WORLD TRADE
ORGANIZATIONIP/N/6/NIC/1
30 May 2001
(01-2703)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
CHECK-LIST OF ISSUES ON ENFORCEMENT1
Responses from Nicaragua
Civil and administrative procedures and remedies
(a) Civil and judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
- Civil District Courts;
- Appeal Courts;
- Supreme Court of Justice.
These decide complaints relating to infringements or violations of intellectual property
rights.2
This is based on Article 103 of Law 312, Copyright and Neighbouring Rights;  Article 28 of
Law 322, Protection of Programme-Carrying Satellite  Signals;  Article 105 of Law 354, Patents,
Utility Models and Industrial Designs;  Article 96 of Law 380, Trademarks and Other Distinctive
Signs3;  Article 24 of Law 324, Protection of Lay-out De signs of Integrated Circuits;  Article 79 of
Law 318, Protection of New Plant Varieties;  and Ar ticle 67 of the Central American Convention for
the Protection of Industrial Property (1968).4
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
Standing5
- Right holder;
- co-holders;
- exclusive licensees;- collective management bodies in the field of copyright and neighbouring rights.
                                                     
1 Document IP/C/5.
2 Articles 3 and 20 of Law 260, Law on the Administration of Justice.
3 This legislation will enter into force on 17 July 2001.
4 In the process of being denounced.
5 Article 24 of Law 324, Lay-out Designs;  Articles 105 and 108 of Law 354, Patents;  Article 97 of
Law 380, Trademarks and Other Distinctive Signs;  Article 97 of Law 312, Copyright and Neighbouring Rights;Article 29 of Law 322, Protection of Programme-Carrying Satellite Signals;  and Articles 3 and 9 of the
Regulations of Law 318, Protection of New Plant Varieties.IP/N/6/NIC/1
Page 2
Representation
The above-mentioned persons may be represented by attorneys or agents, provided they are
lawyers.
Appearance
The person concerned is not obliged to appear personally in court and may be represented by
a lawyer.  The only case in which a personal appearance is mandatory is for discovery purposes
(answering interrogatories), at the request of the other party.6
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
Authority
The competent judicial authorities have the authority to order the production of documents
and moveables within the control of the parties, in accordance with the Code of Civil Procedure.7
4. What means exist to identify and protect confidential information brought forward as
evidence?
Protection of confidential information
In our legislation this type of information is protected by keeping it secret, outside the
proceedings.  Similarly, the evidence must remain under the responsibility of the judge.8
Moreover, the special intellectual property laws stipulate that the judicial authorities may do
whatever is necessary to protect confidential information, where appropriate.
Provisions contained in Law 3549, Patents, Utility Models and Industrial Designs;  Law 38010,
Trademarks and Other Distinctive Signs;  the Regulations of Law 31211, Copyright and Neighbouring
Rights;  and the Regulations of Law 318, Protection of New Plant Varieties.12
5. Describe the remedies that may be ordered by the judicial authorities and criteria,legislative or jurisprudential, for their use:
- Injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
                                                     
6 Article 59.
7 Articles 921 to 930 Pr. and Article 1166 Pr.
8 Article 97 Pr. and 1109 Pr.
9 Article 120 of Law No. 354.
10 Article 150 of Law 380.
11 Articles 37 and 52 of the Regulations of Law 312.
12 Article 40 of Law 318.IP/N/6/NIC/1
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Remedies
- Sequestration;
- preventive seizure;
- disclosure of documents;- inspection of equipment;- other suitable measures to prevent infringement ordered by the court and enforced by
the customs authorities (border measures).
With respect to patents, utility models and industrial designs, the competent judicial authority
may order one or more of the following measures:
13
- Cessation of the acts that constitute the infringement;
- damages;- withdrawal from commercial channels of products resulting from the infringement
and materials and means used predominantly for committing the infringement;
- prohibition of the importation or exportation of products, materials or means;- adjudication of the ownership of the above-mentioned products or materials or
means, in which case the value of such goods shall be included in the damages;
- destruction of the products or materials or means used for committing the
infringement and other measures necessary to prevent the continuation or repetition
of the offence;
- publication of the verdict and notification of interested parties at the infringer's
expense.
The following criteria, among others, are used to calculate the amount of damages:- The profits lost by the right holder as a consequence of the infringement;- the profits earned by the infringer as a result of the infringing acts;- on the basis of the commercial value of the infringed right and such contractual
licences as the right holder may already have granted, the price the infringer wouldhave paid for a contractual licence.
In copyright and neighbouring rights cases
14, measures may be adopted to ensure the
cessation of the unlawful activity and indemnification for moral and material damage.
                                                     
13 Articles 106 and 107 of Law 354, Patents.
14 Articles 97, 98, 99, 100 and 101 of Law 312.IP/N/6/NIC/1
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Cessation of the unlawful activity may include:
- Prohibition from engaging in the acts that constitute such activity;- the withdrawal of unlawful copies from circulation and their destruction;- the seizure of the equipment used and its handing over to Associations of Authors and
Performers.
The moral right of the author is understood to have been infringed by the impairment of any
of the powers it confers and by the violation of any right of exclusive exploitation in the works.  In
both cases, irrespective of material damage, the author is entitled to indemnification for moraldamage, even if there is no proof of the existence of economic injury derived from material damage.
For assessment purposes, the circumstances of the infringement, the seriousness of the injury
and the extent of the unlawful dissemination of the work are taken into account.
In determining the material damage, the following, in particular, are taken into account:
- The profits which the injured party would presumably have earned if there had been
no infringement;
- the remuneration he would have received if he had authorized the use;  and
- in the case of malicious intent on the part of the infringer, any profits he may have
derived from the infringing activity.
The injured party may opt for compensation for infringement of economic rights for injury
calculated in accordance with any of the above rules.  If he opts for more than one, their application
will be equitably adjusted by the court.
Whatever the nature of the damages, the compensation will include the costs of the
proceedings and the fees of any lawyer representing the injured party, in accordance with the
Schedule of Court Charges.
In the case of "programme-carrying signals"
15, without prejudice to any criminal penalties, the
holder, his successor in title or representative may request from the court:
- The cessation of the unlawful activity;- the prohibition of its resumption;- the payment of compensation for damage and injury caused by the infringement of
the right;
- the withdrawal from trade of unlawful copies and their handing over to the holder of
the infringed rights, at his request, or their destruction;
- the rendering useless or disablement of the products resulting from the unlawful act,
the equipment or systems used for comm itting it and the materials used for the
                                                     
15 Article 28 of Law 322, Programme-Carrying Signals and Article 25 of Decree 44-2000, Regulations
of Law 322.IP/N/6/NIC/1
Page 5
infringement, if they cannot be used for lawful purposes, and, if necessary, their
destruction;
- the payment of the costs of the proceedings by the infringer;
- the publication of the judgement in one or more newspapers specified by the court,
without prejudice to its publication in the Official Journal, La Gaceta, all at the
expense of the infringer.
Damages shall be fixed in accordance with the provisions for the determination of material
damages in Law 312, Law on Copyright and Neighbouring Rights.
Law 318, Protection of New Plant Varieties16, refers to the provisions of Law 354, Patents,
Utility Models and Industrial Designs.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the productionand distribution of the goods or services found to be infringing and of their channels of
distribution?
The judicial authorities may order the infringer to provide information he may have
concerning persons who have participated in the production or marketing of the products or processesforming the subject of the infringement and the distribution channels for those products.
17
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Indemnification of defendants wrongfully enjoined
The measure which the judicial authorities apply, whether it be ex officio or at the request of
a party, is to require the plaintiff to provide security sufficient to cover and pay any costs or damages
awarded against him.18
Liability of public officials
Under the Constitution, the State is materially liable for injury to the goods, rights and
interests of individuals resulting from the actions or omissions of public officials in the exercise of
their duties.  The State, in its turn, may sue the of ficial or civil servant responsible for the injury.
Officials and civil servants are personally liable for violations of the Constitution, for lack of
administrative probity and for any other offence or misdemeanour committed in the performance of
their duties.  They are also liable to the State for damage caused by abuse, negligence or omissions in
the exercise of their authority.19
                                                     
16 Article 79 of Law 318, New Plant Varieties.
17 Article 98 of Law 380, Trademarks and Other Distinctive Signs;  Article 106 of Law 354, Patents;
Article 79 of Law 318, New Plant Varieties.
18 Articles 939 Pr. to 948 Pr.;  Article 113(d) of Law 354, Patents;  Article 103(4) of Law 312,
Copyright and Neighbouring Rights;  Article 81(f) and Article 82 of Law 318, New Plant Varieties;  Law 380,Trademarks and Other Distinctive Signs;  Article 34(1) of Law 322, Satellite Signals.
19 Article 131 Cn.IP/N/6/NIC/1
Page 6
With regard to the extent to which public authorities and/or officials are liable, the provisions
of the Law on the Regulation of Courts of Administrative Justice20, which establishes the material
liability of the State and the Government for damage and injury to the goods, rights and interests of
individuals, are applicable.  Moreover, Law 260, Law on the Administration of Justice, establishes the
liability, disciplinary, civil and criminal, of court officials.
The Law regulating the Courts of Administrative Justice includes remedial measures
applicable to public officials which range from warnings to temporary or permanent suspension, as
appropriate, and pecuniary penalties, without pr ejudice to the provisions of the criminal law.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Length and cost of proceedings
The Nicaraguan legislation provides for ordinary proceedings21, which consist of the
following:  six days to contest the injunction after notification;  20 days for the taking of evidence, ifthe evidence has to be produced in the place where the proceedings are being held, otherwise the
period may be increased but not by more than half the original period specified by law;  15 days after
completion of the formalities for delivering a final judgement.
There are also the summary proceedings referred to in Law 312, Law on Copyright and
Neighbouring Rights.  In this case the court may be requested to conduct the proceedings on the
merits in accordance with the summary civil procedure
22, which should not take more than 14 days in
first instance.
The civil proceedings applicable to acts of infringement and acts of unfair competition last
approximately two (2) months.
In Nicaragua, the administration of justice is free of charge.23  Some costs for the provision of
court services are regulated by the Schedule of Court Charges.  Costs may also be incurred for the
service of notice.  As far as lawyers' fees are concerned, they are agreed between the parties (clients
and lawyers) or the Schedule of Court Charges is applied.  The approximate costs are usually
US$3,000 to US$6,000 at first instance,  US$2,000 on appeal, and US$3,000 in cassation.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Competent authorities in the field of intellectual property
Under Nicaragua's legal system, the administrative authorities are not competent to enforce
compliance.  This is a matter exclusively for the courts.
                                                     
20 Article 15(2) and Article 94(3) of Law 350, Administrative Justice.
21 Article 5 Pr., 6 Pr., 934 Pr., 165 Pr., 416 Pr., 1038 Pr., and 1090 Pr.
22 Article 105 of Law 312, Copyright.
23 Article 165 Cn.IP/N/6/NIC/1
Page 7
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Industrial property
In accordance with the Law on Patents24, the following provisional measures may, among
others, be ordered:25
- Immediate cessation of the acts that constitute the infringement;
- seizure or sequestration of the products resulting from the infringement and materials
and means used predominantly for committing the infringement;
- suspension of the importation or exportation of the products, materials and means
mentioned in the previous subparagraph;
- provision of security or other guarantee deemed sufficient by the competent judicial
authority;
- the disclosure of documents.The Law also lays down border measures.
26
The Law on the Protection of Lay-out Designs of Integrated Circuits also provides for
measures of this kind.27
The Law on Trademarks and Other Distinctive Signs28 also contains provisional measures,
including:29
- Immediate cessation of the acts that constitute the infringement;
- the seizure or sequestration of products, packaging, wrappings, labels, printed
material or advertising and other materials displaying the infringing sign and
materials and means used predominantly for committing the infringement;
- suspension of importation or exportation of the products, materials or means
mentioned in the previous subparagraph;
                                                     
24 Article 113 of Law 354, Patents.
25 Article 113(3) of Law 354, Patents:  This mentions certain provisional measures by way of
illustration, which allows the judicial authority to adopt other measures such as, for example, the inspection ofequipment, installations and moveables or immoveables.  It may also adopt other provisional measuresmentioned in the Code of Civil Procedure (Article 2000 (5) Pr.).
26 Articles 118 to 120 of Law 354, Patents.
27 Article 24 of Law 324, Integrated Circuits.
28 Article 143 of Law 380, Trademarks and Other Distinctive Signs.
29 Article 143 of Law 380, Trademarks and Other Distinctive Signs.  This legislation also lists certain
measures by way of illustration, thus allowing the competent judicial authority to adopt other measures, such asinspection of equipment, installations and goods (moveable and immoveable).  The judicial authority may also
adopt other provisional measures for which the Code of Civil Procedure provides (Article 2000 (5) Pr.).IP/N/6/NIC/1
Page 8
- border measures.30
The Law on the Protection of New Plant Varieties31 provides for the ordering of the following
provisional measures, among others:
- Immediate cessation of the acts that constitute the infringement;- withdrawal from or prevention of circulation in respect of the plant varieties or
propagating material with which the rights protected by the Law are infringed;
- withdrawal from circulation of objects, packaging, wrappings, stationery, advertising
and the like with which any of the rights protected by the Law are infringed;
- seizure or sequestration of the products resulting from the infringement and materials
and means used predominately for committing the infringement;
- suspension of the exploitation of the products, materials or means mentioned in the
previous subparagraphs;
- provision of security or other guarantee deemed sufficient by the competent judicial
authority;  and
- the production of documents or moveables.
Copyright and neighbouring rights
The Law on Copyright and Neighbouring Rights32 includes protective measures which,
depending on the circumstances, may be necessary for the urgent protection of rights, in particular,
the prohibition or suspension of the infringing activity, the sequestration of copies reproduced or used
in that activity and the corresponding implements, together with deposits of income from the
infringing activity.  Similarly, under this legislation the parties may request judicial examination of
the evidence.33
The Law on the Protection of Programme-Carrying Satellite Signals34 stipulates that, without
prejudice to the provisional measures for which the ordinary legislation provides, the judicial
authority may order, among other things, the following:
- The immediate suspension of the infringing activity;- the sequestration of everything that constitutes violation of the right or has been used
for the infringement;
- the seizure of revenue from the unlawful activity and, where appropriate, the amounts
owed by way of remuneration;
- the production and confiscation of documents and other moveables;
                                                     
30 Articles 147 to 151 of Law 380, Trademarks and Other Distinctive Signs.
31 Article 81 of Law 318, New Plant Varieties.
32 Article 102 of Law 312, Copyright.
33 Article 103(3) of Law 312, Copyright.
34 Articles 31 and 33 of Law 322, Programme-Carrying Satellite Signals.IP/N/6/NIC/1
Page 9
- the inspection of equipment, installations and immoveables;
- the adoption of other measures necessary to prevent infringement or safeguard
evidence.
These proceedings are usually expeditious.  Their duration is one, four or five months.  In the
case of patents, there are no remedies that may be ordered.  It is only possible to accept or reject the
comments on a patent application.35
11. In what circumstances may such measures be ordered inaudita altera parte ?
Circumstances in which measures may be ordered
The copyright and neighbouring rights legislation36 establishes the following circumstances:
when any delay might cause irreparable injury to the applicant or there is a demonstrable risk of
evidence of the violation or revenue from the infringing activity, the depositing of which has beenrequested, being destroyed or caused to disappear.
In the field of industrial property, these measures may be adopted in the following
circumstances:
- To prevent an infringement or avoid its consequences;
- to obtain and preserve evidence;
- to ensure the effectiveness of the action or the payment of damages.
37
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time -limits and safeguards to protect the legitimate
interests of the defendant.
Procedure for the adoption of provisional measures
Any party initiating or about to initiate an action for infringement of a right protected under
the corresponding law may request the competent ju dicial authority to order immediate provisional
measures for the purpose of preventing an infringement from occurring, avoiding its consequences,
obtaining or preserving evidence, or ensuring the effectiveness of the action or the payment of
damages.
Provisional measures may be requested before starting the action for infringement, together
with it, or after it has been initiated.
A provisional measure will be ordered only where the person requesting it can prove his
lawful right of action and the existence of the infr inged right.  The competent judicial authority will
require the person requesting the measure to provide sufficient assurance (security), in accordancewith the Code of Civil Procedure.  Once measures have been executed, to maintain them in effect a
                                                     
35 Article 98 of Law 354, Patents.
36 Article 103(2), second paragraph, of Law 312, Copyright.
37 Articles 113 and 115 of Law 354, Patents;  Articles 143 and 145 of Law 380, Trademarks and Other
Distinctive Signs;  Article 24 of Law 324, Integrated Circuits;  Articles 30 and 33 of Law 322, Satellite Signals;
Articles 81 and 83 of Law 318, New Plant Varieties.IP/N/6/NIC/1
Page 10
corresponding application must be made within the legal term, for example, in the case of patents38,
trademarks, integrated circuits and new plant varieties within fifteen (15) working days of the
execution of the measure.  The period applicable to copyright and neighbouring rights39 is twenty
(20) days from adoption.  In the case of programme-carrying satellite signals40 the period is thirty
(30) consecutive days from implementation or execution.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The proceedings are expeditious and their duration depends on each particular case.  The
costs are determined in the usual way.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
Administrative measures
See the reply to question 9 above.
Special requirements related to border measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulation,  in particular whether these procedures are
available also in respect of goods which involve infringements of intellectual property rights
other than counterfeit trademark or pirate d copyright goods as defined in the TRIPS
Agreement (footnote to Article 51).  Specify, together with relevant criteria, any importsexcluded from the application of such proce dures (such as goods from another member of a
customs union, goods in transit or de minimis  imports).  Do the procedures apply to imports of
goods put on the market in another country by or with the consent of the right holder and to
goods destined for exportation?
Suspension of release
In Nicaragua, the holder of an intellectual property right may request the competent judicial
authority to suspend the customs clearance of any goods  that infringe that right.  These measures will
be ordered by the judicial authority once the appli cant has shown that he is the holder of the right.
The patent, trademark, integrated circuit lay-out design and new plant variety laws41 establish
measures for suspending the importation or exportation of protected goods.
In the case of "pirated goods that infringe copyright" the competent judicial authority may
also order the implementation of such measures, in accordance with Article 102 of Law 312 and
Article 2000 of the Code of Civil Procedure.42
                                                     
38 Article 116 of Law 354, Patents;  Article 145 of Law 380, Trademarks;  Article 84 of Law 318, New
Plant Varieties;  Article 24 of Law 324, Integrated Circuits;  and Articles 102 and 103 of Law 312, Copyright.
39 Article 104 of Law 312, Copyright.
40 Article 34(2) of Law 322, Satellites.
41 Articles 147 to 151 of Law 380, Trademarks and Other Distinctive Signs;  Articles 117 to 120 of
Law 354, Patents;  Articles 6 and 79 of Law 318, New Plant Varieties;  and Article 102 of Law 312, Copyright.
42 Article 2000 Pr.IP/N/6/NIC/1
Page 11
This provision is applicable both to the infringing products and to the materials or means used
predominantly for committing the infringement, at the time of importation, exportation or transit.
These provisions will not be applicable when a Customs Union has been established between
the Signatory States provided that the goods originate in one of the member States.43
Parallel imports
The Laws on Trademarks and Other Distinctive Signs44 and on Patents, Utility Models and
Industrial Designs45 follow the international system of exhaustion of rights, that is to say, it is
sufficient for the right holder or a person or entit y economically related with him and acting with his
consent to put the lawful products into circulation in some country.  In other words, border measuresare not applied to parallel imports.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements relatedto the duration of suspension (Article 55).  How have Articles 53 (security or equivalent
assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of
inspection and information) been implemented?
The holder of an intellectual property right wishing to have measures taken at the border may
apply directly to the judicial authority, which issues the corresponding order to the General
Directorate of Customs.  If the conditions have been met and the necessary assurances provided, the
court will order or deny suspension and inform the applicant accordingly.
Once suspension has been executed, the Genera l Directorate of Cust oms will immediately
notify the parties (importer or exporter and applicant) of the execution of suspension.
In practice, the competent authority sends an official letter to the General Directorate of
Customs Services;  in its turn, the latter orders customs offices at airports, seaports and land borders to
suspend release of the infringing goods.
These measures are executed at the request of the interested party, subject to the provision of
security (deposit) as specified by the competent authority.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of decisions
by the competent authorities for the suspension of the release of goods into free circulation?
With regard to the length of the proceedings and their cost, the same provision applies as
indicated in the reply to question 13 above.
In Nicaragua, the period of validity is not more than ten (10) days, which may be extended by
a period of the same length, where there is good cause.  Where suspension is ordered as a provisional
measure, its duration will be fifteen (15) working days from the date of execution of the measure.
                                                     
43 Article 228 of the Central American Convention of 1968.
44 Article 29 of Law 380, Trademarks and Other Distinctive Signs.
45 Article 47 of Law 354, Patents.IP/N/6/NIC/1
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18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Under the Nicaraguan legislation these measures are applied at the request of a party.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The Nicaraguan General Directorate of Customs does not have the authority  to impose border
measures by itself.  It can only act under a court order.
These measures are described in the reply to question 10 above.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The Criminal District Courts of first instance.  The Criminal Division in the second instance
and the Criminal Division of the Supreme Court of Justice in cassation.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
The Nicaraguan intellectual property legislatio n establishes penalties for the infringement of
rights, together with appropriate fines:
Law on Patents (Articles 131 and 132)
Anyone who:- Falsely causes a product to appear to be a patented product or protected by utility
models or an industrial design;
- without being the holder of a patent, utility model or industrial design or while no
longer enjoying those privileges invokes it before a third party as if he were so
entitled;
shall be liable to two to four years' imprisonment and a fine of 5,000 Central American pesos
46, the
equivalent of 5,000 United States dollars.
Anyone who:- Counterfeits wilfully and on a commercial scale;
- discloses to a third party a business secret known to him through his work, position,
the conduct of his profession, or business relations or by virtue of the granting of a
licence, without the consent of the person keeping the business secret;
- acquires a business secret unlawfully and without the consent of the person keeping
the secret or its authorized user, in order to use it or disclose it to a third party, for the
purpose of obtaining an economic advantage for himself or for a third party or for the
                                                     
46 One Central American peso equals one United States dollar.IP/N/6/NIC/1
Page 13
purpose of causing injury to the person keeping the business secret or its authorized
user;
- makes use of information contained in a business secret which became known to him
through his work, position, or the conduct of his profession or business relations,without the consent of the keeper of the secret or its authorized user, or has been
disclosed to him by a third party, while aware that the latter did not disclose it with
the consent of the keeper of the secret or its authorized user, for the purpose of
obtaining an economic advantage or causing injury to the keeper of the secret or its
authorized user;
- manufactures products that are patented or protected by utility models or industrial
designs or employs patented processes without the consent of the patent holder or acts
without licence or authorization;
- imports, distributes or markets products covered by a patent or protected by utility
models or industrial designs, while aware that they were manufactured or producedwithout the consent of the right holder or without licence or authorization;
shall be liable to four to six years' imprisonment and a fine of 8,000 Central American pesos,
equivalent to 8,000 United States dollars.
Law on Copyright and Neighbouring Rights (Articles 106 to 112)
In the following cases anyone infringing copyright or the rights of a performer, phonogram
producer or broadcasting organization shall be liable to one to two years' imprisonment:
- Using without the written consent of the right holder the title of a work that
effectively distinguishes it from others of the same kind, where there is a risk of
confusion;
- making any translation, arrangement or othe r transformation of the work without the
written authorization of its author or the right holder;
- publicly communicating a work or phonogram without the written authorization of
the author or right holder in any form or by any process, whether in its original or an
altered form, in whole or in part;
- distributing copies of a work or phonogram by sale, rental, importation or any other
method of distribution without the authorization of the right holder;
- retransmitting or distributing a radio or television broadcast, by any wire or wireless
means, without the authorization of the right holder;
- reproducing or distributing, being the assignee or licensee authorized by the holder of
the corresponding right, a greater number of copies than the contract permits, or
communicating, reproducing or distributing the work after the agreed authorization
period has expired;
- where a person falsely attributes to himself original or derived ownership of any
copyright or neighbouring rights and by virtue of that false attribution causes the
competent judicial or administrative authority to suspend the communication,
reproduction or distribution of the work, performance or production;  andIP/N/6/NIC/1
Page 14
- when the person authorized to use or exploit one or more works makes false
statements in accounts of proceeds, works used, or authors' identities, or regarding
authorization obtained or numbers of copies, or makes any other alteration to data
that is liable to prejudice any holder of copyright or related rights.
A penalty of two to three years' imprisonment for whoever:- Without the written authorization of the right holder, reproduces or copies works or
phonograms by any means or process, in the original or an altered form, in whole or
in part;
- imports, stocks, distributes, exports, sells, offers for sale, holds, hires, or otherwise
places in circulation unlawful reproductions of works or phonograms;
- registers in the Copyright Register the work, performance or production of another as
if it were his own or that of a person different from the true author or right holder;and
- without the written authorization of the holder reproduces, fixes or copies, by any
means, a work, performance, phonogram or radio or television broadcast, in whole or
in part, or imports, stocks, holds, distributes, exports, sells, hires or otherwise placesin circulation such reproductions or copies.
The penalties specified in the foregoing Articles may be increased by one third if the offences
are committed in relation to a work, performance or production that is not intended for disclosure, or
in the case of appropriation of authorship, or distortion, mutilation or other alteration liable toprejudice the honour or reputation of a person protected by the Law.
In addition to the above-mentioned penalties, the court may impose on the offender a fine of
from 3,000 to 25,000 córdobas
47, depending on the seriousness of the offence, and if the latter was a
trader will order suspension, without prejudice to his civil liabilities.
Printers and other enterprises engaged in similar activities may not print or reproduce labels,
covers and other materials necessary for the dissemination of works and phonograms, without the
authorization of the right holder.
The indemnification which the infringer must pay the injured party for infringing his
copyright or related rights will be at least equal to the selling price of a lawful copy multiplied by thenumber of unlawful copies seized.  In any case, the amount of indemnification will not be less than
the value of 100 copies.
The following acts will be considered unlawful and treated as an infringement of the rights of
the authors and other copyright holders:
- The manufacture or importation, for sale or hire, of a device or means especially
designed or adapted for rendering inoperative any device or means intended to
prevent or restrict the reproduction of a work or degrade the quality of copies made;
                                                     
47 The córdoba is the currency unit of the Republic of Nicaragua.  There are currently C$13.2 to
one US dollar which means that these fines vary from US$227 to US$1,900.IP/N/6/NIC/1
Page 15
- the manufacture or importation, for sale or hire, of a device or means that allows or
facilitates the reception of an encoded programme, whether broadcast or
communicated to the public by some other means, by persons not authorized to
receive it;
- the unauthorized elimination or alteration of any information concerning rights
management presented in electronic form;
- the unauthorized distribution or importation for distribution, broadcasting,
communication to the public or making available to the public of works,
performances, phonograms or broadcasts, while aware that information concerning
rights management presented in electronic form has been eliminated or alteredwithout authorization;
- for the purposes of this Article, "information concerning rights management" shall
mean information that makes it possible to identify the author, the work, the
performer, the performance, the phonogram producer, the phonogram, thebroadcasting organization, the broadcast and any holder of rights under this Law or
any information concerning the terms and conditions for the use of the work and
other productions envisaged by the Law and any number of code representing such
information, when any such item of information has been added to a copy of a work,
a fixed performance, a copy of a phonogram or a fixed broadcast or appears inconnection with the broadcasting, communication to the public or making available to
the public of a work, a fixed performance, a phonogram or a broadcast.
The criminal proceedings for the prosecution of these offences are public and subject to a
six-year period of limitation.
The provisions of the Law on Patents are applicable to the Law on the Protection of Lay-Out
Designs of Integrated Circuits (Article 24).
Law on the Protection of Programme-Carrying Satellite Signals (Articles 35 to 37)
Offences and penalties:  anyone who, without th e prior written consent of the holder of the
right in the broadcast signal, commits any of the following acts:
- Retransmits or distributes to the public a programme-carrying signal, whether by
wireless means or via cable, optical fibre or other similar method;
- decodes an encoded programme-carrying signal, whether transmitted by wire or by
wireless means;
- fixes and produces a protected broadcast for distribution to the public of copies
containing the reproduction;
- participates in or contributes to the manufacture, assembly, modification, sale, hire,
installation, maintenance or otherwise placing in circulation of a device or system
which can be used for decoding an encoded programme-carrying signal or for
enabling or facilitating the reception of an encoded programme;
shall be liable to three to four years' imprisonment.IP/N/6/NIC/1
Page 16
Subsidiary penalties:  without prejudice to the criminal penalty for which the previous Article
provides, the court shall order the publication of the verdict in one or more newspapers with a
wide circulation, at the infringer's expense.
The court shall also order the destruction of everything used for committing the offence or its
handing over to the injured party, if he so requests, unless the equipment can be used for a
lawful purpose.
Telcor, the Telecommunications Regulatory Authority, is authorized to suspend, temporarily
or permanently, the licences of natural or legal persons who have been punished for violations
of this Law;  application for suspension is made by the right holder who brought the criminal
proceedings by submitting a certified copy of the verdict to the regulatory authority.
Provisional measures in criminal proceedings:  the competent court is authorized to order and
enforce the provisional measures provided for in civil proceedings.
Law on the Protection of New Plant Varieties (Article 80)
Criminal penalties:  any act leading to the improper use of a breeder's right and any
infringement knowingly committed constitutes a punishable offence for the purposes of this
Law.  In this case, the arrangements, procedures and penalties laid down in the relevant
legislation will be applicable.
Law on Trademarks and Other Distinctive Signs (Articles 102 and 103)
Criminal penalties for infringement:  anyone who, without the consent of the respective right
holder, wilfully commits any of the following acts:
- Makes commercial use of a registered trademark or a copy or imitation thereof, in
relation to products or services that it distinguishes;
- makes commercial use of a protected business name, title or emblem;- makes commercial use in relation to a product or service of a geographical indication
that is false or likely to mislead the public as to the origin of that product or service or
as to the identity of the producer, manufacturer or supplier of the product or service;
- makes commercial use in relation to a product of a false or misleading appellation of
origin, even if the true origin of the product is indicated, or the appellation is used intranslation or accompanied by expressions such as "type", "kind", "style", "imitation"
or the like;
shall be liable to three to six years' imprisonment or a fine of not more twenty-five thousand
Central American pesos ($CA 25,000), equivale nt to twenty-five thousand United States
dollars (US$25,000) or both.
Proceedings against the offences described:  The offences specified in this Law can be
prosecuted at the instance of the competent authority or upon the filing of a complaint by an
interested party, including any entity or organization representative of a branch of industry orconsumers.
Criminal proceedings are subject to a period of limitation of four years from the time that the
offence was last committed, whichever is the earlier [sic].IP/N/6/NIC/1
Page 17
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
Competent authorities
The District Criminal Courts, the Public Prosecutor's Office and the Police.  They are required
to initiate proceedings on their own initiative and in response to complaints.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Standing
Any citizen may initiate criminal proceedings by filing a complaint.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
The penalties for the infringements of copyright and neighbouring rights and industrial
property rights described in the reply to question 21 above can be summarized as follows:
Copyright and neighbouring rights:
One to two years' imprisonment;  two to three years' imprisonment
48;  monetary fines49;
indemnification.50
Three to four years' imprisonment, publication of the verdict;  destruction of the means used
to commit the offence;  temporary or permanent suspension of licences;  ordering and
enforcement of provisional measures.51
Industrial property:
Patents. Two to four years' imprisonment and a fine;  four to six years' imprisonment and
fines (Articles 131 and 132 of Law 354, Patents, respectively);  Article 24 (Law 324, Lay-outDesigns of Integrated Circuits);  Article 80 (Law 318, New Plant Varieties of
12 November 1999);
                                                     
48 Articles 106 and 107 of Law 312, Copyright.
49 Article 108 of Law 312, Copyright.
50 Article 110 of Law 312, Copyright.
51 Articles 35 to 37 of Law 322 of 24 November 1999.IP/N/6/NIC/1
Page 18
Trademarks and Other Distinctive Signs.  Two to six years' imprisonment and a fine
(Articles 102 and 103 of Law 380, Trademarks and Other Distinctive Signs).
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
Length and cost
Criminal proceedings usually last from six months to a year in the first instance.
With respect to lawyers' fees, they are agreed with the client.  Otherwise the Schedule of
Court Charges applies.  In practice, fees vary between US$1,000 and US$5,000 for first-instance
proceedings.
In criminal proceedings there are no other expenses, except for the fees of experts if their
testimony is required.
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