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Industrial Property Law (approved by Decree No. 12-99-E), Honduras
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Superseded Text
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Year of Version
2000
Dates
Published:
January 29, 2000
Promulgated:
December 30, 1999
Type of Text
Main IP Laws
Subject Matter
Patents (Inventions),
Utility Models,
Industrial Designs,
Trademarks,
Geographical Indications,
Trade Names,
Undisclosed Information (Trade Secrets)
Subject Matter (secondary)
Transfer of Technology,
Enforcement of IP and Related Laws,
IP Regulatory Body,
Competition
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
Main text(s)
Main text(s)
Spanish
Ley de Propiedad Industrial (aprobada por Decreto N° 12-99-E)
PDF
Legislation
Is superseded by (1 text(s))
Is superseded by (1 text(s))
Treaties
WTO Document Reference
IP/N/1/HND/I/1
WIPO Lex No.
HN002