What are the causes of counterfeiting and piracy in Guatemala?
The cause of counterfeiting and piracy is that the effectiveness of border measures are fairly weaker since the same costs heavily on the country. Therefore, it is difficult to contain such goods.
Which are the goods that most often face counterfeiting and piracy in Guatemala?
Films and digital piracy, apparel, etc. most often face counterfeiting and piracy in Guatemala.
Does Guatemala have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Guatemala for the enforcement of Intellectual Property Rights?
The laws include:
The Decree No. 21-2018 amending the Law on Copyright and Related Rights (Decree No. 33-98)
The Decree No. 3-2013 amending the Decree No. 57-2000 of the Congress of the Republic
The Industrial Property Law
The Law on Copyright and Related Rights (Decree No. 33-98, as amended up to Decree No. 11-2006 of the Congress of the Republic)
The Decree No. 30-2005 amending the Industrial Property Law, Industrial Property Law (Decree No. 57-2000)
The Civil and Criminal Procedure Code
What are the different types of IPRs protected by IPR enforcement in Guatemala?
Trademarks, Copyright and Related Rights, Patents, and Designs are the different types of IPRs protected by IPR enforcement in Guatemala.
What are the general IPR enforcement obligations in Guatemala?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Yes - Civil actions derived from the rights established in the law expire within 05 years from the date of knowledge of the violation of right or rights concerned. Criminal action may be exercised jointly or independently of the civil action and will expire under the rules set out in criminal law.
Which of the following IPR enforcement channels is/are available in Guatemala?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Guatemala?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Guatemala than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Guatemala?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Guatemala? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Guatemala for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Guatemala corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority – Constitutional Courts of Guatemala
B) Imprisonment Term - 01 to 06 years
C) Monetary Fine – 50,000 to 750,000 quetzals
Are there any other criminal remedies available in Guatemala than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Guatemala? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
The main alternative dispute resolution method used in Guatemala is commercial arbitration. Methods such as mediation and negotiation are not well known. Several sectors choose arbitration as the preferred method for resolving their disputes. The option of alternative dispute resolution mechanism is not often resorted to for the resolution of conflicts. However, only a very small proportion of cases are resolved through arbitration, and an even a smaller number are settled through mediation, conciliation, or negotiation.
Are border control measures (customs) available in Guatemala for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Guatemala?
If the competent authorities determine that the goods are pirated, they will be destroyed in accordance with a warrant, unless that the rights holder approves an alternative arrangement. In no case may the competent authorities allow the export of pirated goods to allow it see subject to other customs procedures except in exceptional circumstances.
Who must bear the costs of customs intervention during enforcement?
It is the rights holder who must be at the cost of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
If an IP rights holder abuses the enforcement measures in Customs Recordal, the customs shall treat the request as being abandoned by virtue of non-compliance.
Which are the best practices for enforcement of IPRs in Guatemala?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Guatemala? If yes, then kindly give 2-3 points.
