World Intellectual Property Organization

Honduras

Industrial Property Law (approved by Decree No. 12-99-E)

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Honduras

Year of current version:1999
Date of entry into force of original text:February 28, 2000
Date of Text (Enacted):December 30, 1999
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Competition, Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Geographical Indications, Industrial Designs, Patents (Inventions), Plant Variety Protection, Trade Names, Trademarks, Transfer of Technology, Undisclosed Information (Trade Secrets), Utility Models
Notes:
The notification by Honduras to the WTO under article 63.2 of TRIPS states:
'The Industrial Property Law contains 183 articles. The Law sets out provisions on the following matters:
- Trademarks or collective marks (the Law simply calls them 'Marks'.) : Chapter II , Art. 80-109 and Chapter III , Art. 110-117. The Law contains general provisions and basic principles on marks, including provisions concerning examination of substance and form and registration of marks, termination of registration, transfer and granting of licences and legal protection.
- Geographical indications : Chapter V, Art. 123-125.
A geographical indication may be registered as mark, provided it does not mislead or deceive the consumer as to the origin, source, characteristics or qualities of the product or service.
- Appellations of origin: Chapter V, Art. 126-133.
The Law contains provisions on the registration of national appellations of origin at the request of one or more producers, manufacturers or craftsmen with production in an area of a country, and foreign producers, manufacturers or craftsmen where provided for in an agreement or treaty to which Honduras is party or where the foreign country grants reciprocal treatment to Honduran nationals and residents of Honduras.
- Industrial designs and models: Art. 23-24.
The Law contains general provisions and basic principles on utility models and industrial designs, including provisions on examination of substance and form and registration, termination of registration, transfer and granting of licences and legal protection.
- Protection for inventions and patents: Art. 4-22 of the Industrial Property Law.
The Law contains general provisions and basic principles on patents, including provisions on applications and examination of patents, licences and transfer and termination of the patent.
- Protection of undisclosed information (industrial secrets): Art. 73-78 and 170-173 contain provisions on the protection of confidential information, or industrial secrets.
- Prevention of the abuse of intellectual property rights:
Art. 158-168 set out procedures on infringements of industrial property rights, including fines, without prejudice to penalties established in the Criminal Code.
Under Art. 163(4), it is prohibited to import or export products, materials or means used to commit the infringement.
Art. 165 specifies that a request for provisional measures may be initiated for infringement of rights; such provisions are also contained in the Civil Code and the Code of Civil Procedure.
The Law also includes the remedies of reconsideration, objection, revocation, appeal and civil action. Furthermore, the Law also contains limitations, exceptions, rights and obligations. Art. 174 contains provisions on payment of taxes, surcharges and annual payments. »
Available Texts: 
Spanish

Decreto N° 12-99-E, Ley de Propiedad Industrial Decreto N° 12-99-E, Ley de Propiedad Industrial, Complete document (pdf) [4623 KB] Decreto N° 12-99-E, Ley de Propiedad Industrial, Complete document (htm) [821 KB] (Version with Automatic Translation Tool)

Related Treaties:
WIPO Lex No.:HN002

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