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Custom Recordal of IPRs in El Salvador

El Salvador

Custom Recordal of IPRs
Yes
No
Yes
The Legislative Decree No. 913 or 2005 on Trademarks forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in El Salvador.
It is effective on imports, exports, and transit of goods.
The role of the customs department is to oblige and consider the request made by the IP rights holder to deter the influx of goods of infringing nature being imported to or exported outside of El Salvador. While acting in furtherance of such a request, it is the duty of the customs department to ensure that the goods detected of suspicious activities are forfeited and detained with the customs. It is also the role of the customs to receive and hold any payments in the form of bonds, guarantee, or security.
If the IP rights holder has suspicion that a certain import, export, or goods in transit may have presumably counterfeit or confusingly similar marks, he or she may request the competent court to suspend the same by adducing sufficient pieces of evidence alongside the request.
As mentioned under article 96, the IP rights holder should provide adequate evidence to satisfy the competent court that there is prima facie case of infringement of his or her IP rights. This includes a sufficiently detailed description of goods that would be reasonably known by the IP rights holder, but he or she needs to make them readily recognisable. It is also cautioned that the requirement to provide sufficient information should not discourage the parties from having recourse to these procedures.
Yes
There is no such timeframe; however, any intimation of such sort shall be made at the earliest.
Yes, the customs department has a centralized system.
It is not possible to make a request of recording the intellectual property rights with the customs through an online medium. A written request has to be made.
The intellectual property rights are recorded with the customs only concerning a particular import or export of goods, which might be infringing the proprietor’s rights. They are not generally applicable for a particular period of time rather for specific occasions only.
Yes
If certain goods are found to be of infringing nature as per the request of the rights holder, the customs may suspend the clearance of such goods until a final determination by the court is made.
The applicant bears the liabilities and expenses related to the suspension of the release of infringing goods.
Yes
Yes
Yes
10 working days
Yes
An IP rights holder has 10 working days to produce an injunction order or an evidence of court proceedings to detain the goods. If due justification is provided, that period maybe extended by a period of 10 additional working days.
Yes
The competent court may require the rights holder initiating suspension proceedings to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. The said deposit may take the form of an instrument issued by a provider of financial services to keep the importer or owner of the imported goods free from any loss or damage resulting from any suspension in the dispatch of goods in the event of the competent court determining that the item does not constitute an infringement.
If the goods detained are found to be of infringing nature, the customs inform the parties to the dispute of the same for them to prepare for the course of action to be taken. They allow taking of samples, which can be helpful in establishing the case and defending the counterparts against any adverse court orders.
Yes, the customs authority invites the rights holder and the importer to join the proceedings at the court to resume the effect of provisional measures and later facilitate an order in favour of either of the two parties depending on the facts and circumstances of each case. If the action is not brought within 10 working days following the imposition of the measure contained in the previous paragraph, it shall automatically become invalid.
No
The court may require the submission of other documents and pieces of evidence to establish whether or not the goods are counterfeit.
The competent court shall order the destruction of merchandise that it has determined to be counterfeit, unless the rights holder agrees for them to be disposed of in another way. Goods with counterfeit marks may be donated to charity for use outside the market when the removal of the mark eliminates the infringing characteristics of the goods and they are no longer identifiable with the mark removed. The mere removal of the illegally acquired mark shall not be sufficient to authorize the entry of the goods in the markets.
N/A