Paraguay

Five counterfeit hotspots that you should know in Paraguay

In the next instalment of our series on physical marketplaces around the world that reportedly have a counterfeit goods problem, we head to Paraguay.

Five counterfeit hotspots that you should know in Paraguay
“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded
18 Jul 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of.

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4 Aug 2020

German steel company’s subsidiary successfully defends its rights in BAUKUS mark

Waelzholz Brasmetal, the Brazilian subsidiary of German steel company Wälzholz, has successfully expanded the protection of its BAUKUS mark in Paraguay. Standing in its way was a registration for an identical trademark covering identical products. Read more

24 Apr 2020

PRONOVIAS recognised as well-known and distinctive trademark

The General Directorate of Industrial Property of Paraguay has annulled a decision of the Trademark Office refusing to register the trademark PRONOVIAS (meaning ‘for brides’) in Class 25 on the grounds that it was generic and descriptive. Read more

2 Jan 2020

Twenty counterfeiting hotspots to be aware of in Latin America

Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners. Read more

25 Nov 2019

SoulCycle obtains registration of SOUL mark on appeal

The general director of the Industrial Property Office has reversed a decision of the Trademark Office refusing to register SoulCycle’s trademark SOUL in Class 41 based on the earlier figurative trademark SOUL CAFÉ, also in Class 41. Read more

Anti-Counterfeiting

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6 Feb 2008

Customs trademark registration system introduced

The director general of the Paraguayan Customs Authority has announced
the implementation of a procedure for the registration of trademarks and other
IP rights with Customs. Due to the large amount
of applications, the deadline for registration has been extended for an undetermined period of time.

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17 Jun 2005

Congress proposes amendments to controversial trademark bill

In the face of strong criticism, the Paraguayan Congress is continuing
to consider the implementation of a Criminal Trademark Bill aimed at punishing
violations of trademark rights. A committee at the Congress has proposed a number
of amendments, which include a provision that, in certain circumstances, infringing
parties should be barred from any further commercial activity for a certain
period of time.

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Enforcement and Litigation

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24 Jun 2019

Criminal charges for IP violations: specialised prosecutors send clear message to offenders

During the second half of 2018 and the first half of 2019, specialised prosecutors in Paraguay have increased the amount of charges for offences against IP rights, which sends a clear message that such violations have legal consequences. Read more

17 Sep 2008

Amendment to Criminal Code introduced

Law 3440/08, which amends certain provisions of the Paraguayan Criminal Code, was promulgated on July 16 2008. The new law amends Article 184 of the code, which concerns the violation of IP rights. Among other things, the courts will be able to impose a sentence of up to eight years' imprisonment in special circumstances. The law is expected to enter into force in July 2009.

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2 May 2008

Problems of new Customs trademark registration system highlighted

A roundtable entitled "Analysis on the implementation of the new
trademark recordation system with Customs" has highlighted issues linked
to the implementation of Resolution 101, which regulates the procedure for trademark
registration with Customs in Paraguay. The procedure was introduced by Paraguayan
Customs at the beginning of the year.

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7 Apr 2008

Customs trademark registration procedure implemented

Paraguayan Customs has issued Resolution 101, which officially
marks the beginning of the implementation of the procedure for trademark registration
with Customs. Upon the owner's request, the Registration Department of Customs
must register a trademark if it is already registered with the Industrial Property
Office.

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Portfolio Management

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25 Mar 2009

Slogans that do not include trademarks are now registrable

The Trademark Office of Paraguay has started to register slogans that do not include trademarks. If the owner of a well-known trademark applies for the registration of a slogan, the office will usually consider the application favourably on the grounds that the slogan will always be accompanied by the trademark in the media and in trade channels.

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16 Apr 2007

Food standards body and trademarks office linked by new regulation

The Instituto Nacional de Alimentación y Nutrición, a
public entity responsible for granting sanitary registration certificates to
manufacturers of food and beverage products, has enacted a regulation which
establishes that all names of food and beverage products intended to be commercialized
in Paraguay must have been registered as trademarks before the manufacturer
can request a sanitary registration certificate for the product.

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24 Feb 2005

Terms for cancellation actions for non-use clarified

The Supreme Court of Justice has confirmed that, in accordance with
the date of implementation of Paraguay's Trademark Law, October 1 2003 is the
start date from which to calculate the five-year non-use period required to
initiate a trademark cancellation action. This ruling stems from a claim that
the provision that set that date was unconstitutional.

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16 Sep 2003

ASTI heralds new vintage of collective marks

The Trademark Office has granted the first collective trademark registration
since the implementation of the Paraguayan Trademark Law in 1998. It allowed
the Consortium for the Protection of Asti's request to register ASTI as a collective
mark for a type of Italian sparkling wine. The decision looks set to signal
a wave of collective mark registrations.

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Trademark law

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13 May 2003

New use requirement may spur cancellation actions

Paraguay's Trademark Law 1294/98 makes the use of registered trademarks
mandatory. It provides that as of October 1 2003 actions may be brought for
the cancellation of marks that have not been used for five consecutive years.

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