APPENDIX TABLESWT/TPR/S/111 Trade Policy Review
Page 104
Table AI.1
El Salvador:  exports by product
Description 1995 1996 1997 1998 1999 2000 2001
Total exports (US$ million) 985 1,024 1,354 1,257 1,164 1,341 1,214
Memo:  Maquila exports are not included in total exports nor
used for the breakdown below 647 764 1,055 1,185 1,333 1,609 1,652
(%)
Total primary products 61.2 58.8 61.1 53.4 49.9 50.3 44.1
Agriculture 58.3 53.3 56.0 47.3 42.7 43.0 35.6
Food 57.1 52.4 55.1 46.6 42.1 42.4 34.9
0711 Coffee, not roasted 37.6 33.1 38.1 25.6 21.0 22.2 9.5
0611 Sugars, beet or cane, raw 3.7 3.1 3.9 5.1 3.2 3.0 5.8
0989 Food preparations, n.e.s. 0.3 2.2 1.9 2.4 2.8 2.4 2.9
0622 Sugar confectionery 0.7 0.7 0.5 0.6 0.7 1.9 2.3
1110 Non-alcoholic beverages, n.e.s. 0.5 0.8 0.8 1.2 1.4 1.4 1.7
0361 Crustaceans, frozen 2.6 3.8 2.1 2.5 2.2 1.3 1.6
Agricultural raw materials 1.2 0.9 0.8 0.7 0.6 0.6 0.8
Mining 2.9 5.4 5.2 6.1 7.2 7.4 8.5
Ores and other minerals 0.1 0.2 0.2 0.2 0.2 0.3 0.3
Non-ferrous metals 2.7 2.0 1.7 2.1 2.3 2.1 2.3
6842 Aluminum and aluminum alloys, worked 2.7 2.0 1.6 2.1 2.2 2.0 2.2
Fuels 0.1 3.2 3.3 3.8 4.7 4.9 5.9
3344 Fuel oils, n.e.s. 0.0 1.2 1.7 1.5 2.1 2.8 3.7
3345 Lubricants 0.0 1.1 1.0 1.2 1.4 1.4 1.7
Manufactures 38.8 41.1 38.8 46.5 50.0 48.4 54.8
Iron and steel 1.6 2.1 1.9 2.7 2.9 3.4 3.9
6734 Cold-reduced, flat-rolled steel products 0.6 0.6 0.5 0.8 1.1 1.6 2.1
Chemicals 11.5 14.0 12.5 14.4 14.7 13.0 14.7
5429 Medicaments, n.e.s. 1.8 2.4 1.8 2.1 2.4 2.9 3.1
5541 Soap 1.3 1.7 1.4 1.8 2.0 1.8 1.9
5542 Detergents, other than soap 1.3 1.6 1.7 1.9 1.8 1.3 1.7
Other semi-manufactures 8.2 7.7 7.3 7.9 9.7 9.6 11.4
6421 Containers, etc. of paper 2.6 1.9 1.6 2.2 2.5 2.5 3.1
6424 Paper and paperboard, cut to size or shape, n.e.s. 0.9 1.0 0.7 0.7 1.1 1.5 2.1
Machinery and transport equipment 2.8 3.4 3.7 4.0 3.5 3.9 4.9
Power-generating machines 0.0 0.0 0.0 0.0 0.0 0.1 0.6
Other non-electrical machinery 0.5 0.5 0.7 0.8 0.7 1.0 1.1
Agricultural machinery and tractors 0.1 0.1 0.1 0.0 0.1 0.1 0.0
Office machines and telecommunication equipment 0.0 0.0 0.1 0.2 0.3 0.6 0.9
Other electrical machinery 2.2 2.8 2.8 2.9 2.4 2.2 2.0
Automotive products 0.0 0.0 0.0 0.0 0.0 0.1 0.2
Other transport equipment 0.0 0.0 0.0 0.0 0.0 0.0 0.1
Textiles 6.6 6.6 6.2 7.2 6.9 5.9 5.9
6584 Household linen 1.5 1.7 1.4 1.6 1.8 1.5 1.5
6513 Cotton yarn, other than sewing thread 1.3 1.6 1.4 1.8 1.7 1.1 1.2
Clothing 3.4 2.7 2.9 4.4 5.4 5.5 6.0
8448 Underwear, nightwear, etc. 0.3 0.4 0.3 0.4 0.8 0.9 1.3
Other consumer goods 4.8 4.7 4.2 5.9 6.9 7.1 7.9
8931 Plastic containers, etc. 0.8 0.7 0.5 0.8 1.3 1.2 1.4
8514 Footwear, n.e.s., with uppers of leather 0.6 0.9 0.8 1.0 0.9 1.0 1.2
Other 0.0 0.1 0.1 0.1 0.1 1.2 1.0
Source : UNSTAT Comtrade database.El Salvador WT/TPR/S/111
Page 105
Table AI.2
El Salvador:  imports by product
(US$ million and %)
Description 1995 1996 1997 1998 1999 2000 2001
Total imports 2,628 2,670 2,962 3,108 3,128 3,795 3,866
Memo:  Maquila exports are not included in total exports nor used for the
breakdown below 473 551 764 847 955 1,153 1,161
(%)
Total 100 100 100 100 100 100 100
Total primary products 27.5 33.8 32.4 31.5 33.5 35.1 33.3
Agriculture 16.8 20.1 19.8 19.7 20.8 18.2 19.2
Food 14.8 17.0 16.8 16.5 18.5 16.2 16.7
0989 Food preparations, n.e.s. 1.3 1.2 1.3 1.4 1.5 1.5 1.5
0449 Maize, other, unmilled 1.1 1.3 1.8 1.2 1.7 1.2 1.4
0222 Milk, concentrated, sweetened 1.3 1.3 1.3 1.3 1.4 1.0 1.0
0411 Durum wheat, unmilled 1.2 1.6 1.1 1.2 1.0 0.9 0.9
0813 Oil-cake, oilseed residues 0.6 1.2 1.2 0.9 0.9 0.8 0.9
Agricultural raw materials 2.0 3.1 2.9 3.3 2.3 2.1 2.5
Mining 10.8 13.7 12.7 11.8 12.6 16.8 14.0
Ores and other minerals 0.4 0.7 0.4 0.4 0.3 0.3 0.3
Non-ferrous metals 1.2 0.9 1.0 1.0 0.8 0.9 0.8
Fuels 9.2 12.1 11.3 10.3 11.5 15.7 13.0
3330 Crude petroleum 3.6 4.6 4.0 2.8 3.7 5.5 4.4
3344 Fuel oils, n.e.s. 3.5 4.3 4.2 3.9 3.2 4.5 4.1
3341 Motor gasoline and other light oils 0.7 1.5 1.3 1.8 1.9 1.9 1.6
3421 Propane, liquefied 0.1 0.2 0.3 0.4 0.8 0.6 0.8
Manufactures 72.2 66.1 67.3 68.4 66.4 64.7 66.5
Iron and steel 2.9 3.4 3.7 4.3 3.3 2.9 4.6
6741  Flat-rolled iron or zinc plate 0.5 0.5 0.5 0.5 0.5 0.4 1.1
6732 Flat- and hot-rolled iron products 0.1 0.3 0.4 0.8 0.6 0.8 0.8
Chemicals 17.2 17.4 17.3 15.6 14.6 14.9 15.6
5429 Medicaments, n.e.s. 2.7 2.9 2.8 2.2 2.4 3.1 3.0
5822 Other types of plate, sheet, etc. 0.5 0.5 0.6 0.9 0.8 0.6 0.9
5711 Polyethylene 0.7 0.7 0.8 0.8 0.8 0.7 0.8
Other semi-manufactures 11.9 9.9 9.8 10.5 10.6 9.2 10.1
6414 Kraft paper and paperboard, uncoated 1.1 0.6 0.5 0.6 0.7 0.7 0.9
Machinery and transport equipment 30.1 26.3 26.5 27.5 27.7 26.5 24.5
Power-generating machines 0.8 1.6 0.8 1.7 0.6 2.3 1.2
Other non-electrical machinery 7.9 6.9 8.8 8.8 7.3 5.4 7.0
7243 Sewing machine parts 0.8 0.4 0.7 0.7 0.6 0.6 0.8
Office machines and telecommunications equipment 5.0 4.8 4.9 4.8 7.8 8.6 6.4
7641 Line telephone etc. equipment 1.0 0.7 0.5 1.1 3.0 3.2 2.0
7599 Parts, data processing etc. machines 0.9 0.9 1.4 1.1 1.1 1.3 1.1
Other electrical machinery 3.2 3.2 3.0 2.8 2.8 3.3 3.0
Automotive products 12.2 8.7 7.8 8.2 8.3 6.1 6.0
7812 Passenger transport vehicles 4.6 3.0 2.6 3.0 3.0 2.2 2.2
7821 Goods vehicles 4.6 3.3 2.9 3.0 3.4 2.2 2.0
Other transport equipment 1.0 1.0 1.2 1.2 0.9 0.9 0.8
Textiles 2.2 1.7 2.2 2.4 1.9 2.5 2.7
Clothing 1.1 0.9 1.0 1.1 1.1 1.2 1.5
Other consumer goods 6.8 6.5 6.8 7.1 7.2 7.6 7.6
Other 0.2 0.1 0.3 0.1 0.1 0.2 0.3
Source : UNSTAT Comtrade database.WT/TPR/S/111 Trade Policy Review
Page 106
Table AI.3
El Salvador:  exports by country
Country 1995 1996 1997 1998 1999 2000 2001
Total exports 985 1,024 1,354.9 1,257 1,164 1,341 1,214
Memo:  Maquila exports are not included in total exports nor used for the
breakdown below 647 764 1,055 1,185 1,333 1,609 1,652
(%)
America 66.7 70.7 68.3 77.7 83.4 85.8 88.5
United States 17.5 19.3 19.2 21.5 21.3 24.1 18.7
Canada 1.5 0.5 0.8 0.4 0.8 0.5 0.4
Other America 47.6 50.9 48.3 55.8 61.3 61.2 69.4
Guatemala 20.7 20.6 19.5 22.5 23.4 24.0 26.6
Honduras 7.1 9.5 10.0 11.8 14.7 16.8 15.2
Nicaragua 6.5 5.2 4.8 6.0 7.8 8.0 9.9
Costa Rica 7.9 9.1 8.2 8.8 7.9 6.4 7.8
Panama 1.7 2.4 1.8 1.9 3.0 2.9 4.0
Mexico 0.8 1.2 1.3 1.4 1.2 0.8 2.0
Dominican Republic 0.7 0.8 0.8 1.1 1.2 0.9 1.0
Belize 0.2 0.3 0.2 0.3 0.4 0.4 0.6
Venezuela 1.1 0.5 0.2 0.2 0.1 0.1 0.5
Brazil 0.0 0.0 0.0 0.0 0.0 0.0 0.5
Jamaica 0.0 0.0 0.1 0.3 0.1 0.1 0.3
Chile 0.1 0.0 0.3 0.1 0.5 0.1 0.2
Europe 31.2 27.9 29.6 21.0 15.5 12.6 10.6
EU (15) 30.9 27.9 29.6 18.3 14.2 11.3 6.6
Germany 14.5 15.5 17.5 11.1 9.0 7.0 4.0
France 1.2 0.5 1.2 1.1 1.0 0.9 0.8
United Kingdom 0.5 1.0 2.2 1.5 1.2 1.1 0.5
Belgium 0.0 0.0 0.0 0.0 1.6 1.0 0.4
Spain 0.9 0.6 0.6 0.1 0.2 0.5 0.3
Italy 0.6 0.7 0.7 0.5 0.3 0.3 0.2
EFTA 0.2 0.0 0.1 0.0 0.0 0.0 0.0
Eastern Europe 0.0 0.0 0.0 2.6 1.2 1.3 4.0
Former USSR 0.0 0.0 0.0 2.1 1.0 1.3 4.0
Russian Federation 0.0 0.0 0.0 1.8 1.0 1.3 4.0
Other Europe 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Asia 2.1 1.4 1.5 1.2 0.8 0.9 0.7
Middle East 0.0 0.0 0.0 0.0 0.0 0.0 0.0
East Asia 2.1 1.3 1.2 1.2 0.8 0.8 0.7
Japan 1.5 1.0 1.0 1.0 0.7 0.7 0.5
South Asia 0.0 0.0 0.3 0.0 0.0 0.0 0.0
Oceania 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Africa 0.0 0.0 0.5 0.0 0.2 0.7 0.0
Sub-Saharan Africa 0.0 0.0 0.3 0.0 0.0 0.0 0.0
Other Africa 0.0 0.0 0.2 0.0 0.2 0.6 0.0
Other 0.0 0.0 0.0 0.1 0.0 0.0 0.1
Source : UNSTAT Comtrade database.El Salvador WT/TPR/S/111
Page 107
Table AI.4
El Salvador:  imports by country
Country 1995 1996 1997 1998 1999 2000 2001
Total imports 2,628 2,670 294 3,108.0 3,128 3,795 3,866
Memo:  Maquila exports are not included in total exports nor used for
the breakdown below 473 551 764 847 955 1,153 1.161
(%)
World 100 100 100 100 100 100 100
America 78.1 80.9 81.1 79.0 81.5 81.4 80.1
United States 44.2 40.0 41.4 38.5 37.5 34.8 34.3
Canada 0.6 1.0 0.7 0.9 0.9 0.9 1.0
Other America 33.3 39.9 39.0 39.6 43.1 45.7 44.8
Guatemala 10.8 10.5 10.9 11.2 11.8 12.9 11.3
Mexico 5.7 6.5 7.9 7.7 8.5 6.7 8.1
Costa Rica 3.5 3.8 3.9 3.7 3.7 3.8 4.2
Panama 2.4 6.6 2.2 3.4 3.1 3.4 3.5
Honduras 2.3 2.6 2.9 2.8 2.8 3.2 3.5
Ecuador 0.2 1.1 2.7 2.8 2.7 4.0 3.3
Nicaragua 1.3 2.0 1.7 1.6 2.1 1.8 2.3
Venezuela 2.9 2.2 2.1 1.3 1.4 1.7 2.1
Aruba 0.0 0.0 0.2 0.0 0.3 0.0 1.6
Brazil 1.2 1.1 0.8 0.8 1.1 1.1 1.3
Netherlands Antilles 0.9 1.1 0.7 1.2 1.7 4.6 1.1
Colombia 0.9 0.7 1.4 1.1 1.2 0.7 0.9
Europe 10.2 11.0 10.6 11.3 9.4 10.6 11.0
EU (15) 9.3 9.6 8.9 9.3 7.9 8.9 8.7
Germany 3.5 3.6 3.2 2.9 2.4 2.0 2.3
Spain 1.2 0.9 1.3 1.6 1.2 1.5 1.4
Italy 1.1 1.2 1.1 1.0 0.9 0.9 1.1
EFTA 0.5 0.4 0.7 0.5 0.3 0.5 0.7
Eastern Europe 0.3 0.9 1.0 1.4 1.1 1.2 1.6
Former USSR 0.1 0.8 0.8 1.4 0.9 1.1 1.4
Russian Federation 0.1 0.8 0.7 1.0 0.8 1.0 1.3
Other Europe 0.0 0.0 0.0 0.0 0.0 0.1 0.1
Asia 8.7 7.5 6.2 9.0 8.5 7.4 8.1
Middle East 0.1 0.0 0.1 0.1 0.1 0.2 0.1
East Asia 8.6 7.4 6.1 8.8 8.3 7.1 7.9
Japan 5.1 4.3 3.1 4.7 4.0 3.2 3.2
China 0.4 0.3 0.5 1.7 0.6 1.7 1.3
Korea, Rep. of 1.1 0.9 0.9 0.9 1.1 1.0 1.1
Chinese Taipei 1.1 0.9 0.9 0.3 1.3 0.1 1.0
South Asia 0.1 0.1 0.1 0.1 0.1 0.1 0.1
Oceania 0.3 0.5 0.4 0.4 0.5 0.4 0.6
Africa 0.2 0.0 0.0 0.2 0.1 0.1 0.1
Sub-Saharan Africa 0.0 0.0 0.0 0.1 0.0 0.0 0.0
Other Africa 0.2 0.0 0.0 0.1 0.1 0.1 0.1
Other 2.4 0.0 1.5 0.0 0.0 0.1 0.2
Source: UNSTAT Comtrade database.WT/TPR/S/111 Trade Policy Review
Page 108
Table AIII.1
Participation of El Salvador in international IPR agreements
Agreement, convention or treaty (latest Act to which El Salvador is a party) Date on which El Salvador
became a party
Berne Convention for the Protection of Literary and Artistic Works (Paris) February 1994
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by
SatelliteNot a member
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes
of Patent ProcedureNot a member
Convention Establishing the World Intellectual Property Organization September 1979
Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized
Duplication of Their PhonogramsFebruary 1979
Hague Agreement Concerning the International Deposit of Industrial Designs Not a member
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration Not a member
Locarno Agreement Establishing an International Classification for Industrial Designs Not a member
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods Not a member
Madrid Agreement Concerning the International Registration of Marks Not a member
Nairobi Treaty on the Protection of the Olympic Symbol October 1984
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes
of the Registration of MarksNot a member
Paris Convention for the Protection of Industrial Property (Stockholm) February 1994
Patent Cooperation Treaty Not a member
Rome Convention for the Protection of Perfor mers, Producers of Phonograms and Broadcasting
OrganisationsJune 1979
Strasbourg Agreement Concerning the International Patent Classification Not a member
Trademark Law Treaty Not a member
Treaty on the International Registration of Audiovisual Works October 1984
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks Not a member
International Convention for the Protection of New Varieties of Plants Not a member
Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs
(not yet in force)Not a member
Patent Law Treaty (not yet in force) Not a member
WIPO Copyright Treaty (not yet in force) March 2002
WIPO Performances and Phonograms Treaty (not yet in force) May 2002
Source: WTO Secretariat, based on WIPO information (available at:  http://www.wipo.int/treaties/general/parties.html#1)El Salvador WT/TPR/S/111
Page 109
Table AIII.2
El Salvador's IPR enforcement regime
Civil and administrative procedures
Jurisdiction over cases For civil procedures, commercial courts.
For administrative procedures, the Intellectual Property Office of the National Registration Centre.
Persons with standing to
assert rightsFor civil procedures, right holders and licensees and their representatives, as well as collective
management entities.
For administrative procedures, right holders and their representatives, collective management entities
and their representatives, users of the works and any person claiming to have a legitimate interest.
Collection of evidence The obligation to produce evidence lies with the complainant. Before an action can be brought, the Law
requires the display before the court of objects constituting evidence.
The administrative authorities have no authority to order, at the request of an opposing party, a party to a
proceeding to produce evidence which lies within its control.
Identification andprotection of confidential
informationThe courts, judges and secretaries may not disseminate documents presented during the proceedings,
except under signed authorization by the party and subject to a court order.
Information on third parties The judge, as soon as the case is brought to trial at first instance, may order a party, at the req uest of the
other party, to answer interrogatories, in which case the third parties involved in the infringement of the
rights in question must be identified, together with the channels of distribution used.
Specifically with regard to marks and other distinctive signs, the judicial court has the power to order the
infringer to provide any information in his possession concerning persons involved in the production ormarketing of the infringing goods or services and their channels of distribution (Article 90 of the
Trademarks Law).
The administrative authorities do not have such authority.
Indemnification of
defendants wrongfully
enjoinedAny complainant who is unable to prove his case at first instance or who abandons his action shall be
ordered to pay the costs and any party who not only fails to prove his case or substantiate his claim, but in
fact acted with intent or is unfit, shall also be ordered to pay damages.
Persons requesting prudential measures in connection with copyright infringements must file the
corresponding complaint within eight days, failing which they shall be liable for damages.
The application of immediate precautionary measures is provided for in cases of infringement of
industrial property rights, with the possibility of making such measures contingent on the provision of a
sufficient security. It is also stipulated that if the action for infringement is not brought within ten
working days following the imposition of the measure, the measure shall cease to have effect and the
complainant shall be liable for damages.
The judge has the authority to order the payment of a security for potential damages resulting from the
display in court of the goods proving unfair competition, in particular in cases of misuse of distinctive
commercial signs.
Available remedies For copyright and neighbouring rights: preventive seizure of the liquid revenue obtained through the
unlawful use; preventive seizure of unlawfully reproduced copies; suspension of the unauthorized
reproduction, communication or distribution activities, as appropriate; and prohibition of the import or
export of unlawfully reproduced copies by order to the Directorate-General of Customs Revenue.
For patents, utility models and industrial designs: as a precautionary measure, immediate cessation of the
infringing acts; preventive seizure, withholding or deposit of infringing goods and the means used
predominantly to commit the infringement.
For distinctive commercial signs, indications of source and appellations of origin: seizure of the
infringing goods, including packaging, wrapping, labelling, printed or advertising materials or other
materials resulting from the infringement, and the means that served principally to commit the
infringement; prohibition of the import of the goods, materials or means in question; attribution ofownership of the goods, materials or means in question, in which case the value of the goods shall be
deducted from the amount of the damages; such measures as are required to prevent the repetition of the
infringement; cessation of the infringing acts; compensation for damages; and publication of the sentenceand notification thereof to interested persons at the cost of the infringer (Article 90 of the Trademarks
Law).
Criminal procedures
Jurisdiction over cases Criminal courts and judges.
IPRs for which procedures
are availableViolation and aggravated violation of copyright; violation of the privileges of invention; violation of
distinctive commercial signs; breach of trust; exposure or disclosure of an industrial secret.
Authorities responsible for
initiating proceedingsAttorney-General of the Republic.WT/TPR/S/111 Trade Policy Review
Page 110
Civil and administrative procedures
Standing of private persons
to initiate proceedingsThere is a public right of penal action for offences against intellectual and industrial property upon
request by a private person; in this respect, such offences shall only be prosecutable as criminal offences
on application by the victim or, in case of incapacity, by the victim's legal representative or guardian.
Available remedies In general, violation of intellectual property rights may be penalized with prison sentences of between
one and three years. Sentences for aggravated violation of copyright and neighbouring rights can range
from three to five years. Sentences in cases of breach of trust or exposure or disclosure of an industrial
secret are of between six months and two years.
Provisional measures
Prior hearing of the othersideSuch prudential measures as are necessary for the urgent protection of rights, to be imposed without
notice to the infringer. The judge may order, with immediate effect, such precautionary measures as are
necessary to ensure the effectiveness of the infringement proceedings or the recovery of damages. It is
not necessary to name the person in respect of whom attachment is requested to order such a measure.
Initiation, ordering, andmaintenance of measuresAny right holder who considers that his right has been violated may ask the judge to order such
prudential measures as are necessary to protect that right.
Available remedies For copyright and neighbouring rights: preventive seizure of the liquid revenue obtained through the
unlawful use; preventive seizure of unlawfully reproduced copies; suspension of the unauthorizedreproduction, communication or distribution activities, as appropriate; and prohibition of the import or
export of unlawfully reproduced copies by order to the Directorate-General of Customs Revenue.
For patents, utility models and industrial designs: immediate cessation of the infringing acts; preventive
seizure, withholding or deposit of infringing goods and the means used predominantly to commit the
infringement.
For distinctive commercial signs: prohibition of the import of merchandise as long as it displays a
misused mark; prohibition of the import of merchandise as long as it displays a misused advertising
slogan or sign; prudential court orders, including the preventive seizure or confiscation of the
merchandise in question.
For indications of source and appellations of origin: prudential court orders, including the preventive
seizure or confiscation of the merchandise in question.
Border measures
Suspension of release into
free circulationThe intellectual property right holder may ask the judge to prohibit the import of any products which
infringe that right. Such a measure will be ordered by the judge once he has established the ownership of
the right by the complainant and such other circumstances as are provided for in each particular case.
Procedures for suspensionof releaseDirect application to the judge to issue the corresponding judicial order to the Directorate-General of
Customs Revenue, which issues a circular for distribution to all Customs posts in the country instructing
them to restrict the entry of the infringing goods.
Ex officio  actions Customs authorities do not have the authority to act ex officio.
Available remedies Customs authorities do not have the authority to impose border measures on their own initiative and
must act on judicial order. Remedies include: for copyright, prohibition of the import or export of
unlawfully reproduced copies; for patents, utility models and industrial designs, preventive seizure,
detention or deposit of the infringing goods and the means predominantly used to commit theinfringement; for distinctive commercial signs, prohibition of the import of merchandise as long as it
displays a misused mark or advertising slogan or sign; for indications of source and appellations of
origin: prudential court orders, including the preventive seizure or confiscation of the merchandise in
question.
Source : WTO Secretariat, based on WTO document IP/N/6/SLV/1 of 13 June 2000.El Salvador WT/TPR/S/111
Page 111
Table AIII.3
IPR legislation
Statute Date Coverage and remarks
Main dedicated intellectual property laws and regulations
Intellectual Property
Law to Promote and Protect Intellectual
Property RightsLegislative Decree No. 604 of 15 July 1993, published
in Official Journal No. 150, Volume 320, of
16 August 1993Literary, artistic, scientific and
industrial property
Regulations under the Law to Promoteand Protect Intellectual Property RightsExecutive Decree No. 35 of 28 September 1994,
published in Official Journal No. 190, Volume 325,
of 14 October 1994Literary, artistic, scientific and
industrial property
Industrial Property
Law on Trademarks and Other
Distinctive SignsLegislative Decree No. 868 of 6 June 2002, published
in Official Journal No. 125, Volume 356, of
8 July 2002.Marks, trade names, commercial
advertising slogans or signs,emblems, geographical indications
and appellations of origin.
Law to Protect the Emblem of the RedCrossLegislative Decree No. 789 of 26 January 1994,
published in Official Journal No. 56, Volume 322, of
21 March 1994
Decree-Law on the Use andRegistration of Coffee and Balsam
BrandsLegislative Decree No. 48 of 29 May 1934, published
in Official Journal No. 124, Volume 116, of
7 June 1934
Implementing Regulations for the Law
on the Use and Registration of Coffee
and Balsam BrandsExecutive Decree of 14 November 1934, published in
Official Journal No. 258, Volume 117, of
24 November 1934
Decree on Use of the Phrase "Bálsamode El Salvador" as an Appellation of
OriginLegislative Decree No. 162 of 14 December 1935,
published in Official Journal No. 281, Volume 119, of
20 December 1935. This Decree amends LegislativeDecree No. 42 of 30 May 1938, published in Official
Journal No. 116, Volume 142, of 2 June 1938
Decree Prohibiting Unauthorized Use
of the Emblem, Official Seal, Name orInitials of the United Nations
(Organización de las Naciones Unidas -
ONU)Legislative Decree No. 1105 of 14 July 1953, published
in Official Journal No. 138, Volume 160, of
29 July 1953
Copyright
Law on Books Legislative Decree No. 808 of 16 February 1994,
published in Official Journal No. 54, Volume 322, of
17 March 1994
Other Laws and Regulations
1983 Constitution
(Articles 2, 103 and 110.3)Decree No. 38 of 15 December 1983, published in
Official Journal No. 234, Volume 281, of16 December 1983 (entry into force:
24 December 1983)Recognizes and guarantees private
property rights. Recognizes
intellectual and artistic propertyrights for the period of time and in
the form specified by the law.
Commercial Code(Articles 5 and 570-585)Adopted by Legislative Decree No. 671 of 8 May 1970,
published in Official Journal No. 140, Volume 228, of
31 July 1970 (entry into force: 8 August 1970)Regulates distinctive commercial
signs.
Law on Commercial Procedures
(Article 9)Approved by Legislative Decree No. 360 of
14 June 1973, published in Official Journal No. 120,
Volume 239, of 29 June 1973 (entry into force:
7 July 1973)Establishes the procedure for
protection of a registered trademark.
Civil Code
(Article 570)Approved by Legislative Decree No. 7 of 23 August
1859, published in Official Gazette No. 85, Volume 8,
of 14 April 1860 (entry into force: 1 June 1860)Recognizes copyright and industrial
property rights.WT/TPR/S/111 Trade Policy Review
Page 112
Statute Date Coverage and remarks
Criminal Code
(Articles 226, 227, 228, 229, 230 and
231)Adopted by Legislative Decree No., 1030 of
26 April 1997, published in Official Journal No. 105,
Volume 335, of 10 June 1997  (entry into force:
18 June 1997)Establishes the penalties applicable
to intellectual property offences.
Commercial Registry Law Adopted by Legislative Decree No. 271 of 15 February
1973, published in Official Journal No. 44,
Volume 238, of 3 May 1973 (entry into force:
11 May 1973)Regulates the registration of patents
for invention, commercial and
industrial patents, copyright, marks
and trade names.
Regulations to the Commercial
Registry LawApproved by Executive Decree No. 33 of 4 May 1973,
published in Official Journal No. 82, Volume 239, of7 May 1973 (entry into force: 15 May 1973)Regulates the procedures and
requirements for registration of
intellectual property.
Investment Law (Article 3(h)) Adopted by Legislative Decree No. 732 of 14 October
1999, published in Official Journal No. 210,
Volume 345, of 11 November 1999 (entry into force:
19 November 1999)Recognizes intellectual property
rights as assets or investment
resources.
Consumer Protection Law (Article 14) Adopted by Legislative Decree No. 666 of
14 March 1996, published in Official Journal No. 58,
Volume 330, of 22 March 1996 (entry into force:
30 March 1996)Waives the obligation to print the
formula or industrial secret for
product processing on product
containers or packaging.
Regulations on the Central American
origin of merchandise (Article 5)Executive Decision No. 482, Resolution No. 6-92, of
30 June 1992, published in Official Journal No. 123,
Volume 316, of 6 July 1992 (entry into force: 14
July 1992)Regulates appellations of origin
pertaining to Central American
goods.
Source: WTO Secretariat, based on WTO document IP/N/1/SLV/1 of 3 March 2000.
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