PANAMA Law and Practice Contributed by: Rafael Rivera, Malvis Mina, Nicole Pérez and Carolina Lino, BDO Panama
7.4 Copyright Copyright law is primarily focused on works of a literary, scientific or artistic nature. It is a declarative process rather than a constitutive one, meaning that rights arise from the creation of the work itself and not from its registration. The duration of copyright protection depends on the type of work; however, as a general rule, it is recognised for the lifetime of the author and for 70 years following their death. All remedies in Panama are resolved in the judi - cial branch in the Commerce and Competence Courts. Cease and desist letters are commonly used but not recognised by law. Copyright own - ers are permitted to start infringement proceed - ings in the civil and criminal branch. Data protection is regulated under Law 81 of 2019, which is further regulated by the Execu - tive Decree 285 of 2021. Data privacy laws in Panama describe data as any source of informa - tion that identifies or makes identifiable a natural person. The scope of application applies either to public and private entities, whether they are lucrative or not, as well as any other person involved in data treatment. Scope of Application of the Data Privacy Law The Data Privacy Law applies to all databases domiciled in the Republic of Panama, as well as to any processing activities carried out by data controllers domiciled in Panama. The Law establishes the guiding principles, data subject rights, lawful bases for processing, rules on data transfers, and exceptions applicable to the pro - cessing of personal data. 8. Data Protection 8.1 Applicable Regulations
owners are able to start procedures such as infringement procedures, cancellation actions for non-use and nullity procedures. Also, non- authorised use of a trade mark and/or copying constitute a crime under the Criminal Code, which could be subject to prosecution. 7.3 Industrial Design In Panama, industrial designs and models are recognised and protected under the Industrial Property Law. These two categories differ primarily in their dimensional characteristics. Both are eligible for legal protection provided they meet the statutory requirements. An industrial model refers to any three-dimen- sional form that serves as a prototype or pattern for the manufacture of an industrial product, giv - ing it a distinctive appearance. Meanwhile, an industrial design, on the other hand, consists of any combination of figures, lines or colours incorporated into an industrial product for orna - mental purposes. To qualify for protection, both must meet the criteria of novelty and industrial applicability. If these conditions are met and the design or model has been disclosed without prior regis - tration, it will be granted a protection period of three years from the date of its first disclosure in Panama, what is known as unregistered indus - trial designs. Additionally, protection may be obtained through formal registration, which grants exclusive rights for a period of ten years from the filing date in Panama. Upon request by the rights holder, this term may be renewed for an additional five years.
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