Such provisions were widely developed in the Law of Promotion and Protection of Intellectual Property, issued by Decree No.604 on July 15th, 1993. (The definition for inventions is defined in title III, chapter II of said Law, and it reads as follows: "Invention is an idea applicable to the solution of a determined technical problem. It may be referred to a product, or to a procedure".) This law also indicates that in order to obtain protection for an invention in various countries, individual applications must be filed in each country. This law replace the Law of Inventions of Patents.

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Cafta and Intellectual Property

Thursday, 24 May 2007 00:00


The Free Trade Agreement between Dominican Republic, Central America and United States of America (CAFTA-DR) has resulted in substantial amendments to the intellectual property field in El Salvador. Generally the amendments, which affect most of Central America, are focused mainly in the Copyrights field.
CAFTA incorporates into the Salvadoran internal laws the following treaties into Salvadoran law: The Patent Cooperation Treaty (1970); The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1980); The WIPO Copyright Treaty (1996) and The WIPO Performances and Phonograms Treaty (1996). El Salvador is expected to ratify the following treaties before January 1, 2008: The International Convention for the Protection of New Varieties of Plants (1991); The Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974) and ”The Trademark Law Treaty (1994). El Salvador has also agreed to make reasonable efforts to ratify The Patent Law Treaty(2000); The Hague Agreement concerning the International Registration of Industrial Designs (1999) and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989).

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DR- CAFTA Prompts Trademark Law Changes in El Salvador

Tuesday, 13 March 2007 01:00

We have received inquiries about our article on DR-CAFTA and more specifically its provisions relating to an intellectual property court system. To this end, we would like to clarify that the law in El Salvador now provides provisions for creation of an intellectual property courts system. However, such courts have not yet been established in El Salvador. Until they are, the courts that will handle all intellectual property matters will be the courts with the jurisdiction in commercial matters, as well as the criminal courts if the infringer has committed a felony.

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