Manage your Intellectual Property in Latin America

Should I register my Intellectual Property in Nicaragua to protect it?

Should I register my Intellectual Property in Nicaragua to protect it?

As part of the Berne Convention, Nicaragua does not require any formal registration to provide protection to Copyright works; the work will be automatically protected from the moment of its creation. However, registration may very useful in enforcement actions as a proof of ownership, and of the date of creation or the content of the work itself.

Regarding trademarks, patents, designs and utility models, Nicaraguan Law adopts the first to file principle, what means that exclusive rights are granted to the party that firstly register the relevant IP right in Nicaragua. Therefore, to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.

Nevertheless, in accordance with its the international obligations under the Paris Convention and the TRIPS Agreement, Nicaragua provides a certain degree of protection to unregistered well-known marks. In addition, Nicaraguan Law does not permit the registration of a sign that is the same or similar to another that has been used in good faith within the national territory for the same kind of products or services. Furthermore, in common with Europe, unregistered designs are protected in Nicaragua for a period of three years.

If you want to know more about how to protect your creations, and get tailored advice to your specific case, contact our Helpline. It is free, fast and confidential.

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