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Enforcement of IPRs in Guatemala


Enforcement of IPRs
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.
Films and digital piracy, apparel, etc. most often face counterfeiting and piracy in Guatemala.
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
Trademarks, Copyright and Related Rights, Patents, and Designs are the different types of IPRs protected by IPR enforcement in Guatemala.
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.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority – Constitutional Courts of Guatemala
B) Imprisonment Term - 01 to 06 years
C) Monetary Fine – 50,000 to 750,000 quetzals
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.
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.
It is the rights holder who must be at the cost of customs intervention during enforcement.
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.
Court proceedings