Getting the Deal Through - Patents 2008 can now be found online at www.GettingTheDealThrough.com. This edition provides comparative international analysis in 37 jurisdictions about the most important issues that corporate counsel and cross-border legal practitioners face when navigating international patent rights.
Romero Pineda & Associates provided El Salvador chapter, a research made by partner José Roberto Romero Mena and associate Jorge Enrique Méndez.
The published chapter on El Salvador issues can be consulted in the following PDF:
El Salvador
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Patents 2008, (published in January 2008 - contributing editor Stuart J Sinder). For further information please visit www.GettingTheDealThrough.com

On February 28th, Romero Pineda & Associates honored distinguished lawyer Francisco Bertrand Galindo in celebration of his 80th birthday.

Surrounded by partners, associates and his family, Dr. Bertrand Galindo viewed the unveiling of his portrait.

The event took place in the main conference room of the Firm, which will now be known as the Dr. Francisco Bertrand Galindo Library and Conference Room. He also received a diploma from the Firm in recognition of his 30 years of service with Romero Pineda & Associates.
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Partners Roxana Romero and Mario Ayala of the Firm´s Banking and Financial Division advised Banco Azteca from Mexico in the process of obtaining the license to incorporate and operate Banco Azteca El Salvador, S.A.

Banco Azteca El Salvador, S.A. is the first bank created in El Salvador after the boom of acquisition of local banks by foreign banks.

The participation of the Banking and Financial Division of the firm consisted in the study, preparation and coordination of all the process for obtaining the license to incorporate and operate Banco Azteca El Salvador S.A., before all the supervising entities, such as the Superintendency of the Financial System, Central Bank of Reserve, Deposit Guarantee Insitute, Salvadoran Stock Exchange, among others. In addition, the firm rendered legal advise to the new Bank in all related areas at all levels in the phase of inititation of operations.
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CAFTA-DR is a pioneer among Free Trade Agreements as it incorporates a complete chapter of protections for the environment and regulation of local legislation (“any law or regulation or part of it, whose main purpose is the protection of the environment or the prevention of any damage or harm against the life or health of any human or animal and vegetables”).

Some relevant issues mentioned in the chapter dedicated to the protection of the environment are: a) Warrantees that the legislation will grant appropriate protections and that each signing party will make its best effort to constantly improve it; b) Recognition by the signing parties that is inappropriate to promote commerce or investment by means of a reduction or a weakening to the protection of the environment contemplated in each legislation; c) Warrantees to the public fair, equal, and transparent judicial and administrative processes that sanction or repair the infringements to the environment; d) Stimulation of the development of the environment and creation of incentives that promote and contribute to the actual protection of the environment and its maintenance. This chapter also incorporates the possibility of sanctioning the parties that repeatedly fail to apply legislation in a way that affects commerce between the signing parties.
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CAFTA defines investment as any asset owned or controlled (directly or indirectly) by an investor that has the characteristics of an investment, including the characteristics of undertaking of capital or other resources, the expectation of gains and losses and assumption of risk. The chapter of Investments in the Treaty is applicable to financial institutions and investors of all signing parties, and their investments in financial institutions in the territories of all other signatories, as well as cross border commerce of financial services.

The chapter regulates national treatment and the treatment of the most favored nation and both principles are of general application either to cross border financial service providers or to the investment in financial services; however, the obligatory application of national treatment is only applicable in the period in which the investment is expanding. The Treaty also establishes that Consuetudinary International Law must be applied to national treatment and treatment of most favored nations.

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