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Enforcement of IPRs in Nicaragua

Nicaragua

Enforcement of IPRs
The cost of the infringing goods/counterfeits is less than the price of the original goods, which helps maintain and give an impetus to those who potentially infringe upon the rights of legitimate proprietors.
Apparels and accessories, like bag-packs, watches, etc., most often face counterfeiting and piracy in Nicaragua.
Yes
The laws include - Decree No. 18-2012 on the Promotion and Protection of Rights of Intellectual Property of the Nicaraguan People, Law No. 634 of 2007 on Amendments and Additions to Law No. 354 on Patents, Utility Models and Industrial Designs, Law No. 577 of 2006 on Amendments and Additions to Law No. 312 of 1999 on Copyright and Neighbouring Rights; Law on Amendments and Additions to Law No. 354, Law on Patents, Utility Models and Industrial Designs (Law No. 579 of 2006), Law on Amendments and Additions to Law No. 380, on Trademarks and Other Distinctive Signs (Law No. 580 of 2006); Law No. 312 of 1999 on Copyright and Neighbouring Rights (consolidated version as of February 2001); Law No. 318 of 1999 on the Protection of New Varieties of Plants; Law No. 380 of 2001 on Trademarks and Other Distinctive Signs; Law on Patents, Utility Models and Industrial Designs (No. 354 of 2000); and Law on the Protection of Layout Designs for Integrated Circuits (Law No. 324 of 1999.
Copyright and Related Rights, Trademarks, Patents, Layout Designs for Integrated Circuits, Plant Varieties, and Utility Models are the different types of IPRs protected by IPR enforcement in Nicaragua.
Yes - The action for infringement of a right conferred by the law shall prescribe the 02 years counted from the date the holder became aware of the infringement, or 05 years from the last infringement committed, applying the term that expires before.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
No
Yes
Yes
A) Responsible Authority - District Court
B) Imprisonment Term - Copyright: 02 to 03years; Patents and Utility Models: 02 to 06 years
C) Monetary Fine - Copyright: 3,000 Cordoba to 25,000 Cordoba; Patent and Utility Models: 5,000 to 8,000 Central American pesos
No
No
The option of ADR is not often put in the picture to resolve the IP-related disputes.
Yes
Yes
The remedies available under border control measures (customs) in Nicaragua include precautionary measures to prolong the suspension, forfeiture, fines, and imprisonment.
The applicant must bear the costs of customs intervention during enforcement.
If the IP rights holder abuses the enforcement measures, the rights holder will no longer be protected at the instance of the customs since the proceedings are then deemed elapsed.
Court proceedings
No