As part of the Berne Convention, Guatemala 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, Guatemala’s 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 Guatemala. 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, Guatemala provides a certain degree of protection to unregistered well-known marks. Furthermore, in common with Europe, unregistered designs are protected in Guatemala 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.