RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/231/Add.1
15 June 2001
(01-2975)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Replies from Paraguay to the Questions Posed by Canada
Addendum
By means of a communication from the Permanent Mission of Paraguay, dated
29 November 2000, the following replies have been received to the questions posed by Canada.
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CANADA
A. COPYRIGHT
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61 of the TRIPSAgreement?
Without prejudice to any other remedies available to them, the holders of any of the rights
recognized in the Law, their representatives or  collective management entities may request the
cessation of unlawful activity by the infringer and demand compensation for material and non-material damage caused by the infringement or recovery of the profits obtained by the infringer from
commission of the unlawful act, together with payment of the costs of the proceedings.
Chapter II of Law 1328/98 refers to criminal penalties and Articles 166 -170 provide for
prison sentences or fines depending on the gravity of the offences, with prison sentences ranging from
six months to three years.
At the same time, compensation for material damage and injury covers not only the amount
which the right holder ought to have collected, but also a minimum surcharge equivalent to 100 per
cent of the said amount, unless the injured party can show proof of a higher level of damage, taking
into account the profits obtained by the infringer from the commission of the unlawful act.
Other remedies available under Law 1328/98 ar e the confiscation, seizure and destruction of
the infringing goods and of all materials and accessories used predominantly for the commission of
the offence, as established in Articles 159 and 160 of the Law.
B. 
TRADEMARKS
Article 85 of Law 1294/98 on marks provides th at "The following measures may be ordered
in the final decision in an action for infringement:
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(a) Cessation of the acts constituting the infringement;
(b) … and compensation for damage and injury;(c) attachment or seizure of the infringing products …;
(d) … destruction of the products, materials or means used for that purpose and a fine of
1,500-2,000 day units of the minimum wage, to be paid to the Industrial Property
Directorate."
Article 89 provides that "The following shall be liable to an incommutable  prison sentence of
three years and a fine of 1,000-3,000 day units of the minimum wage:
(a) Anyone who counterfeits or alters a registered mark;
(b) anyone who fraudulently imitates a registered mark;(c) anyone who knowingly stocks, puts up for sale, sells or offers for sale or distribution
products or services bearing counterfeit, fraudulently imitated or unlawfully applied
marks;
(d) anyone who, with fraudulent intent, effects or orders the use, with respect to a product
or service, of a declaration or any false description relating to nature, quality,quantity, weight or measure, name of manufacturer or place or country of
manufacture or issue;  and
(e) anyone who knowingly puts up for sale, sells or offers for sale products or services
with any of the false declarations referred to in the preceding subparagraph."
Article 96(b) provides that the Court may order precautionary measures which shall consist of
"… the seizure or attachment of goods, packaging, labels and other materials displaying the infringing
sign and of machinery and other elements that served to commit the offence.  Under criminal
procedure, these shall be destroyed  if their infringing status is confirmed by an expert appraisal
carried out in the context of the judicial proceedings to which the precautionary measure relates,
which shall be possible without the need to await the final judgement ."
2. What protection does your copyright legislation afford to "foreign works"?
Foreign works benefit from the same protection as is granted to domestic works, as stipulated
in Article 3 of Law 1328/98 in conformity with Articles 1 and 5 of the Berne Convention and with theprinciple of national treatment established in the TRIPS Agreement.  The above-mentioned Article 3
provides that "copyright protection shall extend to all intellectual works of a creative nature in
the literary or artistic field, regardless of their type, form of expression, merit or purpose, the
nationality or place of residence of the author  or the respective right holder, or the place of
publication of the work".
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