PARAGUAY LAW AND PRACTICE Contributed by: Manuel Arias, Carla Sosa, Martin Carlevaro, Milena Sljivich, Alexander Berkemeyer and Antonio Villa Berkemeyer, BKM - Berkemeyer
Trade Marks Paraguay’s Trademark Law (Law 1.294/98) governs trade marks, which are valid for ten years and can be renewed indefinitely. The registration process includes filing, examination, publication, opposition and regis - tration. However, examiners are stringent about non- traditional trade marks and those not listed in the Nice Classification. Trade mark owners can record their marks with customs in order to monitor imports. To enforce trade mark rights, owners can pursue civil and criminal actions. Remedies for infringement may include cease-and-desist orders, damages, the sei - zure of infringing goods, and import and export pro - hibitions. Administrative proceedings, oppositions, cancellations and nullity actions are also available to address disputes and maintain trade mark integrity. Patents The Patent Law (Law 1.630/00) protects inventions and utility models, excluding simple discoveries, aesthetic creations and certain methods. The patent term is 20 years, with annual maintenance fees. The application process involves filing, examination, pub - lication, opposition and issuance, typically taking five to six years. Enforcement includes civil actions and precautionary measures like cease-and-desist orders. Industrial Designs Law 868/81 protects new and original industrial designs, excluding those serving solely technical functions. The registration process takes about two years including filing, examination, publication, oppo - sition and registration, with protection lasting five years, and this can be renewed twice. Enforcement options include civil actions and criminal complaints. Copyright Copyright law in Paraguay protects original literary, artistic and intellectual works, including software, for 70 years after the author’s death. Registration is not mandatory but serves as evidence of ownership. Enforcement includes civil actions and criminal penal - ties for severe infringements. Additional Protections Software and databases are protected under the Copyright Law.
In terms of undisclosed information, Law 3283/07 pro - tects industrial and trade secrets. Law 385/94 and Law 995/96 protect new plant varie - ties, requiring applications to the Ministry of Agricul - ture. No specific IP protection exists for AI-generated works in Paraguay. 11.3 Data Protection and Privacy Considerations Under the Paraguayan Constitution, the right to pri - vacy and the integrity of records has been specifically protected. Paraguay also enacted a specific data pro - tection and privacy regime through Law 6534/20 on the Protection of Personal Credit Data, which aims to safeguard the personal credit data of individuals, regardless of their nationality, residence or domicile. It regulates the collection, access and treatment of credit information, ensuring the protection of funda - mental rights, privacy, informational self-determina - tion, freedom, security and fair treatment. The law is mandatory for the treatment of personal data in public or private records collected or stored within Paraguay. It applies to data in physical, elec - tronic or digital formats, managed through manual, automated or partially automated mechanisms. The law does not explicitly mention extraterritorial scope, meaning it primarily governs data within the national territory. However, foreign investors operating within Paraguay must comply with these regulations. The law grants individuals the right to access, rectify, cancel and oppose the use of their data. It also man - dates that data must be accurate, complete and up to date. Entities handling data must implement technical and organisational measures to ensure data security and confidentiality. The Paraguayan Congress is currently reviewing a specific bill that will further regulate the treatment of data in general.
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