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Enforcement of IPRs in Paraguay

Paraguay

Enforcement of IPRs
Yes
They are as follows:
  • The Law No. 4.923 on Geographical Indications and Designations of Origin
  • The Law No. 4798 on the Creation of the National Directorate of Intellectual Property
  • The Law No. 1630/2000 on Patents (as amended by Law No. 2593/2005)
  • he Law No. 2.593/2005 on Repeal of Article 75 and Amendments to Various Articles of Law No. 1.630 on
  • Patents, and on Repeal of Article 184 of Criminal Code (Law No. 1.160/97)
  • The Law No. 385/1994 on Seeds and Protection of Plant Varieties (as amended by Law No. 2459)
  • The Law No. 2.047/2002 amending Article 90 of Law No. 1.630/2000 on Patents and bringing it into
  • conformity with Article 65 of the TRIPS Agreement of the Uruguay Round of the GATT
  • The Law No. 1294/1998 on Trademarks
  • The Law No. 1328/1998 on Copyright and Related Rights
  • The Law No. 868/1981 on Industrial Models and Designs
  • The Law No. 3283/07
Copyright, trademarks, industrial designs, patents, trade secrets, and GIs are the different types of IPRs protected by IPR enforcement in Paraguay.
In general, all documents must be notarized and legalized. The power of attorney does not require legalization if it is only for administrative procedures; however, it is required for judicial procedures.
Yes - The limitation period for action for infringement is 02 years after the owner has been reliably informed of the infringement or 04 years after the latest infringement was committed.
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
Other civil remedies available in Paraguay are as follows:
  • The measures required to prevent the continuation or repetition of the infringement, including the destruction of the products, materials or devices used for this purpose, and a minimum fine of 500 to 2,000 days’ wages to be paid to the Industrial Property Directorate.
Administrative proceedings take 01 year on an average. Civil proceedings take 02 years at first instance and 05 years at second instance. In criminal proceedings, the destruction of seized products occurs within 01 year of seizure. Initially, all the procedures must be completed within 04 years of the first act in the proceedings. This term is suspended when incidents, exceptions, appeals, or other recourses occur. A 01-year extension is available if a conviction is handed down, and the term is suspended if the party subject to a criminal procedure is in default.
No
A) Responsible Authority - Commercial courts, Attorney General’s Office has specialized public prosecutors to handle the IP cases in jurisdictions where most rights’ violations occur, such as Asuncion and Ciudad del Este and criminal courts
B) Imprisonment Term -
C) Monetary Fine - Trademarks: A fine of 1,000 to 3,000 days’ wages
Other criminal remedies available in Paraguay include the following;
  • Measures are required to prevent the continuation or repetition of the infringement, including the destruction of products, materials, or means used to commit the infringement, and the imposition of a fine equivalent to the value of 500 to 2,000 times the average daily wage, to be paid to the Industrial Property Office.
Yes
Yes