RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/NIC/1
IP/Q2/NIC/1IP/Q3/NIC/1
IP/Q4/NIC/1
13 February 2002
(02-0701)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
NICARAGUA1
This document reproduces the introductory statement by the delegation of Nicaragua, the
questions addressed to Nicaragua and the corresponding replies in connection with the review of
legislation at the meeting of the Council held from 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
On behalf of the Government of the Republic of Nicaragua, I would like to thank you for
providing us the opportunity to report to you on the considerable progress made by our country in
modernizing the legal framework for the protection of intellectual property rights.  I would also like to
acknowledge the support we have received from the Secretariats of the WTO and WIPO and from the
Secretariat of the General Treaty on Central American Economic Integration (SICEA) in preparing
this review.
A. HISTORICAL BACKGROUND
Respect for intellectual property rights has been a professed tenet in Nicaragua ever since
1899, as has been reflected in the modernization and adaptation of its legal framework thus far.
Until the recently adopted reforms, Nicaragua's legal framework for the protection of
intellectual property consisted of the following:
• The Law on Patents of 1899, a precursor for the entire Central American region;
• the Civil Code of the Republic of Nicaragua of 1906, which contained legal
provisions on copyright protection;
• the Central American Convention for the Protection of Industrial Property
(trademarks, trade names and advertising slogans or signs) of 1968, repealing theLaw on Trademarks of 1907 and establishing a uniform legal framework for the
                                                     
1 For the laws and regulations relevant to the subject under review and notified by Nicaragua under
Article 63.2 of the Agreement, see documents IP/N /1/NIC/1, IP/N/1/NIC/C/1 to 5, IP/N/1/NIC/I/1,
IP/N/1/NIC/L/1, IP/N/1/NIC/P/1 and IP/N/6/NIC/1.
2 The minutes of the meeting were circulated in document IP/C/M/32.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 2
Republics of Costa Rica, Guatemala, El Salvador and Nicaragua in the area of
industrial property protection, including the repression of unfair competition;
• the Law of 23 July 1935 creating the Nicaraguan Patent Office, responsible for the
protection of trademarks, patents and indust rial designs, and the repression of unfair
competition.  Subsequently, Executive Decree 2-L of 3 April 1968 transformed theabove-mentioned Office into the Registry of Industrial Property under the Ministry of
the Economy, Industry and Trade, now the Ministry of Development, Industry and
Trade, and introduced procedural reform s with respect to unfair competition.
B. T
OWARDS A MODERN LEGAL FRAMEWORK FOR THE PROTECTION OF INTELLECTUAL
PROPERTY
A century later, the country once again boasts a modern legal framework for the protection of
intellectual property, in keeping with its convictions and its international commitments.
With the transformation of the General Agreement on Tariffs and Trade (GATT 1947) into
the World Trade Organization in 1994 and the simultaneous adoption of the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS), Nicaragua assumed a firm commitment toestablish and maintain minimum standards of protection and enforcement of intellectual property
rights.
The Government of Nicaragua, convinced of the need to establish a rule of law conducive to
the generation of investment which, in turn, would help to promote exports and create jobs, hasundertaken to foster effective and adequate protection and enforcement of intellectual property rights
by providing a transparent environment with measures and procedures that will not act as unnecessary
barriers to legitimate trade.
The Ministry of Development, Industry and Trade (MIFIC), which is in charge of the
administration of the intellectual property system, has developed a programme for the reform of the
legal framework which aims to:
• Ensure compliance with the basic principles established under the WTO and the
relevant international agreements or conventions on intellectual property;
• define appropriate rules and principles governing the existence, acquisition, scope,
maintenance and enforcement of trade-related intellectual property rights;
• establish procedures for the enforcement of intellectual property rights so as to permit
effective action against any act of infringement of such rights, including expeditiousremedies to prevent infringements and remedies which constitute a deterrent to
further infringements.
C. 
LEGAL FRAMEWORK GOVERNING INTELLECTUAL PROPERTY IN NICARAGUA
Nicaragua has a constitutional mandate to promote and protect intellectual property, and has a
new framework for the protection of intellectual property which is consistent with the principles of
national treatment and most-favoured-nation treatment  contained in Articles 3 and 4 of the TRIPS
Agreement.  In keeping with Article 3 of the TRIPS Agreement, Nicaragua's legislation contains no
provisions imposing additional requirements or conditions on foreigners for the acquisition,
maintenance or exercise of the rights provided for therein.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 3
As regards most-favoured-nation treatment, this principle is applied by virtue of the fact that
the provisions of international treaties which have been ratified by Nicaragua and which do not
require the development of specific legislation – as is the case for Article 4 of the TRIPS Agreement –
are fully applicable, binding and enforceable, subjec t to the exemptions provided for in the article
itself.
Nicaraguan legislation complies with the basic principles of international trade set forth in the
TRIPS Agreement - what follows is a presentation of the laws making up the new legal framework:
1. Law No. 312, Law on Copyright and Related Righ ts, which regulates copyright in literary,
handicraft, artistic or scientific works, regardless of their nature, merit, or present or future form, and
the related rights of performers, producers of phonog rams and broadcasting organizations.  It also
protects computer programmes in both source code a nd object code and whatever their mode or form
of their expression.  The enjoyment and exercise of copyright and related rights recognized by
Nicaraguan law are not contingent upon registration and/or other formalities, and are independent and
mutually compatible.  Authors are entitled to copyright their works by the mere fact of their creation.This Law provides protection for the lifetime of the author and 70 years after the author's death, or
after the official declaration thereof or the corresponding declaration of absence.
2. Law No. 380, Law on Trademarks and Other Distinctive Signs, which governs the protection
of:
(a) Trademarks for products and services, including collective and certification marks;
(b) advertising signs or slogans;
(c) trade names;
(d) labels or emblems;
(e) geographical indications, including additional protection for wines and spirits;
(f) appellations of origin;
(g) well-known distinctive signs.
It also contains provisions relating to private domain names, the use of trademarks and the
repression of unfair trade.  Protection is provided for a period of ten years from the date on which it is
granted, renewable indefinitely for successive periods of ten years as of the date of expiry of the
previous term.
3. Law No. 354, Law on Patents, Utility Models and Industrial Designs, establishing legal
provisions for:
(a) The protection of all inventions that meet the requirements of novelty, level of
inventiveness and industrial application;
(b) the protection of utility models and designs;
(c) the protection of industrial designs, including textile designs;
(d) the protection of business secrets;IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 4
(e) the prevention of acts constituting unfair competition.
Protection is provided for a non-renewable period of 20 years.
4. Law No. 322, Law on the Protection of Prog ramme-Carrying Satellite Signals and the
Regulations thereto, whose purpose is the protection of entities and organizations of origin emitting
programme-carrying signals by wire or wireless means, including transmissions directed towards a
satellite or via a satellite, with a view to ensuring the resources needed to prevent unauthorized
utilization.
5. Law No. 324, Law on the Protection of Layout Designs for Integrated Circuits and the
Regulations thereto, whose purpose is to establish rules and regulations to ensure the protection of all
three-dimensional dispositions, however expressed, of the elements, at least one of which is an activeelement, and of the interconnections of an integrated circuit.  This Law provides protection for a non-
extendable period of ten years as from the date of filing of the application.
6. Law No. 318, Law on the Protection of New Plan t Varieties and Regulations thereto, which
lays down rules for the protection of the rights of natural or legal persons who, by natural means or
through genetic manipulation, have created or discovered, or developed a new plant variety.  The rightof the breeder applies to varieties of all plant genera and species.  This Law grants protection to the
breeder for a period of 20 years following the granting of the respective certificate, for all species.
Nicaragua's legislation, made up of the above-cited laws, lays down procedures for the
enforcement of intellectual property rights which, in conformity with Part III of the TRIPS
Agreement, permit effective action against any act of infringement of such rights, including remediesto prevent infringements, i.e. which consti tute a deterrent to further infringements.
The Government of Nicaragua, as part of its modernization of the legal framework for
intellectual property and with a view to ensuring its conformity with international standards for the
protection of intellectual property rights, has acceded to the main international conventions in thatarea, such as:
1. The Paris Convention for the Protection of Industrial Property (Stockholm Act of
1967);
2. the Berne Convention for the Protection of Literary and Artistic Works (1971);
3. International Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations (Rome Convention, 1961);
4. Geneva Convention for the Protection of Producers of Phonograms against
Unauthorized Duplication of their Phonograms (1971);
5. International Convention for the Protection of New Varieties of Plants of
2 December1961, as revised in Geneva on 10 November 1972 and 23 October 1978,
which constitutes the legal basis for the International Union for the Protection of New
Varieties of Plants (UPOV);
6. Convention Relating to the Distribution of Programme-Carrying Signals Transmitted
by Satellite (Brussels Convention, 1974).IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 5
D. CHALLENGES INVOLVED IN IMPLEMENTING THE NEW LEGAL FRAMEWORK FOR INTELLECTUAL
PROPERTY
Nicaragua recognizes the importance of adequate and effective protection of intellectual
property rights, even though it is faced with considerable challenges linked to its development processand above all to its status as a small economy with serious economic limitations which have led the
international financial institutions to classify it among the countries qualifying for the Heavily
Indebted Poor Countries (HIPICs) Initiative.
These economic difficulties have not prevented Nicaragua from acting within the limits of its
capacity, and with the assistance granted through international cooperation, with a view to:
• Pursuing the modernization of its legal fr amework, in which connection the following
government initiatives have been taken:
- accession to the important WIPO internet treaties of 1996, the WCT and the
WPPT, which will enable Nicaragua to ensure intellectual property protection
in the digital era;
- accession to the Patent Corporation Treaty (PCT), which we are confident
will benefit Nicaragua by giving it access to new technological information,
thereby improving inventiveness a nd know-how, specifically among the
small and medium enterprises which are fundamental to the Nicaraguan
economy.
• setting up a system whereby Nicaragua can offer the international community new
forms of intellectual property protection by introducing uniform arrangements within
the Customs Union through the establishment, in the short term, of a community
framework;
• training officials from the executive branch in the field of intellectual property;
• training judges and other officials from the courts of justice of the Republic as well as
national police officials, professors from the country's main universities and other
industrial property and copyright users.
Our country is faced with major challenges in implementing the new legislation, training
human resources and modernizing the institutional st ructure to bring it into line with the recently
introduced legal framework.
In our efforts to realize our objective of developing a modern intellectual property system
capable of providing adequate and effective protection of intellectual property rights, we need the
support of the WTO and the World Intellectual Property Organization (WIPO) in adjusting and
adapting to the new international environment a nd the development of a culture of respect for
intellectual property rights.
Accordingly, pursuant to Article 67 of the TRIPS Agreement, the Government of Nicaragua
requests all WTO Members as well as the WTO itself and WIPO to provide the technical and
financial cooperation it needs to facilitate the effective implementation of the legal framework
described in this document and to develop the new institutional infrastructure of its intellectual
property system, in particular:IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 6
1. Training assistance, logistical support, and cooperation of all kinds needed to create
an intellectual property institute in order to optimize the function hitherto well
performed by our Intellectual Property Register, making use of the experience of
other countries in the creation of this type of institution.
2. Technical cooperation in the further training of human resources that are of vital
importance to the smooth functioning of the intellectual property system;
3. External funding for programmes and projects to meet the country's actual needs in
the field of intellectual property.
II. REPLIES TO THE QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
This question was fully answered by Nicaragua in the Check-list of Issues on Enforcement
circulated as document IP/N/6/NIC/1.
2. What protection does your copyright legislation afford to "foreign works"?
The Nicaraguan Constitution establishes the equality of all persons before the law, and
guarantees the right to equal protection.  It prohibits discrimination by reason of birth, nationality,
political beliefs, race, etc.  This provision of the Constitution provides that "foreign nationals have the
same obligations and rights as Nicaraguans, except for political rights and such rights as may be
established by law ...".3  Nicaraguan legislation on copyright and related rights makes reference to
adherence to the rule of national treatment.  A ccordingly, no distinction is made between foreign
works and Nicaraguan works, and all enjoy the same protection afforded to Nicaraguan works.  The
legislation recognizes the following:
• Moral rights: authorship; integrity; disc losure; withdrawal or taking back; and
alteration.  These rights may not be renounced or transferred.
• Economic rights:  the author's exclusive right to authorize or prohibit the exploitation
of the work.  These rights are time-bound and may be transferred.  Economic rightsexist throughout the author's lifetime and for seventy (70) years after his death, or
after he has been declared to be dead or to have disappeared.
4
The author is given full use of the work and the exclusive right to exploit it, without any
limitations other than those set forth in Articles 31 to 43 of Law No. 312 on Copyright and Related
rights ( Derechos de Autor y Derechos Conexos ), of 26 August 1999.  Protection is afforded to all
original and derived literary, artistic and scientific creations, regardless of their nature or merit, or
present or future form.
                                                     
3 Nicaraguan Constitution, Article 27, paragraph 2.
4 Article 27 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 7
III. REPLIES TO THE QUESTIONS POSED BY THE EUROPEAN COMMUNITIES
AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
All Nicaragua's economic and social legislation is aimed at promoting the public interest and
the country's general welfare because ensuring the public interest is part of the State's essential role.
As an example, in the area of intellectual property, Articles 6 and 7 of Nicaragua's Law
No. 354 on Patents, Utility Models and Industrial Designs contain the same exclusions from
patentability as those allowed under Article 27 of the TRIPS Agreement.  Some of these exclusions
are intended to protect health and the environment.
In addition, laws such as the Law on Drugs and Pharmacies and its Regulations;  the
Fundamental Law on the regulation of pesticides, toxic, hazardous and similar substances;  and the
Law on Toxic Wastes contain provisions to protect the people's health, in conformity with Article 8 of
the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement, which requires Members to comply with Articles 1-21 of the Berne Convention andthe Appendix to the B erne Convention (1971).
Nicaragua's Law No. 312 on Copyright and Re lated Rights meets the requirements in
Article 9 of the TRIPS Agreement, as well as those in Article 6 bis of the Berne Convention (1971).
All original literary and artistic creations are protected, regardless of their nature or merit, or
present or future form.  The Law protects original and derived works alike in such a way that thefollowing original creations are considered to be independent works, without prejudice to any
copyright that may apply in the original works:
• Compilations of literary, artistic or scientific works which, owing to the selection or
arrangement of their contents, constitute intellectual creations;
• translations, adaptations and dubbed soundtracks;
• revisions, updates and annotations;
• musical arrangements;
• compendiums, digests and extracts;  and
• any other creation that is the result of transforming an original work.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 8
The following shall not be protected:
• Mathematical ideas, processes, methods or concepts;
• laws, government regulations, draft laws, minutes, agreements, deliberations and
decisions by public bodies and agencies, and official translations of such texts;  and
• rulings by the courts.
In Nicaragua, copyright includes moral and economic rights that give the author full control
over the work and the exclusive right to exploit it, without any limitations other than those laid downin the aforementioned Law.
5
Economic rights are assignable and time-bound and include the following rights:
• The right to reproduce the work, in whole or in part, permanently or temporarily, on
any type of medium;
• the right of transformation;
• the right of translation;
• the right of adaptation;
• the right of communication to the public, for example:  (a) oration;  (b) direct or
indirect performance;  (c) public projection, exhibition or showing;  (d) digital oranalogue transmission;  and (e) public access to computer databases by means of
telecommunication;
• the right of distribution to the public;
• the right of rental;  and
• the right to import.
All these economic rights are governed by the provisions in Chapters V and VII of Law
No. 312 on Copyright and Related Rights and Articles 10 to 28 of its Regulations.
In addition to the protection of economic rights, Nicaragua provides broad protection for
moral rights, as required by Article 6 bis of the Berne Convention, in Articles 19 to 21 of Law
No. 312 on Copyright and Related Rights.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
In Nicaragua, computer programs and databases are protected from the time of their creation;
the former are protected as literary works
6 and the latter as compilations.
Article 13.2 of Law No. 312 on Copyright and Related Rights provides that:
                                                     
5 Articles 5 and 8 of Law No. 312 on Copyright and Related Rights.
6 Article 13.2 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 9
… shall be protected (…) all original and derived literary, artistic or scientific creations,
regardless of their nature or merit, present or future form, including:
(…) computer programs, whether they are in source or object code and irrespective of their
means or form of expression."
Compilations of texts and databases are protected under Article 14 of the aforementioned
Law, which states that:
"Compilations of literary, artistic or scientific works such as anthologies and compilations of
texts, administrative or judicial decisions or of other materials, including databases which,
owing to the selection or arrangement of their contents, constitute intellectual creations, (…)
shall be considered independent works."
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Article 22 of Law No. 312 on Copyright and Related Rights provides that:  "The author shall
have the exclusive right to authorize or prohib it the exploitation of his work in any form"; and
Article 23.5 of the Law determines that the right of rental is an economic right.
Regarding the leasing of computer programs and cinematographic works, Article 22 of the
Regulations of Law No. 312 on Copyright and Related Rights states that:
"In regard to the rental right, authors of computer programs, cinematographic works and
works incorporated in phonograms shall enjoy the exclusive right to authorize the commercial
rental to the public of the original or of copies of their works."
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Performers
Performers enjoy the right to authorize the broadcasting or communication to the public of
their unfixed performances, unless they are intended for broadcasting, as well as the right to fixation
of their performances.7
In addition, performers shall have the inalienable and non-transferable right to obtain fair
remuneration for the direct exploitation of their fixed performances.8
The foregoing is regulated in Articles 86 to 91 of Law No. 312.
Producers of phonograms
Producers of phonograms have the exclusive right to authorize or prohibit the reproduction,
distribution by sale or rental, import, adaptation,  or communication to the public of their phonograms,
as well as the exclusive right to authorize that their phonograms be made available to the public, by
                                                     
7 Article 86 of Law No. 312 on Copyright and Related Rights.
8 Article 88 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 10
wire or wireless means, in such a way that members of the public may have access to them at a place
and time they choose.9
Producers of phonograms have the exclusive right to authorize, perform or prohibit the
following in respect of their phonograms:
(1) Direct or indirect reproduction of all or part of their phonograms by any means or
process, as well as their exploitation in any form;
(2) distribution of the original or copies of their phonograms by means of sale or any
other form of transfer of ownership, including their distribution by means of signalsor transmissions;
(3) public communication of their phonograms by  any means or process, whether by wire
or wireless means;
(4) import of their phonograms, copies or reproductions thereof;
(5) synchronization of their phonograms;(6) rental or public lending of their phonograms, or transfer of ownership by any means
permitted under the law;
(7) making the phonograms available to the public, whether by wire or wireless means, in
such a way that members of the public have access to them at a place and time they
choose;  and
(8) adaptation or transformation of their phonograms.
Broadcasting organizations
Broadcasting organizations enjoy the right to authorize or prohibit the retransmission of their
broadcasts, the reproduction of a fixation of their broadcasts, as well as the public communication oftheir broadcasts in places to which the public only has access against payment of an entry fee.
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Nicaragua's legislation on copyright and related rights includes limitations, which are in
conformity with the relevant provisions in the Berne and Rome Conventions and with Articles 13 and
14.6 of the TRIPS Agreement:
Limitations on economic rights
10
(1) The reproduction of a disclosed work in one copy exclusively for personal use is
permitted.  This does not apply to:
                                                     
9 Article 92 of Law No. 312 on Copyright and Related Rights.
10 Articles 31 to 43 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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• The reproduction of works of architecture in the form of buildings or other
similar constructions;
• the reprographic reproduction of an entire book or musical work in graphic
form (scores);
• the reproduction of all or important parts of databases in numeric form;
• the reproduction of computer programs, except in the cases specified in
Article 39 of the Law;
• any other reproduction of a work that may affect its normal exploitation or
may unreasonably harm the author's legitimate interests.
(2) Without the author's consent, it is lawful to reproduce parts of another person's work,
as well as parts of single three-dimensiona l or photographic works, provided that the
works have already been disclosed and their reproduction is for the purposes of
illustration or analysis, commentary or criticism, to the extent justified by the
purpose, in conformity with fair practice and indicating the source and name of the
author of the work used.
(3) Without the author's consent, it is lawful to reproduce, by reprographic means and for
teaching purposes, single articles published in the press of short excerpts from a
work, provided that they have previously been published and that the reproduction
takes place in educational establishments, is not for directly or indirectly commercial
purposes and is made to the extent justified by the purpose, in conformity with fairpractice and that the source and name of the author are indicated, if the latter appears
therein.
(4) Without the author's consent, it is lawful to reproduce a work for private use by the
blind, provided that the reproduction or copy is made using the Braille system or anyother special process, and that the copies are not used for profit-making purposes.
(5) Libraries and archives whose activities do not have any direct or indirect commercial
purpose may reproduce, without the author's consent, single copies of a work that is
in their permanent collection for the purpose of preserving or replacing the work ifthe copy has been mislaid, destroyed or rendered unusable, in so far as it is not
possible to acquire such a copy within a reasonable time and on fair terms.
(6) Lectures or talks given in educational institutions may be noted down or copied
freely, but their publication or reproduction in full or in part without the author'sconsent is prohibited.
(7) Parodies of a disclosed work are not considered transformations that require the
author's consent.
(8) Public communication in establishments that market phonograms, videograms and
materials and equipment for sound or audiovisual reproduction or the reception ofradio or television broadcasts is allowed, provided that the communication is made
for the purpose of demonstrating the content or functioning of these media, materialsIP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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or equipment to customers and strictly to the extent necessary for this purpose and not
as publicity or advertising therefor.
(9) The lawful owner of a computer program may, without the author's consent, make a
copy or adapt the program, provided that the copy or adaptation is:
• Necessary in order to use the computer program for the purpose for which it
was obtained;  or
• necessary for back-up purposes or to replace a legally-owned copy, when it
has been mislaid, destroyed or rendered unusable.
(10) Works and articles of topical interest on economic, political, religious or other
matters disseminated by social communication media may be reproduced, distributed
and communicated to the public by any other similar medium without the author's
consent, unless their reproduction, distribution or communication has been expressly
reserved.  The source and the name of the author, where it appears, must, however, be
clearly indicated.
(11) Lectures, speeches, addresses, reports to the courts or administrative authorities and
other works of the same nature given in public may be reproduced, distributed and
communicated to the public without the au thor's consent by social communication
media, provided that these acts are ex clusively for the purpose of providing
information on current events and that the name of the author is indicated.  In any
event, the author reserves the right to publish such works in anthologies.
(12) Any other work that can be seen or heard in the course of news on current events may
be reproduced, distributed and communicated to the public without the author'sconsent to the extent justified by the information purpose and in accordance with the
nature of the work, but the reproduction in full is only allowed in exceptional
circumstances.
(13) Works situated permanently in parks, streets, squares or other public places may be
reproduced without the author's consent by means of painting, drawing, photography
or audiovisual recording.  For works of architecture, this Article only applies to the
external view.
Limitations on performers' rights
11
Performers enjoy the right to authorize the broadcasting or communication to the public of
their unfixed performances, unless they are intended for broadcasting, as well as the right to fixation
of their performances.
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
Law No. 312 on Copyright and Related Rights provides the following terms of protection:
                                                     
11 Article 86 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 13
Copyright (economic and moral rights)
As to the term of protection, the Law establishes a time limit for economic rights, but not for
moral rights, which upon the death of the author pass to the author's heirs without limitation as to timeor, if there are no heirs, they revert to the State.
The term of the economic rights in works whose period of protection can be calculated on the
basis of the author's actual lifetime is that lifetime plus 70 years following the author's death.
12
In the case of works whose period of protection cannot be calculated on the basis of the
author's lifetime, the economic rights shall be protected for 70 years as of the date of disclosure of thework, as required by Article 12 of the TRIPS Agreement.
Related rights
- Performers
The aforesaid rights are protected for seventy (70) years as of 1 January of the year following
the communication of the fixed performance or, in its absence, of the performance itself.
In addition, the performer has the right to be named as the performer and to oppose any
alteration or mutilation of his performance that might damage his image or reputation.  These rights
are inalienable and non-transferable.  Upon the performer's death, the exercise of these rights passes to
his heirs for a period of seventy (70) year s from the date of the performer's death.
- Phonogram producers
The term of the rights is seventy (70) years as of 1 January of the year following publication
of the phonogram or, if it is not published, of its fixation.
- Broadcasting organizations
The rights conferred on broadcasting organizations shall have a term of seventy (70) years as
of 1 January of the year following the broadcast.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Article 132 of Law No. 312 on Copyright and Related Rights determines that the Law's
provisions shall apply to works that have been created, performances that have been given or have
been fixed, phonograms that have been fixed, and broadcasts that have been transmitted prior to the
date of entry into force of the Law, provided that such works, performances, phonograms andbroadcasts are not within the public domain as a result of the expiry of their term of protection under
the previous legislation or legislation in their country of origin.
It is also provided that the legal effects of acts or contracts agreed or established prior to the
entry into force of the Law shall remain unchanged.
                                                     
12 Articles 21 and 27 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 14
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Nicaragua's legislation on trademarks and other distinctive signs defines a trademark13 as
"Any sign capable of distinguishing products or services".
Trademarks may consist, inter alia , of one or more words, advertising slogans and phrases,
letters, numbers, monograms, figures, images, labels, shields, engravings, vignettes, borders, lines and
stripes, and combinations or arrangements of colours, sounds and other perceptible signs.  They may
also consist of the form, presentation or packaging of the products or their containers or wrapping, orthe means or premises for the retail sale of the products or services in question.
A trademark may also consist of a Nicaraguan or foreign geographical name provided that it
is sufficiently arbitrary and distinctive with respect to the products and services to which it is applied
and that its use is not like to create any risk of confusion as regards the origin, source, qualities orcharacteristics of the products or services to which the trademark is to be applied, nor any risk of
association with a well-known geographical name for the same products or services or unfair
appropriation of the reputation of such a geographical indication.
Taking into account the above definition, a trademark is protected under Nicaraguan
legislation if it is sufficiently distinctive in respect of the products or services to which it is applied in
such a way that it cannot be confused with other previously registered trademarks or trademarks
whose registration has already been requested.
A trademark may be registered provided that none of the prohibitions laid down in Articles 7
and 8 of the Law apply, for example:
Trademarks that are inadmissible for intrinsic reasons
(a) They are not sufficiently distinctive with respect to the product or service to which
they apply;
(b) they are contrary to the law, public order or morality;
(c) they consist of the usual or everyday name of the product to which they are applied or
their container or packaging, or their shape is necessary or imposed by the nature of
the product or service concerned;
(d) they consist of a form or sign that gives a functional or technical advantage to the
product or service to which they are applied;
(e) they consist exclusively of an ordinary sign or indication which, in common or
technical language, is used to designate the product or service to which they are
applied;
(f) they constitute a sign that designates, describes or qualifies the characteristics,
qualities or other information corresponding to the product or service they areintended to identify;
                                                     
13 Articles 2 and 3 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 15
(g) colours considered in isolation;
(i) signs liable to cause confusion or be misleading as to the geographical source, the
nature, the method of manufacture, the qualities, the suitability for use or
consumption, the quantity or any other characteristic of the product or service to
which they apply;
(j) they consist of a geographical indication that does not conform to the provision in
Article 3.2 of Law No. 380;
(k) they constitute a complete or partial reproduction of a coat of arms, flag or other
emblem, sign, name or abbreviation of a name of any State or international
organization, without authorization from the State or international organization
concerned;
(l) they include a complete or partial reproduction of an official sign or guarantee or a
control stamp by a State or national or foreign regional, provincial or municipal
public body, without authorization from the competent authority concerned;
(m) they consist of the denomination of a plant variety that is protected in Nicaragua or
abroad if the sign is to be used for products  or services relating to this variety or its
use might cause confusion or an association therewith;
(n) they reproduce coins or notes that are legal tender in any country, share certificates or
other commercial documents, seals, stamps, or fiscal items in general;  or
(o) they include or reproduce medals, prizes, diplomas or other elements that imply the
award of distinctions in respect of the corresponding product or services, unless such
awards have truly been obtained by the applicant for registration or his agents and
this is proved at the time of filing for registration.
Notwithstanding the provisions in subparagraphs (e), (f) and (g), a sign may be registered as a
trademark when the person applying for registration or his agent has used it in Nicaragua and, by
reason of such use, the sign has become sufficiently distinctive with regard to the products or services
to which it is applied.
Trademarks that are inadmissible because of third party rights
(a) A sign that is identical to a trademark previously registered by a third party or whose
registration is pending in Nicaragua and used to distinguish the same products or
services;
(b) a sign that is identical or similar to a trademark previously registered by a third party
or whose registration is pending in Nicaragua and used to distinguish the same  or
other products or services if its use might create confusion or a risk of association
with the other trademark;
(c) a sign that is identical or similar to a trade name, a trade sign or emblem already
belonging to a third party and its use might create confusion or a risk of association
with the other trade name, trade sign or emblem;IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 16
(d) a sign that constitutes a complete or partial reproduction, imitation, translation,
transliteration or transcription of a well-known distinctive sign belonging to a third
party, irrespective of the products or services to which it is applied, when its use
might create confusion or a risk of association with the well-known distinctive sign ora risk of weakening its distinctive force or its commercial or advertising value, or
imply unfair appropriation of the prestige of the sign;
(e) the sign will affect the acquired rights of a third party, particularly in the case of a
name, signature, title, nickname, pseudonym, image or portrait of a well-known
person other than the person filing for registration, unless the applicant can prove that
he has the consent of that person or, if that person is dead, the consent of the personsdeclared to be the heirs;
(f) the sign will affect the right to the name, image or reputation of a legal person or a
local, regional or national community, unless the applicant can prove that he has the
express consent of the competent authority, or the legal person or communityconcerned;
(g) the trademark contains an appellation of origin protected for the same products or for
different products if its use might create confusion or a risk of association with the
appellation or imply unfair appropriation of its reputation;
(h) the sign infringes copyright or an industrial property right belonging to a third party,
protected by a form other than those regulated in this Law;
(i) the sign applied for is identical or similar to a sign that has been used in good faith in
Nicaragua by a third party to identify the same products or services.
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Pursuant to the definition of a trademark in Nicaraguan legislation given in the reply above,
services are also protected.
Nicaragua's legislation considers that trademarks (including collective and certification
marks), trade names, trade signs, emblems or appella tions of origin are distinctive signs eligible for
protection. Expressions or commercial advertising signs, geographical indications and domain names
are also protected.
According to Article 3 of Law No. 380, the fo llowing are signs that can constitute a
trademark and thus be eligible for protection:  "(…) combinations and arrangements of colours,
sounds and other perceptible signs. Trademarks may also consist of the form, presentation orpackaging of products or their containers or wrapping, or the means or premises for the retail sale of
the products and services in question."
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of aregistration in that respect.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 17
Requirements for the registration of trademarks
In Nicaragua's legislation, effective use of a trademark is not a requirement for filing an
application for registration.
Definition of use14
A trademark shall be considered to be in use when the products or services that it
distinguishes have been put on sale or are available under that trademark, in the usual quantity or
form, bearing in mind the size of the market, the nature of the products or services concerned and the
conditions under which they are marketed.  Use on products for export from Nicaragua or inconnection with services provided abroad from Nicaraguan territory shall also be considered use.
The use of a trademark by a licensee or another person authorized by him shall be considered
as use by the owner of the registration for all purposes concerning use of the trademark.
A registered trademark must be used in trade in the way and form in which it has been
registered.  Nevertheless, use of the trademark in a form other than that in which it was registered
only with respect to details or non-essential features  that do not alter the identity of the trademark
shall not be grounds for cancelling the registration nor lessen the protection afforded.
Conditions for maintaining the registration of a trademark by reason of use
15
Notwithstanding the foregoing, Article 36 of Law No. 380 on Trademarks and Other
Distinctive Signs provides that, at the request of any interested party and subject to hearing the owner
of the registered trademark, the competent judicial authority shall cancel the registration of atrademark when it has not been used for three consecutive years preceding the date on which the
action for cancellation was brought.
A request for cancellation may not be submitted until three years have elapsed since the date
of the original registration of the trademark in Nicaragua.
Cancellation of registration for failure to use the trademark may also be requested when
lodging a complaint with the Registry or during opposition, cancellation or infringement proceedings
when the opposition or the action concern a registered trademark that has not been used in accordance
with the Law.
Where use of a trademark commences after three years have elapsed since the grant of
registration in Nicaragua, such use shall prevent cancellation of the registration if it has begun at least
three months prior to the date of submission of the request for cancellation.
Where failure to use a trademark only affects one or more products or services for which the
trademark was registered, the cancellation of registration shall be ordered in respect of those productsor services for which the trademark has not been used and they shall be removed from the list of
products or services covered by the registration, which shall be revised accordingly.
Registration of a trademark for failure to use shall not be cancelled when there are reasonable
grounds therefor, in other words, failure to use is due to or the result of circumstances that are notwithin the control of the owner of the registered trademark and constitute an obstacle to its use, for
                                                     
14 Article 37 of Law No. 380 on Trademarks and Other Distinctive Signs.
15 Articles 36, 38 and 39 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 18
example, import restrictions or other official requirements imposed on the products or services
protected by the trademark.
The burden of proof concerning use of the trademark shall lie with its owner.  Use of the
trademark shall be proved by any means of proof allowed by the law which shows that the trademark
has in fact been used.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Pursuant to Article 21 of Law No. 380, registration of a trademark may be renewed
indefinitely for successive 10-year periods as of the date of expiry of the previous term.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
A trademark shall be considered to be in use when the products or services that it
distinguishes have been put on sale or are available under that trademark, in the usual quantity or
form, bearing in mind the size of the market, the nature of the products or services concerned and the
conditions under which they are marketed.  Use on products for export from Nicaragua or in
connection with services provided abroad from Nicaraguan territory shall also be considered use.
The use of a trademark by a licensee or another person authorized by him shall be considered
as use by the owner of the registration for all purposes concerning use of the trademark.
A registered trademark must be used in trade in the way and form in which it has been
registered.  Nevertheless, use of the trademark in a form other than that in which it was registered
only with respect to details or non-essential features  that do not alter the identity of the trademark
shall not be grounds for cancelling the registration nor lessen the protection afforded.16
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
According to Law No. 380 on Trademarks and Other Distinctive Signs, the Industrial
Property Registry may reject an application for registration if it consists of:
• Signs liable to cause confusion or be misleading with respect to the geographical
source of the product or service to which they apply17;
• signs that consist of a geographical indication that is not sufficiently arbitrary and
distinctive with respect to the products or services to which they apply18;
• signs that contain a protected appellation of origin for the same products or for
different products, or if their use could create a risk of confusion or of association
with the appellation, or might imply unfair appropriation of its reputation.19
                                                     
16 Article 37 of Law No. 380 on Trademarks and Other Distinctive Signs.
17 Article 7(i) Law No. 380 on Trademarks and Other Distinctive Signs.
18 Article 7(j) Law No. 380 on Trademarks and Other Distinctive Signs.
19 Article 8(g) Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 19
15. Please give the definition of a geographical indication in your legislation.
Pursuant to Article 2 of Law No. 380, a geographical indication is defined as the "name,
expression, image or sign which designates or refers to a particular country, region, locality or place".
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
The definition of an appellation of origin in Article 2 of Law No. 380 specifies the link
between the qualities and characteristics that distinguish a product and its geographical origin or thegeographical area associated with its appellation.
This Article states that an appellation of origin means "a geographical indication that
identifies a product originating in a particular country, region, locality or place whose quality,
reputation or other characteristic is essentially attributable to its geographical origin, including humanand natural factors;  an appellation of origin shall also mean the name of a product which, without
being a geographical name, indicates a geographical source when applied to a product whose quality,
reputation or other characteristic is essentially attributable to its geographical origin".
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Article 46 of the Regulations
20 of Law No. 380 on Trademarks and Other Distinctive Signs
provides that, at the request of the party concerned, the registration of any trademark for wines that
contains or consists of a geographical indication that identifies wines or the registration of anytrademark for spirits that contains or consists of a geographical indication that identifies spirits will be
rejected or cancelled for wines or spirits that do not in fact have that origin.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
Law No. 380 on Trademarks and Other Distinctive Signs contains the following exceptions to
Article 24 of the TRIPS Agreement:
• The exception in the first sentence of Article 24.6 of the TRIPS Agreement is covered
by Article 72(c);
• the exception in Article 24.9.
In practice, these exceptions have not been applied nor is there a list of names considered as
generic in Nicaragua's jurisdiction.
E. 
INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
                                                     
20 Shortly to be published.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 20
As provided in Article 68 of Law No. 354 on Patents, Utility Models and Industrial Designs,
an industrial design shall be excluded from protection if its appearance is determined entirely by a
technical function and does not embody any arbitrary contribution by the designer.  A design shall
likewise not qualify for protection where it consists of a shape the exact reproduction of which isnecessary to allow the product embodying the design to be mechanically assembled or connected to
another product of which it constitutes an integral part or component.
Textile designs are protected by the definition given in Article 3 of this Law, which states that
industrial design means the particular appearance of a product that results from the characteristics of
its shape, outline, configuration, material or ornamentation among other things, and covers all types of
industrial design.
Article 79(b) of the Law states the following:"The application for registration of an industrial design (…) shall include:
(b) a graphic or photographic reproduction of the industrial design. More than one view
(plan, profile, section) of the design may be submitted if it is three-dimensional;  in
the case of two-dimensional designs for textiles, paper or any other flat material, the
reproduction may be replaced by a sample of the product incorporating the design".
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied designs.
As provided in Article 75 of Law No. 354, the registration of an industrial design shall confer
on its owner the right to prohibit third parties from exploiting the industrial design.
The owner of a registered industrial design may proceed against any person who, without his
consent, produces, markets or uses, or imports or stores for any of those purposes, a product
incorporating the registered industrial design or the appearance of which gives the same overall
impression as the design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Law No. 354 on Patents, Utility Models and Industrial Designs does not provide for
compulsory licences for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
According to Article 85 of Law No. 354 on Patents, Utility Models and Industrial Designs,
the registration of an industrial design has a term of five years from the filing date of the relevantapplication, and it may be renewed for a further five years if the owner so requests.
An industrial design that meets the requirements laid down in Articles 3, 68 and 72 of the
aforementioned Law shall enjoy protection for a term of three years from the date of the first
disclosure of the industrial design to the public by any means anywhere in the world, by its designeror his successor in title or by a third party who has obtained the design as a result of any act
performed by one of the former.  Such protection is  independent of the protection that can be obtained
through registration of the industrial design.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 21
F. PATENTS
23. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
Article 9 of Law No. 354 on Patents, Utility Models and Industrial Designs provides the
following:
"An invention shall be considered novel if it is  not anticipated by the current state of the art.
The current state of the art shall comprise everything that has been disclosed or made
accessible to the public in any form, anywhere in  the world, prior to the filing date of the
patent application in Nicaragua, or prior to the recognized priority date where priority isclaimed.  For the sole purposes of determining novelty, the current state of the art shall also
include the contents of another pending patent application whose filing or priority date, as the
case may be, is earlier than that of the application under consideration, but only to the extent
that the contents were included in the earlier-dated application when it was published."
Article 12 of Law No. 354 on Patents, Utility Models and Industrial Designs states that:
"An invention shall be regarded as involving an inventive step if it is not obvious to a person
skilled in the corresponding technical field or could not obviously have been deduced from
the current state of the art."
Industrial application is defined as follows in Article 13 of the Law:"An invention shall be considered industrially  applicable where its subject matter can be
produced or used in any kind of industry or productive activity.  For these purposes industryshall be understood in the broad sense that includes among other things crafts, agriculture,
animal husbandry, manufacturing, construction, mining, fishing and services."
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Patent protection
According to Nicaraguan Law No. 354 on Patents, Utility Models and Industrial Designs, of
19 September 2000, patent protection is granted for all inventions, whether products or processes, in
all areas of technology, which meet the requirements of novelty, an inventive step and industrialapplication.
Subject matter excluded from protection
Article 7 of the aforementioned Law provides that patents shall not be granted for animals;
therapeutic, surgical or diagnostic methods applicable to human beings or animals;  nor for inventions
whose commercial exploitation has to be prevented in order to uphold public order or morality,
safeguard human, animal or plant health or life, or to protect the environment, provided that such
exclusion is not due to the fact that exploitation of the product is prohibited by any legal or
administrative provision.
In accordance with the provisions in Article 6 of the Law, the following inter alia  do not
constitute inventions:IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 22
(a) Mere discoveries;
(b) material or energy in the form in which they are found in nature;(c) biological processes as they occur in nature which do not require human intervention
in order to produce plants or animals, except for microbiological processes;
(d) scientific theories and mathematical methods;(e) purely aesthetic creations and literary and artistic works;(f) plans, principles, rules or methods pertaining to economic, advertising or business, or
those relating to purely mental or intellectual activities or the playing of games;
computer programs considered in isolation.
Protection of pharmaceutical products
In Nicaragua, patent protection is granted for any pharmaceutical product or process that
meets the requirements of novelty, an inventive step and industrial application, pursuant to Article 8
of the Law.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Exclusion from patentability is covered by Article 7 of Law No. 354 on Patents, Utility
Models and Industrial Designs, which states that patents shall not be granted for inventions whose
commercial exploitation has to be prevented in order to protect public order or morality.  For this
purpose, exclusion from patentability shall not apply simply because exploitation is prohibited,
restricted or made subject to any legal or administrative provision.
No patent applications in Nicaragua have been rejected on the grounds of the aforementioned
exclusions.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Exclusions from patentability are covered by Article 7 of Law No. 354 on Patents, Utility
Models and Industrial Designs, which provides that patents shall not be granted for therapeutic,
surgical or diagnostic methods applicable to human beings or animals.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Exclusions from patentability are covered by Article 7 of Law No. 354 on Patents, Utility
Models and Industrial Designs, which provides that patents shall not be granted for animals.  Article 6
of this Law also provides that biological processes as they occur in nature which do not require human
intervention in order to produce plants and animals do not constitute inventions, except for
microbiological processes.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 23
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
All inventions, whether products or processes,  including micro-organisms and non-biological
or microbiological processes, can be patented if they meet the requirements of novelty, an inventive
step, and industrial application, as indicated in Article 8 of Law No. 354 on Patents, Utility Models
and Industrial Designs.
Protection of new plant varieties
New plant varieties are protected under Law No. 318 on the Protection of Plant Varieties.21
In order to be protected, a plant variety must be novel, distinct, uniform, and stable and have its own
denomination.  The granting of a breeder's right depends solely on the aforementioned requirements
and it shall be granted if the breeder has completed the formalities laid down in the aforementionedLaw and has paid the appropriate fee.
22
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Article 44 of Law No. 354 on Patents, Utility Models and Industrial Designs provides that a
patent shall confer on its owner the right to prevent third parties from exploiting the patented
invention.  For this purpose, the owner of the patent may proceed against any person who engages in
any of the following acts without his consent:
Where the patent claims a product:
(a) Producing and manufacturing the product;(b) offering for sale, selling or using the product;(c) importing it or storing it for any of the aforesaid purposes.Where the patent claims a process:(a) Using the process;
(b) engaging in the act mentioned under subparagraph (a) in relation to a product directly
obtained by means of the process.
Where a patent protects biological material that possesses certain characteristics that have
been claimed, protection shall extend to any biological material derived from the patented material bymultiplication or propagation and possessing the same characteristics.
Where the patent protects a process for obtaining biological material that possesses certain
characteristics that have been claimed, the protection provided shall also extend to any biological
                                                     
21 The implementing Regulations for the Law were issued under Executive Decree No. 37-2000,
published in issue No. 102 of the official journal La Gaceta  of 31 May 2000.
22 Article 16 of Law No. 318 on the Protection of Plant Varieties.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 24
material derived by multiplication or propagation from the material directly obtained by means of the
process and possessing the same characteristics.
Where the patent protects a specific genetic sequence or biological material containing such a
sequence, the protection shall extend to any product that incorporates the sequence or material and
expresses the corresponding genetic information.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
In Nicaragua, patent protection is granted for any pharmaceutical or chemical product that
meets the requirements of novelty, an inventive step and industrial application, as indicated in
Article 8 of Law No. 354 on Patents, Utility Models and Industrial Designs.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Article 44 of Law No. 354 on Patents, Utility Models and Industrial Designs provides that a
patent shall confer on its owner the right to prevent third parties from exploiting the patented
invention.  For this purpose, the owner of the patent may proceed against any person who engages in
any of the following acts without his consent:
Where the patent claims a process:(c) Using the process;
(d) engaging in the act mentioned under subparagraph (a) in relation to a product directly
obtained by means of the process.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out the relevant legislation and describe the additionalconditions in detail.
Law No. 354 on Patents, Utility Models and Industrial Designs, in conformity with Article 29
of the TRIPS Agreement, lays down the following additional conditions:
(1) The description of an invention shall be clear and complete so that a person skilled in
the corresponding technical field may understand it and carry it out.
23  T h e
description shall specify:
• The technological sector to which the invention refers or relates;
• the prior art known to the applicant that may be useful for the understanding
and examination of the invention, and a reference to earlier documents andpublications concerning the same technology;
                                                     
23 Article 22 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
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Page 25
• a description of the invention in terms that permit the technical problem and
the solution provided by the invention to be understood, with an explanation
of the differences and possible advantages in relation to the earlier
technology;
• an explanation of the drawings, if applicable;
• a description of the best method known to the applicant of carrying out the
invention, which shall make use of examples and references to the drawings,
if any;
• a description of the manner in which the invention is industrially applicable,
if this is not obvious from the description or nature of the invention.
(2) Where the invention relates to a product or process concerning biological material
that is not available to the public, and the invention cannot be described in such a way
as to be understood and carried out by a person trained in the technical field
concerned, the description shall be supported by the deposit of a sample of that
material.  The deposit of the material shall be made with an institution inside or
outside the country that is recognized by the Intellectual Property Registry.  Thedeposit shall take place no later than the filing date of the application in Nicaragua or
the priority date where applicable.
If the deposit has been made, it shall be mentioned in the description together with
the name and address of the depositary institution, and the deposit date and numberassigned to it by that institution.
24
(3) For the purposes of the patentability examination, the applicant shall, at the request of
the Intellectual Property Registry, provide the following, with the corresponding
translation:25
• A single copy of the foreign application and the results of the novelty and
patentability examination conducted in relation to that application;
• a single copy of the patent or other title of protection granted by the patent
office of the issuing country.
Where necessary for a better decision on a patent application or on the validity of a granted
patent, the Intellectual Property Registry may at any time request the applicant or patent
owner to submit a copy of any decision or ruling that has rejected, refused, revoked, cancelled
or invalidated the foreign application or the patent or other title of protection granted thereon.
Where the applicant who has the required information or document at his disposal does not
comply with the request that he submit it within  the period specified in the notification, which
shall be three months from the date of notification, the patent applied for shall be refused.  At
the request of the applicant or ex officio , the Intellectual Property Registry may suspend the
processing of the patent application where any document that should be submitted under this
provision is still pending before a foreign authority.
                                                     
24 Article 19(j) and Article 22 of Law No.354 on Patents, Utility Models and Industrial Designs.
25 Article 35 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 26
The applicant may submit observations and comments on any information or document
supplied pursuant to this Article.  Where necessary or where there is reasonable doubt as to
the legitimacy of a document, the Intellectual Property Registry may request that it belegalized or authenticated.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Law No. 354 on Patents, Utility Models and Industrial Designs provides the following
limitations on exclusive rights:
26
(1) A patent shall not confer the right to prohibit the following acts:
(a) Those conducted in a private circle and for non-commercial purposes, and
also those conducted solely for the purposes of experimentation in relation tothe subject matter of the patented invention;
(b) those performed exclusively for teaching or scientific or academic research
purposes in relation to the subject matter of the patented invention, and those
referred to in Article 5 ter of the Paris Convention for the Protection of
Industrial Property;
(c) where the patent protects biological material capable of being reproduced, the
use of that material as a starting point for producing viable new biological
material, except where the production of that material requires repeated use ofthe patented material;
(d) where the patent protects reproductive or vegetative propagating material,
reproduction or propagation by a farmer of the product obtained from the
protected material, and the marketing of that product for agricultural and
livestock use or for human consumption, in so far as the product has been
obtained on that farmer's farm and the reproduction or propagation takesplace also on that farm.
(2) The patent does not confer the right to prohibit a third party from engaging in
commercial acts in relation to a product protected by the patent after that product has
been brought on to the market in any country by the owner of the patent or by anotherperson who has the owner's consent or is economically connected with him.  Two
persons shall be considered economically connected where one of them can exert a
direct and decisive influence on the other with respect to the working of the patent, or
where a third party can exert such influence on both persons.
Where the patent protects biological material capable of reproduction, the patent shall
not extend to material obtained by multiplication or propagation of the material that is
brought on to the market as provided in the previous paragraph, in so far as the
multiplication or propagation is the necessary consequence of the use of the material
for the purposes for which it was brought on to the market, and the material resultingfrom that use is not used for multiplication or propagation purposes.
                                                     
26 Articles 46 to 48 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 27
(3) The rights conferred by a patent may not be asserted against a person who, in good
faith, prior to the filing date or, where applicable, the priority date of the
corresponding patent application, was already manufacturing the product or using the
process constituting the invention in the country, or had made genuine and effectivepreparations for such manufacture or use.  That person shall have the right to continue
to manufacture the product or use the process as before, or to start the manufacture or
use that he had planned.  That right may only be assigned or transferred together with
the business or establishment in which the manufacture or use was taking place or
intended to take place.  This exception shall not be applicable where the person
wishing to avail himself of it obtaine d knowledge of the invention through an
unlawful act.
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Under Nicaraguan law, the use of a patent may be authorized without the owner's consent for
reasons of public interest or a national emergency or to remedy any anti-competitive practice.  The
authorization granted in such cases is  subject to the following conditions:
(a) Authorization to use a patented invention without the consent of the right holder shall
be considered on a case-by-case basis;  consequently, the corresponding decision
must set out the conditions necessary for the licence to fulfil its purpose
27;
(b) a person requesting a compulsory licence must prove (1) that he has previously
applied to the owner of the patent for a contractual licence;  and (2) that he has been
unable to obtain such a licence on reasonable terms and conditions28;
(c) the scope and duration of the licence and the activities for which it is granted shall be
limited to those purposes cited as grounds for the granting of the licence29;
(d) where a licence is requested for a patent that protects any kind of semi-conductor
technology, the licence shall only be granted for non-commercial public use or to
remedy a practice that has been declared anti-competitive30;
(e) a compulsory licence may not be granted on an exclusive basis nor be subject to
assignment or sublicensing and it may only be transferred together with the businessor establishment or part thereof that is exploiting the licence
31;
(f) compulsory licences shall be granted mainly for the purpose of supplying the
domestic market32;
(g) compulsory licences may be revoked at the request of any interested party if the
circumstances that caused the licence to be granted no longer exist and are unlikely to
                                                     
27 Article 55(c) of Law No. 354 on Patents, Utility Models and Industrial Designs.
28 First paragraph of Article 52 of Law No.354 on Patents, Utility Models and Industrial Designs.
29 Article 55(a) of Law No. 354 on Patents, Utility Models and Industrial Designs.
30 Last paragraph of Article 51 of Law No. 354 on Patents, Utility Models and Industrial Designs.
31 Second paragraph of Article 53 of Law No. 354 on  Patents, Utility Models and Industrial Designs.
32 Article 53 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 28
recur, in which case the necessary measures shall be taken to give proper protection
to the legitimate interests of the licensee affected by such revocation33;
(h) when a compulsory licence is granted, the amount and form of the payment by the
licensee shall be specified.  The amount of the payment shall be determined
according to the circumstances of the case and the economic value of the licence.
The obligation to make payment is one of the provisions included in the decision
granting the licence.  If the licensee fail s to comply with this requirement, the
compulsory licence may be revoked34;
(i) in the case of licences in respect of dependent patents, the following requirements
must also be met:
(i) Licences shall only be granted where the invention claimed in the later patent
represents a technical advance of considerable economic importance in
relation to the invention claimed in the earlier patent;
(ii) a compulsory licence to exploit the earlier patent may only be assigned
together with the later patent;  and
(iii) the owner of the earlier patent may under the same circumstances obtain a
compulsory licence to exploit the invention claimed in the later patent.35
(j) in all cases, the decision of the Intellectual Property Registry may be the subject of
the appeals36 specified in Nicaragua's legislation, including judicial review through
administrative litigation channels.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time"?  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
A person seeking a compulsory licence must prove (1) that he has previously applied to the
owner of the patent for a contractual licence;  and (2 ) that he has been unable to obtain such a licence
on reasonable terms and conditions.37
Regarding the expression "reasonable terms", the competent authority shall determine it in the
light of the circumstances applicable in each case.
The first paragraph of Article 53 of Law No. 354 on Patents, Utility Models and Industrial
Designs indicates that a compulsory licence shall be granted mainly to supply the domestic market.This provision is in conformity with Article 31(f) of the TRIPS Agreement.
                                                     
33 Article 56 of Law No. 354 on Patents, Utility Models and Industrial Designs.
34 Articles 53, 55(b) and 56 of Law No.354 on Patents, Utility Models and Industrial Designs.
35 Article 54 of Law No. 354 on Patents, Utility Models and Industrial Designs.
36 Article 98 of Law No. 354 on Patents, Utility Models and Industrial Designs.
37 First paragraph of Article 52 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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36. Please state if your legislation grants addi tional protection for innovations after the 20
years of patent protection has lapsed.
The term of protection for patents is twenty (20) years without the possibility of renewal.38
No provision exists permitting the term of protection to be extended.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
According to the patent law that existed when Law No. 354 on Patents, Utility Models and
Industrial Designs came into force, these are governed by the provisions contained in the previouslegislation;  however, where the term of protection was less than twenty (20) years and the invention
has not fallen into the public domain, the owner of the patent may request that the term of the patent
specified in the current legislation be extended.
39
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
 Article 109 of Law No. 354 on Patents, Utility Models and Industrial Designs provides the
following:
"Where the subject matter of a patent is a process for obtaining a new product and the product
has been made by a third party, it shall be presumed, in the absence of proof to the contrary,
that the product has been made using the patented process.
In the submission of any proof to the contrary, due regard shall be had to the legitimate
interests of the defendant regarding the protection of his business secrets."
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Law No. 324 on the Protection of Layout-Designs of Integrated Circuits, published in the
official journal La Gaceta of 1 February 2000 constitutes the relevant framework legislation whose
implementation is the responsibility of the Directorate of the Intellectual Property Registry.
According to the provisions of this Law, a layout-design shall be protected if it is original,
meaning that it must be the result of the personal intellectual effort of its creator and not be in
common use in the integrated circuit industry at the time of its creation.  A design shall also beprotected when it is composed of one or more elements in common use in the integrated circuit
industry if the combination of those elements as a whole was original at the time of its creation.
40
An original layout-design, whether or not incorporated in a integrated circuit, is protected
when it has not been commercially exploited anywhere in world, unless the application forregistration in Nicaragua is filed within two years of the date of the first commercial exploitation.
41
                                                     
38 Article 38 of Law No. 354 on Patents, Utility Models and Industrial Designs.
39 Articles 38 and 135(a) of Law No. 354 on Patents, Utility Models and Industrial Designs.
40 Article 4 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
41 Article 6 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 30
The right to protection belongs to the designer or, if applicable, to his successor in title.
However, if the layout-design was created under a work  or services contract drawn up for that purpose
or in the course of an employment relationship, the right shall belong to the person who
commissioned the work or service or to the employer, as applicable, unless otherwise provided in thecontract.  Where the layout-design has been made by two or more persons jointly, the right shall
belong to all of them collectively.
42
This exclusive right gives the right holder the authority to prevent third parties from engaging
in any of the following activities:
(a) Reproducing all or part of a protected layout-design considered to be original
pursuant to Law No. 324 by incorporating it in an integrated circuit or by any other
means;  and
(b) importing, selling or distributing, in any way, the protected layout-design or an
integrated circuit containing the design, or an article that contains such an integratedcircuit incorporating the protected layout-design.
43
The exclusive right of the owner of a protected design shall have no effect whatever against
any third party that:
(a) Reproduces the layout-design or the integrated circuit incorporating it if this is done
for private purposes or for purposes of evaluation, analysis or research,
experimentation or teaching;
(b) on the basis of the evaluation or analysis of a protected layout-design, creates a new
layout-design that meets the criterion of originality established in the Law;
(c) has independently created an original layout-design identical to the protected layout-
design;
(d) engages in the activities referred to in Article 8(b) of the Law without the
authorization of the right holder with respect to protected layout-designs, integratedcircuits incorporating them or to articles containing such integrated circuits after they
have been lawfully introduced into trade in any country, either by the right holder or
by any other person with his consent;
(e) engages in the activities referred to in Article 8(b) of the Law with respect to an
integrated circuit that incorporates an unlawfully reproduced layout-design or an
article containing such an integrated circuit, if the person who commits the act was
unaware and had no reasonable grounds for knowing at the time of obtaining the
integrated circuit or article in question, that it incorporated a protected layout-design
that had been unlawfully reproduced;  or
(f) performs the acts referred to in Article 5 of the Paris Convention.
44
In the situation described in subparagraph (e) above, after the third party who acted in good
faith has been informed that the layout-design has been unlawfully reproduced, at the request of the
                                                     
42 Article 5 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
43 Article 8 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
44 Article 9 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 31
holder of the exclusive right, he shall be required to pay compensation equivalent to the royalty that
would have been payable under a contractual licence in order to dispose of the stocks of the products
or the stock ordered prior to the notification.
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
The exclusive right of the owner of a protected design shall have no effect against any third
party that:
(a) Reproduces the layout-design or the integrated circuit incorporating it if this is done
for private purposes or for purposes of evaluation, analysis or research,
experimentation or teaching;
(b) on the basis of the evaluation or analysis of a protected layout-design, creates a new
layout-design that meets the criterion of originality established in the Law;
(c) has independently created an original layout-design identical to the protected layout-
design;
(d) engages in the activities referred to in Article 8(b) of the Law without the
authorization of the right holder with respect to protected layout-designs, integrated
circuits incorporating them or to articles containing such integrated circuits after they
have been lawfully introduced into trade in any country, either by the right holder orby any other person with his consent;
(e) engages in the activities referred to in Article 8(b) of the Law with respect to an
integrated circuit that incorporates an unlawfully reproduced layout-design or an
article containing such an integrated circuit, if the person who commits the act was
unaware and had no reasonable grounds for knowing at the time of obtaining the
integrated circuit or article in question, that it incorporated a protected layout-designthat had been unlawfully reproduced;  or
(f) performs the acts referred to in Article 5 of the Paris Convention.
45
In the situation described in subparagraph (e) above, after the third party who acted in good
faith has been informed that the layout-design has been unlawfully reproduced, at the request of the
holder of the exclusive right, he shall be required to pay compensation equivalent to the royalty that
would have been payable under a contractual licence in order to dispose of the stocks of the products
or the stock ordered prior to the notification.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
The right conferred by registration of a layout-design shall have no effect against any third
party who imports, sells or distributes in any way an integrated circuit that incorporates an unlawfully
                                                     
45 Article 9 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 32
reproduced layout-design or an article containing such an integrated circuit if the person who commits
the act was unaware or had no reasonable grounds for knowing at the time of obtaining the integrated
circuit or article in question that it incorporated a protected layout-design that had been unlawfully
reproduced.
Without prejudice to the foregoing provision, after the third party who acted in good faith has
been informed that the layout-design has been unla wfully reproduced, at the request of the holder of
the exclusive right, he shall be required to pay compensation equivalent to the royalty that would have
been payable under a contractual licence in order to dispose of the stocks of the products or the stock
ordered prior to the notification.46
42. Please state the term of protection granted by your legislation to topographies.
The exclusive right of the owner acquired through registration of a design shall have a term of
10 years as of the date of filing the application.47
H. PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
Pursuant to Nicaraguan legislation, business secrets are protected indefinitely if they comply
with the two criteria to be considered as such:
(a) The information, as whole or in the particular configuration and combination of its
components, is not generally known or readily accessible to persons in those circles
that normally handle such information;
(b) the information has been subject to reasonable precautions taken by its legitimate
possessor with a view to keeping it secret.48
44. Please explain how your legislation defines undisclosed information.
The Article of Law No. 354 on Patents, Utility Models and Industrial Designs defines a
business secret as "any confidential information possessed by a natural person or legal entity that
meets the conditions specified in this Law".
Article 122 of the Law also provides that:
"A business secret shall be considered such provided that the information:
(1) As whole or in the particular configuration and combination of its components, is not
generally known or readily accessible to persons in those circles that normally handle
such information;
(2) has been subject to reasonable precautions taken by its legitimate possessor with a
view to keeping it secret."
                                                     
46 Article 8(b) and Article 9(e) of Law No.324 on the Protection of Layout-Designs of Integrated
Circuits.
47 Article 7 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
48 Article 122 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Under Article 125 of Law No. 354 on Patents, Utility Models and Industrial designs, where
the national competent authority requires the submission of data or secrets to authorize the marketing
or sale of a pharmaceutical or agrochemical product that contains a new chemical compound, those
data or secrets shall be protected against unfair commercial use in dealings with third parties and
against disclosure.  Nevertheless, the national competent authority may disclose them where
necessary to protect the public or where adequate measures have been taken to ensure that the data or
information remain protected against unfair commercial use.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
With regard to the procedures for the enforcement of intellectual property rights required by
Article 41.1 of the TRIPS Agreement, Nicaraguan legislation provides criminal and civil proceedings
to allow the owner of an intellectual property right to take effective action if his rights are infringed.
Nicaragua applies the provisions contained in its substantive law, special laws on copyright
and related rights49;  trademarks and other distinctive signs50;  patents, utility models and industrial
designs51;  programme-carrying satellite signals52;  layout-designs of integrated circuits;  and new
plant varieties;  as well as the rules on proceedings in the Code of Civil Procedure (CCP) and the
Code of Criminal Investigation (CCI).
Measures that may be ordered by the judicial authorit ies, and legislative or judicial criteria governing
their application
• 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:53
(a) Cessation of the acts that constitute the infringement;
                                                     
49 Articles 106 and 107 of Law No. 312 on Copyright and Related Rights.
50 Article 102 of Law No. 380 on Trademarks and Other Distinctive Signs.
51 Articles 131 and  132 of Law No. 354 on Patents, Utility Models and Industrial Designs.
52 Article 35 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.
53 Articles 106 and 107 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 34
(b) compensation for damages;
(c) withdrawal from commercial channels of products resulting from the infringement
and of materials and means used predominantly to commit the infringement;
(d) prohibition on the import or export of the products, materials or means;(e) adjudication of the ownership of the products, materials or means referred to in
subparagraph (c) above, in which case the value of such goods shall be included in
the compensation for damages;
(f) destruction of the products, materials or means used to commit the infringement, and
other measures necessary to prevent the continuation or repetition of the
infringement;
(g) publication of the verdict and notification of interested parties at the infringer's
expense.
The following criteria, inter alia , shall be used to calculate the amount of compensation for
damages:
(a) The profits lost by the right holder as a consequence of the infringement;
(b) the profits earned by the infringer as a result of the infringing acts;(c) 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 would
have paid for a contractual licence.
In copyright and related rights cases
54, measures may be adopted to ensure the cessation of the
unlawful activity and compensation for moral and material damage.
Cessation of the unlawful activity may include:(a) Prohibition on engaging in the acts that constitute such activity;(b) withdrawal of unlawful copies from circulation and their destruction;
(c) seizure of the equipment used and its transfer to associations of authors and
performers.
The moral right of the author shall be understood to have been infringed by the impairment of
any of the author's powers and by the violation of an y right of exclusive exploitation in the works.  In
both cases, irrespective of material damage, the author is entitled to compensation for moral damage,
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 shall be taken into account.
In determining the material damage, the followin g, in particular, shall be taken into account:
                                                     
54 Articles 97 to 101 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 35
(a) The profits which the injured party would presumably have earned if there had been
no infringement;
(b) the remuneration he would have received if he had authorized the use;  and(c) 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
shall be equitably adjusted by the court.
Whatever the nature of the damages, the compensation shall 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
55, without prejudice to any criminal penalties, the
holder, his successor in title or representative may request from the court:
(a) Cessation of the unlawful activity;
(b) prohibition on its resumption;
(c) payment of compensation for damage and injury caused by the infringement of the
right;
(d) withdrawal from trade of the unlawful copies and their transfer to the holder of the
infringed rights, if he so requests, or their destruction;
(e) that the products resulting from the unlawful act, the equipment or systems used to
commit it and the materials used for the infringement be rendered useless or disabled
if they cannot be used for lawful purposes, and, if necessary, their destruction;
(f) payment of the costs of the proceedings by the infringer;
(g) 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.
Compensation for damages shall be fixed in accordance with the provisions for the
determination of material damages in Law No. 312 on Copyright and Related Rights.
Law No. 318 on the Protection of New Plant Varieties56 incorporates by reference the
provisions laid down in Law No. 354 on Patents, Utility Models and Industrial Designs.
                                                     
55 Article 28 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals and Article 25
of  Decree No. 44-2000 containing the Regulations implementing Law No. 322.
56 Article 79, Law No. 318 on Plant Varieties.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 36
Provisional measures
- Industrial property
In accordance with the Law on Patents57, the following provisional measures may be ordered
inter alia :58
• Immediate cessation of the acts that constitute the infringement;
• seizure or sequestration of the products resulting from the infringement and the
materials and means used predominantly for committing the infringement;
• suspension of the import or export of the products, materials or means mentioned in
the previous subparagraph;
• provision of security or other guarantee deemed sufficient by the competent judicial
authority;
• disclosure of documents.
The Law also covers border measures.59
The Law on the Protection of Layout-Designs of Integrated Circuits envisages measures of
this kind.60
The Law on Trademarks and Other Distinctive Signs61 likewise provides for precautionary
measures, including:62
• Immediate cessation of the acts constituting the infringement;
• seizure or sequestration of the products, containers, packaging, labels, printed or
advertising material and other materials displaying the sign alleged to be infringing
and any materials or means used predominantly to commit the infringement;
• suspension of the import or export of the products, materials or means referred to in
the previous subparagraph;
• border measures.63
                                                     
57 Article 113 of Law No. 354 on Patents.
58 Third paragraph of Article 113 of Law No. 354 on Patents:  This mentions certain precautionary
measures by way of illustration, which allows the judicial authority to adopt other measures, for example, theinspection of equipment, installations and moveables and immoveables.  It may also adopt other precautionarymeasures allowed by the Code of Civil Procedure (Article 2000, paragraph 5 thereof).
59 Articles 118 to 120 of Law No. 354 on Patents.
60 Article 24 of Law No. 324 on Integrated Circuits.
61 Article 143 of Law No. 380 on Trademarks and Other Distinctive Signs.
62 Article 143 of Law No. 380 on Trademarks and Other Distinctive Signs. This mentions certain
precautionary measures by way of illustration, which allo ws the judicial authority to adopt other measures, for
example, the inspection of equipment, installations and moveables and immoveables.  It may also adopt otherprecautionary measures allowed by the Code of Ci vil Procedure (Article 2000, paragraph 5 thereof).
63 Articles 147 to 152 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 37
The Law on the Protection of New Plant Varieties64 provides for the ordering of the following
provisional measures inter alia :
• Immediate cessation of the acts constituting the infringement;
• withdrawal from or prevention of entry into  circulation of the new plant varieties or
propagating material that infringes rights protected by the Law;
• withdrawal from circulation of objects, wr apping, containers, stationery, advertising
material 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
or means used predominantly to commit the infringement;
• suspension of the exploitation of the products, materials or means referred to in the
previous subparagraphs;
• provision of security or other guarantee deemed sufficient by the competent judicial
authority;  and
• presentation of documents or moveables.
- Copyright and related rights
The Law on Copyright and Related Rights65 includes provisional protection measures that
may be necessary in the circumstances in order to assure the urgent safeguarding of rights, in
particular, the prohibition or suspension of the infringing activity, the sequestration of any copiesreproduced or used in connection with the infringing activity and of any associated tools, together
with any revenue obtained as a result of the infrin ging activity.  Similarly, under this legislation, the
parties may request judicial examination of the evidence.
66
The Law on the Protection of Programme-Carrying Satellite Signals67 stipulates that, without
prejudice to the precautionary measures for which the ordinary legislation provides, the judicial
authority may order the following inter alia :
• Immediate suspension of the infringing activity;
• sequestration of everything that constitutes violation of the right or has been used for
the infringement;
• seizure of revenue from the unlawful activity and, where applicable, of the amounts
owed by way of remuneration;
• presentation and confiscation of documents and other moveables;
                                                     
64 Article 81 of Law No. 318 on Plant Varieties.
65 Article 102 of Law No. 312 on Copyright.
66 Paragraph 3 of Article 103 of Law No. 312 on Copyright.
67 Articles 31 and 33 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 38
• inspection of equipment, installations and immoveables;
• 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 thecomments on a patent application.
68
Circumstances in which measures may be imposed
The copyright and related rights legislation69 establishes the following circumstances:  when
any delay might cause irreparable injury to the applicant or where there is a demonstrable risk that
evidence of the violation or the revenue from the infringing activity whose deposit has been requestedmight be destroyed or made 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 legal action or the payment of damages.
70
Procedure for the adoption of provisional measures
Any person who initiates or intends to initiate a legal action for infringement of a right
protected under the corresponding law may ask the competent judicial authority to order immediate
precautionary measures for the purpose of preventing the infringement, avoiding its effects, obtaining
or preserving evidence, or ensuring the effectiveness of the legal action or the payment of
compensation for damages.
Precautionary measures may be sought prior t o, in conjunction with or subsequent to the
initiation of the legal action for infringement.
A precautionary measure will only be ordered if the person requesting it can prove his lawful
right of action and the existence of the infringed right.  The competent judicial authority will require
the person requesting the measure to provide sufficient assurance (security) in accordance with the
Code of Civil Procedure.  Once measures have been executed, in order to maintain them in effect the
corresponding application must be made within the legal term, for example, in the case of patents71,
trademarks, integrated circuits and new plant varieties within fifteen (15) working days of theimposition of the measure.  The period applicable to copyright and related rights
72 is twenty (20) days
                                                     
68 Article 98 of Law No. 354 on Patents.
69 Paragraph 2.2 of Article 103 of Law No. 312 on Copyright.
70 Articles 113 and 115 of Law No. 354 on Patents;  Articles 143 and 145 of Law No. 380 on
Trademarks and Other Distinctive Signs;  Article 24 of Law No. 324 on Integrated Circuits;  Articles 30 and 33of Law No. 322 on Satellite Signals;  Articles 81 and 83 of Law No. 318 on New Plant Varieties.
71 Article 116 of Law No. 354 on Patents;  Article 145 of Law No. 380 on Trademarks;  Article 84 of
Law No. 318 on New Plant Varieties;  Article 24 of Law No. 324 on Integrated Circuits;  and Articles 102 and103 of Law No. 312 on Copyright.
72 Article 104 of Law No. 312 on Copyright.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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from adoption.  In the case of programme-carrying satellite signals73, the period is thirty (30)
consecutive days from application or imposition.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
In all cases, the appeals specified in the relevant domestic legislation may be lodged against
final administrative decisions, including judicial review in administrative matters.74
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensurethe protection of confidential information.
The competent judicial authorities have the authority to order the presentation of documents
and moveables within the control of the parties, pursuant to the Code of Civil Procedure.
75
Protection of confidential information
In Nicaragua's legislation, this type of information is protected by keeping it secret, outside
the proceedings.  The evidence must also remain under the responsibility of the judge.76
Moreover, the special intellectual property laws stipulate that the judicial authorities may do
whatever is necessary to protect confidential information, where appropriate.
The provisions are contained in Law No. 35477 on Patents, Utility Models and Industrial
Designs;  Law No. 38078 on Trademarks and Other Distinctive Signs;  the Regulations of Law
No. 31279 on Copyright and Related Rights;  and the Regulations of Law No. 318 on the Protection of
New Plant Varieties.80
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
All the laws that protect the various types of intellectual property mentioned in the TRIPS
Agreement provide that the owner of a protected ri ght may request the judicial authorities to order
cessation of the infringing act and for this purpose judges are empowered to:
(a) Prohibit the performance of acts that constitute the infringement;
(b) withdraw the unlawful products from trade and order their destruction;  and seize the
equipment used to commit the infringement.81
                                                     
73 Article 34.2 of Law No. 322 on Satellites.
74 Law No. 350 Regulating the Administrative Litigation Jurisdiction, of 11 July 2000, published in the
official journal La Gaceta Nos. 140 and 141 of 25 and 26 July 2000.
75 Articles 921 to 930 and Article 1166 of the Code of Civil Procedure.
76 Article 97 and Article 1109 of the Code of Civil Procedure.
77 Article 120 of Law No.354.
78 Article 150 of Law No.380.
79 Articles 37 and 52 of the Regulations of Law No.312.
80 Article 40 of Law No.318.
81 Articles 97 and 98 of the Law on Copyright and Related Rights;  Article 106(a) of the Law on
Patents, Utility Models and Industrial Designs;  Article 98(a) of the Law on Trademarks and Other Distinctive
Signs;  Article 28.1 of the Law on the Protection of Programme-Carrying Satellite Signals;  Article 24 of theIP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
An order requiring the infringer to pay damages must be in the form of a court ruling.  In
general, Nicaragua's legislation provides that any person who causes injury is obliged to repair it, in
conformity with Article 2509 of the Civil Code.  In addition, each of the intellectual property laws
provides for the payment of damages by the infringer.  For example, Articles 97 to 101 of the
Copyright Law;  Articles 84, 96, 98, 99 and 143 of th e Trademark Law;  Articles 106 to 112 of the
Patent Law, which apply to the Laws on the Protecti on of Integrated Circuits and New Plant Varieties;
Article 28 of the Law on Satellite Signals as well as the provision in the Copyright Law.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
The provisions mentioned in the reply to the previous question also order payment of costs,
deemed to be injury caused to the right holder.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
By means of precautionary measures, which can be imposed with the assistance of the police.
See the reply to question 46 above.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
The aforementioned Article 2509 of the Civil Code, mentioned in the reply to question 50
above.
This provision applies to all cases in which judicial action is brought, whether criminal or
civil.  The intellectual property laws contain a similar rule in the following provisions:
• Article 103 of the Copyright Law;
• Article 114 of the Law on Patents, Utility Models and Industrial Designs;
• Article 144 of the Law on Trademarks and Other Distinctive Signs;  and
• Article 82 of the Law on the Protection of New Plant Varieties.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Nicaragua's legislation implements Article 50 of the TRIPS Agreement through the adoption
of precautionary measures, which are explained in detail in the reply to question 46 above.
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customsauthorities.
                                                                                                                                                                    
Law on the Protection of Layout-Designs of Integrated Circuits, which refers to the protection mechanisms
provided in the Patent Law;  and Article 79 of the Law on the Protection of New Plant Varieties, which refers to
the protection mechanisms provided in the Patent Law.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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In accordance with Nicaragua's legislation, requests to suspend the release of imports must be
made to the competent judicial authorities, in this case Civil District Judges.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
The Laws on Trademarks and on Patents (the latter applies to plant varieties and integrated
circuits as well) provide procedures for the adoption of border measures.82  In addition, a judge may
order suspension, either in the form of a precautionary measure or in a ruling.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Nicaragua's intellectual property laws contain the following provisions allowing the
competent judicial authorities to order the destruction of goods that infringe a protected right:Article 98(2) of the Law on Copyright and Related Rights;  Article 106(f) of the Law on Patents,
Utility Models and Industrial Designs;  Article 98(f) of the Law on Trademarks and Other Distinctive
Signs;  Article 28(4) of the Law on the Protection of Programme-Carrying Satellite Signals;  and
Article 24 of the Law on the Protection of Layout-Designs of Integrated Circuits, which refers to the
protection mechanisms provided in the Patent Law.
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
There is no special provision in this regard.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Nicaragua's intellectual property legislation establishes penalties for the infringement of
rights, together with appropriate fines:
Law on Patents (Articles 131 and 132)
A person who carries out any of the following ac ts shall be liable to a term of imprisonment
of two to four years and a fine  of 5,000 Central American pesos83, equivalent to US$ 5,000:
(a) Presents a product as a patented product or a product protected by a utility model or
an industrial design when in fact it is not;
(b) claims ownership of a patent, utility model or industrial design before a third party
without the corresponding right or if the right is not yet valid.
A person who carries out any of the following ac ts shall be liable to a term of imprisonment
of four to six years and a fine of 8,000 Central American pesos84, equivalent to US$ 8,000:
                                                     
82 Article 148 of Law No. 380 on Trademarks and Other Distinctive Signs;  Articles 117 to 120 of Law
No. 354 on Patents, Utility Models and Industrial Designs.
83 The Central American peso is a currency unit with the following rate of exchange:  one Central
American peso equals one United States dollar.
84 The Central American peso is a currency unit with the following rate of exchange:  one Central
American peso equals one United States dollar.IP/Q/NIC/1, IP/Q2/NIC/1,
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(a) Counterfeits wilfully and on a commercial scale;
(b) discloses to a third party a business secret known to him by virtue of his work,
position, or the exercise of his profession, or his business relations, or the granting of
a licence, without the consent of the person to whom the business secret belongs;
(c) acquires a business secret improperly and without the consent of the person to whom
the business secret belongs or the authorized user, in order to use it or disclose it to a
third party, for the purpose of obtaining a personal economic benefit or for a third
party, or for the purpose of harming the interests of the person to whom the businesssecret belongs or the authorized user;
(d) makes use of information contained in an industrial secret which became known to
him by virtue of his work, position, or the exercise of his profession or his business
relations, without the consent of the person to whom the secret belongs or theauthorized user, or which was disclosed to him by a third party, while he was aware
that such disclosure was not made with the consent of the person to whom the secret
belongs or the authorized user, for the purpose of obtaining an economic benefit or
harming the interests of the person to whom the secret belongs or the authorized user;
(e) manufactures products that are patented or  protected by utility models or industrial
designs or makes use of patented processes without the consent of the right holder or
without the corresponding licence or authorization;
(f) imports, distributes or markets products covered by a patent or protected by utility
models or industrial designs, while being aware that they were manufactured or
produced without the consent of the right holder or without the corresponding licence
or authorization.
Copyright and related rights (Articles 106 to 112)
A person who infringes the rights of an author, performer, phonogram producer or
broadcasting organization shall be liable to a term of imprisonment of one to two years and the
corresponding fine in the following cases:
(1) 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 ofconfusion between the two.
(2) Making any translation, arrangement of other transformation of the work without the
written authorization of its author or the right holder.
(3) Publicly communicating all or part of a work or phonogram in any form or by any
process, whether in its original or an altered form, without the written authorization of
the author or right holder.
(4) Distributing copies of a work or phonogram by means of sale, rental, import or any
other method of distribution without th e authorization of the right holder.
(5) Retransmitting or distributing a radio or television broadcast, by any wire or wireless
means, without the authorization of the right holder.IP/Q/NIC/1, IP/Q2/NIC/1,
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(6) 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 authorizationperiod has expired.
(7) Where a person falsely attributes to himself original or derived ownership of any
copyright or related 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.
(8) Where a 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 whomsoever:
(1) Reproduces or copies all or parts of works or phonograms by any means or process,
whether in the original or an altered form, without the written authorization of the
right holder.
(2) Imports, stocks, distributes, exports, sells, offers for sale, holds, hires out, or
otherwise places in circulation unlawful reproductions of works or phonograms.
(3) Registers in the Copyright Registry the work, performance or production of another
as if it were his own or that of a person other than the true author or right holder.
(4) Reproduces, fixes or copies, by any means, all or part of a work, performance,
phonogram or radio or television broadcast, or imports, stocks, holds, distributes,
exports, sells, hires out or otherwise places in circulation such reproductions or
copies, without the written authorization of the right holder.
The penalties specified in the foregoing Articles may be increased by one third if the offences
are committed in respect of a work, performance or production that is not intended for disclosure, or
in the case of false appropriation of authorship, or if there is distortion, mutilation or some other
alteration that might be detrimental to the honour or reputation of a person protected by the Law.
In addition to the above-mentioned penalties, the court shall impose on the offender a fine of
3,000 to 25,000 córdobas
85, depending on the seriousness of the offence;  if the latter was a trader, the
court shall order his suspension, without prejudice to any civil liability.
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 payable by the infringer to the injured party for infringing his copyright
or related rights shall be at least equal to the selling price of a lawful copy multiplied by the number
                                                     
85 The córdoba is the Republic of Nicaragua's monetary unit whose present exchange rate is
C$13.2=US$1,  which means that the fines range from US$227.00 to US$1,990.00.IP/Q/NIC/1, IP/Q2/NIC/1,
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of unlawful copies seized.  In any case, the amount of indemnification shall not be less than the value
of 100 copies.
The following acts shall be considered unlawful and treated as an infringement of the rights of
the authors and other copyright holders:
(1) The manufacture or import, for sale or hire, of a device or means specially 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.
(2) The manufacture or import, 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.
(3) The unauthorized elimination or alteration of any information concerning rights
management presented in electronic form.
(4) The unauthorized distribution or import for distribution, broadcasting,
communication to the public or making available to the public of works,
performances, phonograms or broadcasts, while aware that information concerningrights management presented in electronic form has been eliminated or altered
without authorization.
(5) For the purposes of this Article "information concerning rights management" shall
mean information that makes it possible to identify the author, the work, theperformer, the performance, the phonogram producer, the phonogram, the
broadcasting 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 this Law and any number or 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 in
connection with the broadcasting, communication to the public or making available tothe public of a work, a fixed performance, a phonogram or 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 Patent Law are applicable to the Law on the Protection of Layout-
Designs of Integrated Circuits (Article 24).
Law on the Protection of Programme-Carrying Satellite Signals (Articles 35 to 37)
- Offences and penalties
A person who, without the prior written consent of the holder of the right in the broadcast
signal, commits any of the following acts shall be liable to a term of imprisonment of three to four
years:
(1) Retransmits or distributes to the public a programme-carrying signal, whether by
wireless means or via cable, optical fibre or other similar method.IP/Q/NIC/1, IP/Q2/NIC/1,
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(2) Decodes an encoded programme-carrying signal, whether transmitted by wire or
wireless means.
(3) Fixes and produces a protected broadcast for distribution to the public of copies
containing the reproduction.
(4) Participates in or contributes to the manufacture, assembly, modification, sale, hiring
out, installation or maintenance of - or placing in circulation by any other means - a
device or system that can be used to decode an encoded programme-carrying signal
or to enable or facilitate the reception of an encoded programme.
- Subsidiary penalties
Without prejudice to the criminal penalty prov ided in the previous Article, 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 to commit the offence or its
transfer 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 that have been punished for violations of this
Law;  application for suspension shall be made by the right holder who brought the criminal
proceedings by submitting a certified copy of the verdict to the regulatory authority.
- Precautionary measures in criminal proceedings
The competent court is authorized to order and enforce the precautionary 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 breed er's right and any infringement knowingly
committed shall constitute a punishable offence for the purposes of this Law.  In this case, the
arrangements, procedures and penalties laid down in the relevant legislation shall apply.
Law on Trademarks and Other Distinctive Signs (Articles 102 and 103)
- Criminal penalties for infringement
A person who, without the consent of the respective right holder, wilfully commits any of the
following offences shall be liable to three to six years' imprisonment or a fine of up to twenty-five
thousand Central American pesos ($CA25,000.00), equi valent to twenty-five thousand United States
dollars (US$25,000) or both penalties:
(a) Makes commercial use of a registered trademark or a facsimile or copy thereof, in
connection with products or services distinguished by that trademark;
(b) makes commercial use of a protected business name, title or emblem;IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 46
(c) 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;
(d) makes commercial use of a false or misleading appellation of origin with respect to a
product, even if the true origin of the product is indicated, or the appellation is used in
translation or accompanied by expressions such as "type", "kind", "style", "imitation"
or the like.
- Proceedings against the offences described
The offences specified in this Law may be prosecuted at the initiative of a competent
authority or upon the filing of a complaint by an in terested party, including any entity or organization
representing a group of producers or consumers.
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.
- Competent authorities
The District Criminal Court, the Public Prosecutor's Office and the Police.  They are required
to initiate proceedings on their own initiative and in response to complaints.
IV. REPLY TO THE QUESTION POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement .
Nicaragua does not have any exception for National Treatment and Most-Favoured-Nation
Treatment  in Copyright and Neighbouring Rights laws.
V. REPLIES TO THE QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Geographical indications and appellations of origin are protected under Nicaraguan law by
Article 2, Article 3 (paragraph 2), Article 7 (subparagraphs (i) and (j)), Article 8 (subparagraph (g))
and Articles 68 to 78 of Law No. 380 on Trademarks and Other Distinctive Signs of 26 March 2001.
The main provisions are as follows:
• A geographical indication may not be used in trade in connection with a product or
service if it is false or misleading with respect to the origin of that product or service,or if its use might create confusion amongst the public as to the origin, source, quality
or any other characteristic of the product or service in question;IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 47
• no indication that could lead to error or confusion regarding the geographical source
of products or services may be used in advertising or in commercial documentation
relating to the sale, display or offer of such products or services;
• marks containing such expressions as "class", "type", "style", "imitation", and so forth
may not be used in the registration of trademarks;  and
• any trader may show his name or address on the products he sells, even if they
originate in a different country, provided that that information is accompanied by a
clear indication, in sufficiently legible lettering, of the country or place of
manufacture or production of the goods, or any other indication sufficient to preclude
any error as to the goods' true place of origin.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist and how they
comply with Article 27 of the TRIPS Agreement.
Patent protection
Pursuant to Law No. 354 on Patents, Utility Models and Industrial of 19 September 2000,
patent protection is given to all inventions, whether of products or of processes, in all fields of
technology, provided that they meet the requirements of novelty an inventive step, and are industrially
applicable.
Subject-matter excluded from protection
Article 7 of Law No. 354 establishes that patents shall not be granted for animals, for
therapeutic, surgical or diagnostic methods applic able to human beings or animals, or for any
invention whose commercial exploitation has to be prevented in order to uphold public order or
morality, safeguard human, animal or plant health or life, or to protect the environment, provided that
such exclusion is not due to the fact that exploitation of the product is prohibited by any legal or
administrative provision.
In accordance with Article 6 of the Law, the following,  inter alia , do not constitute
inventions:
(a) Mere discoveries;(b) maternal or energy in the form in which they are found in nature;
(c) biological processes as they occur in nature, which do not require human intervention
in order to produce plants or animals, except for microbiological processes;
(d) scientific theories and mathematical methods;
(e) purely aesthetic creations;  literary and artistic works;  andIP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 48
(f) plans, principles, rules or methods pertaining to economics, advertising or business,
or those relating to purely mental or intellectual activities or the playing of games;
computer programs considered in isolation.
Protection of pharmaceutical products
In Nicaragua, patent protection is granted for any pharmaceutical product or process that
meets the requirements of novelty, an inventive step and industrial applicability, pursuant to Article 8
of the aforementioned law.
Protection of new plant varieties
Nicaragua affords special protection to new plant varieties, pursuant to Law No. 318 on the
Protection of New Plant Varieties of 2 May 2000, which is currently in force.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
Law No. 354 on Patents, Utility Models and Industrial Designs does not establish limitations
on the granting or maintenance of a patent or patent right because a good is produced locally orimported, so there is no provision on compulsory licensing in such cases.
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
In compliance with the provisions of the TRIPS Agreement, Law No. 354 on Patents, Utility
Models and Industrial Designs provides that in Nicaragua compulsory licences may be granted for
reasons of public interest or a national emergency, or to remedy an anti-competitive practice.  The
granting of such licences shall be su bject to the following conditions:
(a) Authorization to use a patented invention, without the consent of the right holder,
shall be considered on a case-by-case basis, consequently, the decision to grant a
compulsory licence shall specify the conditions necessary for the licence to achieve
its purpose (Article 55, subparagraph (c));
(b) any person requesting a compulsory licence shall prove:  (1) that he has previously
applied to the owner for a contractual licence;  and (2) that he has been unable to
obtain such a licence on reasonable terms and conditions (Article 52, first paragraph);
(c) the scope and duration of the compulsory licence, and the activities for which it is
granted, shall be limited to those purposes cited as grounds for the granting of thelicence (Article 55, subparagraph (a));
(d) where a licence is requested for a patent that protects any kind of semiconductor
technology, the licence shall only be granted for non-commercial public use or to
remedy a practice that has been declared anti-competitive (Article 51, last paragraph);
(e) a compulsory licence may not be granted on an exclusive basis, nor be subject to
assignment or sub-licensing and it may only be transferred together with the businessIP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 49
or establishment or part thereof that is exploiting the licence (Article 53, second
paragraph);
(f) compulsory licences shall be granted mainly for the purpose of supplying the
domestic market (Article 53, first paragraph);
(g) compulsory licences may be revoked at the request of any interested party if the
circumstances that caused the licence to be granted no longer exist and are unlikely to
recur, in which case the necessary measures shall be taken to give proper protection
to the legitimate interests of the licensee affected by such revocation (Article 56, first
paragraph);
(h) when a compulsory licence is granted, the amount and form of the payment to be
made by the licensee shall be specified.  The amount of the payment shall be
determined according to the circumstances of the case and the economic value of the
licence.  The obligation to make this payment is one of the provisions included in thedecision granting the licence.  If the licen see fails to comply with this requirement,
the compulsory licence may be revoked (Article 53, first paragraph; Article 55,
subparagraph (b);  and Article 56);
(i) in the case of licences in respect of dependent patents, the following requirements
must also be met:
• Licences shall only be granted when the invention claimed in the later patent
represents a technical advance of considerable economic importance inrelation to the invention claimed in the earlier patent;
• a compulsory licence to exploit the earlier patent may only be assigned
together with the later patent;
• the owner of the earlier patent may, under the same circumstances, obtain a
compulsory licence to exploit the invention claimed in the later patent(Article 54);
(j) in all cases, decisions made by the competent authority may be subject to review
through the courts (Articles 56 and 98).
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?
Article 109 of Law No. 354 on Patents, Utility Models and Industrial Designs provides as
follows:
"Where the subject-matter of a patent is a process for the making of a new product
and the product has been made by a third party, it shall be presumed, in the absence of proof
to the contrary, that the product has be en made using the patented process.
In the submission of any proof to the contrary, due regard shall be had to the legitimate
interests of the defendant regarding the protection of his business secrets."IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 50
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected againstdisclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does your
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Under Article 125 of Law No. 354 on Patents, Utility Models and Industrial Designs,
Nicaragua's legislation guarantees that data or se crets made known to the competent national authority
for purposes of authorizing the marketing or sale of pharmaceutical or agrochemical products
containing new chemical compounds shall be protected against unfair commercial use by third parties
and against disclosure.  Consequently, a second applicant may not make use of such data presented bythe first applicant as this would constitute unfair commercial use.
Exceptions
Pursuant to the second paragraph of Article 125, the competent national authority may
disclose information or data if necessary in order to protect the public, or if appropriate steps have
been taken to ensure that such information or data are protected against unfair commercial use.
Term of protection
No specific terms of protection are set under Nicaraguan legislation.
Follow-up questions:
A. Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State agency in the procedure for market authorization of a pharmaceutical or of anagricultural chemical product, please explain in detail if your legislation explicitly prohibits a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.
The information supplied to an administrative  authority to obtain authorization for the
marketing of a pharmaceutical or an agrochemical product may not be disclosed by the authorities
which received it, save where necessary to protect the public.  The foregoing means that the
authorities may not supply the second applicant with the information provided by the first applicant.
86
B. Does the responsible State agency require the same amount of data from the second
applicant as from the first applicant?
                                                     
86 Decree 6-99, Regulation to Law No. 292, Law on Drugs and Pharmacies, Article 24.3, page 558 of
the Official Journal La Gaceta , No. 24 of 4 February 1999.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 51
In order to obtain approval for the marketing of a pharmaceutical or agrochemical product, it
is necessary to prove that the product is harmless and, in the case of pharmaceutical products, also to
demonstrate the effectiveness of the product.87
In the case of pharmaceutical products, when authorization is requested for the marketing of a
product containing new substances not recognized in pharmacopoeias and approved lists of
pharmaceutical specialities, the applicant is required to submit toxicological studies88  which serve to
guarantee its safety under normal conditions of use, and in addition to provide data relating to the
planned duration of treatment.  Where the informa tion on effectiveness, safety and adverse reactions
of the active ingredients is recorded in pharmacopoeias and approved lists of pharmaceutical
specialities, submission of the above-mentioned studies is not required.  In all cases, theadministrative authority requires documentation certifying the qualitative and quantitative
composition of the product.
89
In the case of agrochemical products, information must be provided on the active ingredient,
the physical and chemical properties of the product and its effects.  Chemical pesticides must be thesubject of a favourable opinion issued by the sanita ry authorities, who proceed in accordance with the
terms of the previous paragraph, depending on whether or not the product contains a known active
ingredient.
D. E
NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
This question was fully answered by Nicaragua in the Check-list of Issues on Enforcement
circulated as document IP/N/6/NIC/1, in the reply to question 21 with respect to criminal matters andin the replies to questions 5 and 19 with respect to civil matters.
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
Legislative initiatives
Nicaragua currently has an initiative under way to put in place a new Criminal Code and a
new Code of Criminal Procedure, which both incorporate new provisions regarding enforcement.
Both draft texts are now before the National Assembly.
Institutional initiatives
In 1998, Nicaragua consolidated its intellectual property administrative structure, setting up a
single institution pursuant to Law No. 290 on the Organization, Competence and Procedures of the
Executive ( Ley de Organización, Competencia y Procedimientos del Poder Ejecutivo ), of
1 June 1998, and special legislation on intellectual property.  This has made it possible:
                                                     
87 Articles 21 and 22 of Law No. 292, Law on Drugs and Pharmacies (Official Journal La Gaceta ,
No. 103 of 4 June 1998).
88 Article 20 of Law No. 292, published in the Official Journal La Gaceta , No. 103 of 4 June 1998.
89 Article 20 of Law No. 292, published in the Official Journal La Gaceta , No. 105 of 4 June 1998, and
Article 23 of Decree No. 6-99, Regulation to Law No. 292, Law on Drugs and Pharmacies (Official Journal La
Gaceta , No. 24 of 4 February 1999).IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 52
• To foster effective and adequate protection for all intellectual property rights
(industrial property and copyright and related rights);
• to take effective action to guarantee the proper application of measures to enforce
intellectual property rights.
Noteworthy in the latter area is the seizure of discs, tapes and reproduction machinery and
equipment used by distributors and sellers of goods that infringe intellectual property rights, which
has received coverage in major Nicaraguan publicat ions.  By way of exampl e, we would cite the
coverage given in La Prensa  on 5 May 2001 (see<http://www.laprensa.com.ni/>), and public
awareness campaigns mounted by Nicaraguan authors and foreign business people aimed at putting an
end to piracy and the purchase of unlawful goods, pursuant to the Law on Copyright and RelatedRights.
Lastly, efforts have been under way since 1995 to promote training programmes for officials
of the Judiciary (magistrates, judges, Supreme Court advisers), the Legislature Branch (members of
the Commission on Education, News Media, Culture and Sport) and the Executive (police, customsservice, Ministry of Communications, Ministry of Development, Industry and Trade, Office of the
Adviser to the President, the Attorney General's O ffice), with the support of the World Intellectual
Property Organization (WIPO), the Permanent Secretariat of the General Treaty on Central American
Economic Integration (SIECA), the Swedish Intern ational Development Agency (SIDA), and others.
Training has also been extended to the education field.
VI. REPLIES TO THE QUESTIONS POSED BY THE UNITED STATES
A. G
ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most-favoured-nation treatment are provided  to nationals of other WTO Members.
Nicaragua grants all foreign nationals, in respect of all forms of intellectual property,
treatment that is no less favourable than that given to Nicaraguans in regard to the acquisition,
protection, enjoyment and defence of all intellectual property rights, inasmuch as nationality and placeof origin are not requisite criteria for the granting or enjoyment of rights.  Specific provisions in this
regard are laid down in the Law on Patents, Utility Models and Industrial Designs
90, the Law on the
Protection of Programme-Carrying Satellite Signals91 and the Law on the Protection of New Plant
Varieties.92  As for the Law on Copyright and Related Rights, the Law on the Protection of Layout-
Designs of Integrated Circuits and the Law on Trademarks and Other Distinctive Signs, these do not
contain any provision that imposes additional requirements or conditions on foreign nationals for
acquiring, maintaining or exercising the rights recognized in those Laws, which is consistent withArticle 3 of the TRIPS Agreement.
With regard to most-favoured-nation treatment, although the intellectual property laws do not
expressly incorporate it, this obligation forms part of the Nicaraguan legal system, as Nicaragua
applies the provisions of Article 4 of the TRIPS Agreement.  Such application is by virtue of the factthat the provisions of international treaties which Nicaragua has ratified and which do not require the
                                                     
90 Article 4 of Law No. 354 on Patents, Utility Models and Industrial Designs.
91 Article 2 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.
92 Article 4 of the Law on the Protection of New Plant Varieties.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 53
enactment of specific legislation – as is the case with Article 4 of the TRIPS Agreement – are fully
applicable, binding and enforceable, subject to any exemptions contained in the Article itself.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyrigh t law of Nicaragua complies with Article 9
of the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPS Agreement.
Nicaragua's Law No. 312, on Copyright and Related Rights meets the requirements in
Article 9 of the TRIPS Agreement, as well as those in Article 6 bis of the Berne Convention (1971).
All original literary and artistic creations are protected, regardless of their nature, or merit, or
present or future form.  The Law protects original  and derived works alike, in such a way that the
following original creations are considered to be independent works, without prejudice to any
copyright that may apply in respect of the original work:
• Compilations of literary, artistic or scientific works which, owing to the selection or
arrangement of their contents constitute intellectual creations;
• translations, adaptations and dubbed soundtracks;
• revisions, updates and annotations;
• musical arrangements;
• compendiums, digests and abstracts;  and
• any other creation that is the result of transforming an original work.
The following shall not be protected:
• Mathematical ideas, processes, methods or concepts;
• laws, government regulations, draft laws, minutes, agreements, deliberations and
decisions by public bodies and agencies, and official translations of such texts;
• rulings by the courts.
In Nicaragua, copyright includes moral and economic rights that give the author full control
over the work, and the exclusive right to exploit it, without any limitations other than those laid down
in the aforementioned Law.93
Economic rights are assignable and time-bound, and include the following:
• The right to reproduce the work, in whole or in part, permanently or temporarily, on
any type of medium;
                                                     
93 Articles 5 and 8 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 54
• the right of transformation;
• the right of translation;
• the right of adaptation;
• the right of communication to the public, for example:  (a) oration, (b) direct or
indirect performance, (c) public projection and exhibition or showing, (d) digital or
analogue transmission, (e) public access to computer databases by means of
telecommunication;
• the right of distribution to the public;
• the right of rental;
• the right to import.
All these economic rights are governed by the provisions in Chapters V and VII of
Law No. 312, and in Articles 10 to 28 of its implementing Regulations.
In addition to the protection of economic rights, Nicaragua gives broad protection to moral
rights, as provided in Article 6 bis of the Berne Convention and covered by Articles 19 to 21 of
Nicaraguan Law No. 312.
As to the term of protection, the Law establishes a time-limit for economic rights, but not for
moral rights, which upon the death of the author pass to the author's heirs without limitation as to
time, or if there are no heirs they revert to the State.  The term of the economic rights in works whose
period of protection can be calculated on the basis of the author's lifetime is that lifetime plus 70 yearsfollowing the author's death.
94
In the case of those works whose period of protection cannot be calculated on the basis of the
author's lifetime, the economic rights shall be protected for 70 years as of the date of disclosure of the
work, as required by Article 12 of the TRIPS Agreement.
3. Please explain how the copyright law of Nicaragua protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
In Nicaragua, computer programs and databases are protected from the moment they are
created, the former as literary works95 and the latter as compilations.
Article 13.2, of Law No. 312 provides the following:"All original and derived literary, artistic or scientific creations (...) are protected, regardless
of their nature or merit, or present or future form, including:
(2) (...) computer programs, whether they are in source or object code and irrespective of their
means or form of expression."
                                                     
94 Articles 21 and 27 of Law No. 312 on Copyright and Related Rights.
95 Article 13, paragraph 2, of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 55
Compilations of texts and databases are protected under Article 14 of Law No. 312, which
provides as follows:
"Compilations of literary, artistic or scientific works, such as anthologies and compilations of
texts, administrative or judicial decisions or of other materials, including databases which, owing to
the selection or arrangement of their contents constitute intellectual creations, (…) shall be considered
independent works."
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please cite the corresponding provision of the
copyright law of Nicaragua.
Article 22 of Law No. 312 provides that "The  author shall have the exclusive right to
authorize or prohibit the exploitation of his work in any form", and Article 23.5 of the Law establishes
that the right of rental is an economic right.
Regarding the leasing of computer programs and cinematographic works, Article 22 of the
Regulations implementing Law No. 312 states that:
"In regard to the rental right, authors of computer programs, cinematographic works and
works incorporated in phonograms shall enjoy the exclusive right to authorize the commercial rentalto the public of the original or of copies of their works."
5. Please describe the protection the Copyright Law of Nicaragua provides for performers,
and the term of the protection.
Performers enjoy the right to authorize the broadcasting or communication to the public of
their unfixed performances, unless they are intended for broadcasting, as well as the right to fixation
of their performances.
96
With respect to fixed performances, they have:  the right to authorize the direct or indirect
reproduction of the performance;  the right to distribute such fixations by making copies thereof
available to the public;  the right of rental;  the right of communication to the public, which includesthe right to authorize that the performance be made available to the public, by wire or wireless means,
in such a way that members of the public may have access to it at a place and time they choose.
97
In addition, performers have the inalienable and non-transferable right to obtain fair
remuneration for the direct exploitation of their fixed performances.98
The aforesaid rights are protected for seventy (70) years as of 1 January of the year following
disclosure of the fixed performance or, in its absence, the year of the performance.
In addition, the performer has the right to be named as the performer, and to oppose any
alteration or mutilation of his performance that might damage his image or reputation.  These rights
are inalienable and non-transferable.  Upon the performer's death, the exercise of these rights passes to
his heirs for a period of seventy (70) years from the date of the performer's death.
The foregoing provisions are governed by Articles 86 to 91 of Law No. 312.
                                                     
96 Article 86 of Law No. 312 on Copyright and Related Rights.
97 Article 87 of Law No. 312 on Copyright and Related Rights.
98 Article 88 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 56
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize orprohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Nicaragua impl ements these obligations and indicate the term
of protection.
Producers of phonograms have the exclusive right to authorize or prohibit the reproduction,
distribution by sale or rental, import, adaptation and communication to the public of their
phonograms, and the exclusive right to authorize that their phonograms be made available to thepublic, by wire or wireless means, in such a way that members of the public may have access to them
at a place and time they choose.
99
Producers of phonograms have the exclusive right to authorize, perform or prohibit the
following in respect of their phonograms:
(1) Direct or indirect reproduction, of all or part of their phonograms by any means or
process, as well as their exploitation in any form;
(2) distribution of the original or copies of their phonograms by means of sale or any
other form of transfer ownership, including their distribution by means of signals or
transmissions;
(3) public communication of their phonograms by  any means or process, whether by wire
or wireless means;
(4) import of their phonograms, copies or reproductions thereof;(5) synchronization of their phonograms;(6) rental or public lending of their phonograms or transfer of ownership by any means
permitted under the law;
(7) making the phonograms available to the public whether by wire or wireless means, in
such a way that members of the public may have access to them from such location
and at such time as each person they choose;
(8) adaptation or transformation of their phonograms.
The term of the rights is seventy (70) years as of 1 January of the year following publication
of the phonogram, or if it is not published, the year of its fixation.
                                                     
99 Article 92 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 57
C. TRADEMARKS
7. Please describe the subject-matter that can comprise a trademark under the trademark
law of Nicaragua.
Nicaragua's legislation on trademarks and other distinctive signs defines a trademark as "Any
sign capable of distinguishing products or services".100  Trademarks may consist, inter alia , of one or
more words advertising slogans and phrases, letters, numbers, monograms, figures, images, labels,
shields, engravings, vignettes, borders, lines and stripes, and combinations and arrangements of
colours, sounds and other perceptible signs.  They may also consist of the form, presentation or
packaging of products or their containers or wrapping, or the means or premises for the retail sale of
the products or services in question.
Trademarks may also consist of a Nicaraguan or foreign geographical name, provided that
they are sufficiently arbitrary and distinctive with re spect to the products or services to which they are
applied and that their use is not likely to create any risk of confusion as regards the origin, source,
qualities or characteristics of the products or services to which the trademark is to be applied, nor anyrisk of association with a well-known geographical name for the same products or services nor of
unfair appropriation of the reputation of such a geographical indication.
8. Please describe the procedure that must be followed to register a trademark in
Nicaragua, citing the relevant provisions of the law, and describe the rights that the owner of aregistered mark can exercise.
Registration procedure
In general, the trademark registration procedure consists of the following steps:  filing of the
application, examination as to form, publication in the Official Journal  La Gaceta , examination as to
substance, decision and certification.
- Filing of the application
The date of filing of the application shall be deemed to be the date on which the application is
received by the Trademark Registry, provided that wh en it is received it contains the following as a
minimum:
• A clear statement to the effect that the registration of a trademark is being requested;
• sufficient information to identify the applicant;
• the trademark whose registration is being requested, if it consists only of text, or a
reproduction of the trademark if it consists of a special design or shape or special
colours or if it is a figurative, mixed or three-dimensional trademark, with or without
colours;
• a list of the products or services for which the applicant wishes to register the
trademark;
• the corresponding receipt showing that the applicable fees have been paid.
                                                     
100 Articles 2 and 3 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 58
If any of the items listed above is missing from the application, the competent authority shall
notify the applicant so that the omission may be corrected.  If it is not corrected, the application shall
be deemed not to have been filed.
- Examination as to form
The competent authority shall examine the application to determine whether it meets all
requirements.101  If any error or omission is noted, the applicant shall be notified and given two
months to correct it.  If the error or omission is not corrected, the application shall be deemed to have
been abandoned and automatically placed in the archives.
Once the application has been verified as to form, it shall be published in the official journal
La Gaceta,  once only, within 15 days, at the applicant's expense.
- Opposition
Any interested person may oppose an applicatio n for the registration of a trademark within
two months following the publication of the applic ation.  The opposition must cite the elements of
fact and of law on which it is based, and include or offer to provide any relevant evidence.  Any
evidence not accompanying the opposition must be submitted within 30 calendar days after the dateon which the opposition has been lodged.
The applicant shall be notified of any opposition, and must respond within two months after
the date of notification.  Once that deadline has passed, the competent authority shall examine the
substance of the application and take a decision regarding the application and any opposition lodged.
The parties may agree to appoint arbitrators to resolve any issues related to the opposition.
102
- Examination as to substance
Once the deadline for lodging opposition has passed, the competent authority shall examine
whether the trademark is covered by one of the prohibitions established under the trademarklegislation.
103
If the trademark is covered by one of the prohibitions established, the competent authority
shall notify the applicant, indicating the grounds for the objection.  The applicant then has two months
from the date of notification to respond.  If the competent authority reaffirms the grounds for theobjection, it shall issue a decision rejecting the application, giving the grounds therefor.  If any
opposition has been lodged, it is disregarded.
- Decision and certification
Once the application has been examined as to substance, the corresponding decision shall be
issued and notified to the applicant.  If it is decide d to grant the trademark, a certificate shall be issued
indicating the rightful holder and the term of regi stration of the trademark requested;  this shall be
published in the official journal La Gaceta .
                                                     
101 Articles 9, 10 and 11 of Law No. 380 on Trademarks and Other Distinctive Signs.
102 For this purpose, the applicable provisions of  Book Three, Title XIII, relating to arbitration
procedures, Articles 958 to 990 of the Code of Civil Procedure, shall be applicable to the Trademark Registry.
103 Articles 7 and 8 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 59
Rights that the owner of a registered trademark may exercise
The registration of a trademark gives the holder the right to prohibit third parties from using
the trademark, and to pursue such actions and take such measures as may be appropriate before thejudicial authorities against anyone who infringes his rights.  The owner of a registered trademark may
prevent any third party from:
• Applying or placing the trademark or an identical or similar distinctive sign on
products for which the trademark has been registered, or on products associated with
the services for which the trademark has been registered, or on the containers,
wrapping, covering or packaging of such products;
• removing or altering the trademark for commercial purposes, after it has been applied
or placed on products of the kind described in the foregoing subparagraph;
• making labels, containers, wrapping, covering or other materials that reproduce or
contain the trademark, or marketing or possessing such items;
• refilling or reusing, for commercial purposes, any containers, wrapping or covering
that bear the trademark;
• using in trade an identical or similar si gn to the trademark with respect to any
products or services if such use might create confusion or a risk of association with
the owner of the registered trademark, it be ing understood that the use of an identical
sign for identical products or services creates the presumption of the likelihood of
confusion;
• using in trade an identical or similar si gn to the trademark with respect to any
products or services if such use might cause unfair economic or commercial injury to
the owner of the registered trademark by reason of a weakening of the distinctive
force or the commercial or advertising value of the trademark, or an unfair
appropriation of the prestige of the trademark or its owner;
• using publicly a sign identical or similar to the trademark, even for non-commercial
purposes, if this may weaken the distinctive force or the commercial or advertising
value of the trademark, or constitute unfair appropriation of its prestige.
9. Please provide the length and terms of protection the trademark law of Nicaragua
provides for a trademark.
Duration
104
The initial term of registration of a trademark is ten (10) years computed from the date on
which it is granted, but this can be renewed indefinitely, for  ten years at a time, provided that
application for the renewal is made before the current registration term expires and that the necessary
fee to maintain registration is paid.  The applic ation for renewal must be submitted during the last
year before the term of the current registration expires;  but a grace period is also allowed so the
application may be submitted within six months after it expires, in which case an additional feeapplies.
                                                     
104 Article 21 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 60
The renewal of a trademark registration takes effect from the date on which the previous
registration expires, even if the renewal is requested during the grace period.  During the grace period,
the previous registration remains fully in force.
Terms of protection
The registration of a trademark may be renewed indefinitely for successive ten-year periods
as of the expiry date of the previous term.
10. Please explain whether well-known service marks are granted the same level of
protection as well-known trademarks under the laws of Nicaragua.
Nicaraguan law gives service marks the same level of protection established for trademarks,
and recognizes the well-known nature of all distinctive signs.105
Chapter XV of the Law on Trademarks and Other Distinctive Signs106 contains provisions
relating to the protection of well-known signs (trademarks, trade names, labels, emblems or
appellations of origin), and specifies the applicable criteria and sectors for determining whether a sign
is well known.  In addition, Article 8, subparagraph (d) of the Law prohibits registration as a
trademark of any sign that constitutes a complete or partial reproduction, imitation, translation,
transliteration or transcription of a well-known distinctive sign belonging to a third party, irrespectiveof the goods or services to which it applies, if:
• The use of the sign could create a risk of confusion or association with the well-
known distinctive sign;
• the use of the sign could weaken the distinctive force or commercial or advertising
value of the well-known distinctive sign;  or
• the use of the sign might imply an unfair appropriation of the reputation of the well-
known distinctive sign.
11. Please explain whether the relevant auth orities in Nicaragua take account of the
knowledge of the trademark in the relevant sector of the public, including knowledge obtainedas a result of promotion of the mark, in determining whether a mark is well-known, as required
by Article 16.2 of the TRIPS Agreement.
Yes.  Article 82 of Law No. 380 on Trademarks and Other Distinctive Signs, establishes that,
in order to determine whether a distinctive sign is well known, the following shall be taken into
account as relevant sectors, among others:
• Actual or potential consumers of the kind of products or services to which the sign is
applied;
• persons employed in the marketing channels for the products or services to which the
sign is applied;
                                                     
105 Article 2 of Law No. 380 on Trademarks and Other Distinctive Signs.
106 Articles 79 to 82 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
Page 61
• business circles associated with the type of enterprise, activity, products or services to
which the sign is applied.
To determine whether a sign is well-known, it is sufficient for it to be generally known in one
of the aforementioned sectors.
All relevant circumstances must be taken into account, and in particular:107
• The extent to which the sign is known amongst members of the relevant sector in
Nicaragua;
• the duration, scope and geographical breadth of the use of the sign, both within
Nicaragua and abroad;
• the duration, scope and geographical breadth of the promotion of the sign, both within
Nicaragua and abroad, including advertising and its use at fairs, exhibitions and otherevents associated with the enterprise, activity, products or services to which the sign
is applied;
• the existence and the date of any registration or application to register the distinctive
sign, both within Nicaragua and abroad;
• any actions taken to protect the distinctive sign, and in particular any decision by any
Nicaraguan or foreign authority in which the well -known nature of the sign has been
recognized;
• the amount of any investment made to promot e the distinctive sign, or to promote the
enterprise, activity, products or services to which the sign is applied.
D. G
EOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Nicaragua provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
the relevant provisions of law or regulation, and provide examples of geographical indicationsso protected.
Article 68 of the Law on Trademarks and Other Distinctive Signs prohibits the use in trade, in
connection with a product or service, of geographical indications that are false or misleading with
respect to the origin of the product or service, or if their use could create confusion amongst the publicin regard to the origin, source, quality or any other characteristic of the product or service.
The Law also prohibits the registration of trademarks that consist of:
• Signs liable to cause confusion or be misleading with respect to the geographical
source of the product or service to which they are applied (Article 7, paragraph (i));
• signs that consist of a geographical indication that is not sufficiently arbitrary and
distinctive with respect to the products or services to which they are applied
(Article 7, paragraph (j));  or
                                                     
107 Article 80 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
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• signs that contain an appellation of origin that is protected for the same products or
for different products, or that could create a risk of confusion or of association withthe appellation, or that might imply an unfair appropriation of its reputation
(Article 8, paragraph (g)).
The use in trade, with respect to a product, of false or misleading appellation of origin, even
where the true origin of the product is indicated, or if a translation of the appellation is used, or it is
accompanied by expressions such as "type", "kind" , "style", "imitation" or other similar terms, is
characterized as an offence against distinctive signs and as an act of unfair competition (Article 102,
paragraph (d), and Article 105, paragraph (h), of the Law on Trademarks and Other Distinctive
Signs).
With regard to the procedure to be followed in order to obtain protection of an appellation of
origin, Article 71 of the Law establishes that:
• In the case of Nicaraguan appellations of origin, the application for registration may
be made by two or more producers, manufacturers or makers whose production
establishments are situated in the region or place to which the appellation of origin
corresponds, or by a competent national authority;  and
• in the case of foreign appellations of origin, the application for registration may
likewise be made by the same persons provided that the appellation is first registered
in the country of origin.
To date, the appellation of origin "Pisco" has been registered in Nicaragua, as
number "41,983 C.C.".
13. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing the relevant
provisions of law or regulation, and provide examples of geographical indications for such
products.
Article 46 of the implementing Regulations
108 of Law No. 380 on Trademarks and Other
Distinctive Signs provides that, at the request of the party concerned, the registration of any trademark
for wines that contains or consists of a geographical indication that identifies wines, or the registration
of any trademark for spirits that contains or consists of a geographical indication that identifies spirits,
shall be rejected or cancelled for any wines or spirits that do not in fact have that origin.
14. Please explain whether preexisting tradem arks are protected against usurpation by
geographical indications under the laws of Nicaragua.
In accordance with the second paragraph of Article 3 of Law No. 380, a trademark may also
consist of a Nicaraguan or foreign geographical name, provided that it is sufficiently arbitrary and
distinctive with respect to the products or services to which it is applied, and that its use is not likely
to create a risk of confusion as to the origin, source, qualities or characteristics of the products orservices to which the trademark is to be applied, nor any risk of association with a well-known
geographical name for the same products or services, nor an unfair appropriation of the reputation of
such a  geographical indication.
                                                     
108 Shortly to be published.IP/Q/NIC/1, IP/Q2/NIC/1,
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Pursuant to paragraphs (i) and (j) of Article 7 of the Law, a sign may not be registered as a
trademark:
• If it is likely to create confusion or be misleading with respect to the geographical
source, the nature, the method of manufacture, the qualities, the suitability for use orconsumption, the quantity or any other characteristic of the product or service to
which it is applied;  or
• it consists of a geographical indication that does not conform to the provision in
Article 3.2.
Pursuant to Article 8, subparagraph (g), of La w No. 380, a sign that contains a protected
appellation of origin may not be registered as a trademark for the same products or for different
products, or if it might create a risk of confusion or of association with the appellation, or might imply
an unfair appropriation of its reputation.
E. I
NDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for textile
designs and cite the relevant provisions of law or regulation.
Protection for industrial designs, including te xtile designs, may be obtained in two ways:
(a) Without registration, from the moment of the first public disclosure of the design, in
which case the term of protection is three years as of the date of the first disclosure of
the design to the public, provided that such release was by the designer or his
successor in title or by a duly authorized third party109;
(b) by registration, in which case protection is granted for a term of five years, which
may be extended for up to two further terms of five years' duration each.110
Registration procedure
In general, the registration procedure for industrial designs, including textile designs, consists
of the following steps:  filing of the application, examination as to form and substance, publication,
decision and certification.
An application for the registration of an industrial design must be filed with the Intellectual
Property Registry and indicate:  the name of the applicant, together with the name of the designer if
the applicant and designer are not the same person;  the way in which the right was acquired, and thedesignation of the products to which the design is to be applied;  the category and the subcategory of
the products in question.  A graphic or photographic reproduction of the design, or a sample of
material incorporating the design in the case of two -dimensional designs for textiles, paper or any
other flat material, must accompany the application.
The competent authority shall examine the application to determine whether it meets all
requirements.  If any error or omission is noted, the Registry shall notify the applicant accordingly
and give him two months to correct it.  Once any errors or omissions have been corrected, the design
                                                     
109 Articles 71 and 74 of Law No. 354 on Patents, Utility Models and Industrial Designs.
110 Articles 72, 85 and 86 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
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is examined to determine whether it meets the requirements in order to be able to be registered.  If it
does meet those requirements, the Registry shall order that a notice be published, once only, in the
official journal La Gaceta .  When all the requirements established by law have been fulfilled, the
Registry shall enter the design in the register and issue the corresponding certificate.
F. PATENTS
16. Please describe in detail the way in which the patent law of Nicaragua implements
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite the relevant provisions of the law.
Under Nicaraguan legislation, Article 8 of Law No. 354 on Patents, Utility Models and
Industrial Designs establishes that an invention is patentable if it is novel, involves an inventive step
and is capable of industrial application.  The only exceptions provided in the Law are those stated in
Article 7, to wit:
(a) Animals;
(b) therapeutic, surgical or diagnostic methods applicable to persons or animals;  and(c) inventions whose commercial exploitation should be prohibited in order to uphold
public order or morality to safeguard human, animal or plant health or life, or to
protect the environment.  This is not to be understood as meaning that
commercialization should be prevented in order to protect health, life or the
environment, only by reason of the fact that exploitation of the product is prohibited
by any legal or administrative provision.
All other inventions, whether products or processes, including micro -organisms and non -
biological or microbiological processes, may be pa tented if they meet the conditions of novelty, an
inventive step and industrial applicability.
Protection of new plant varieties
New plant varieties are protected under Law No. 318 on the Protection of New Plant
Varieties.111  In order to be protected, a new plant variety must be novel, distinct, uniform and stable,
and have its own denomination.  The granting of a breeder's right depends solely on aforementioned
requirements, and it shall be granted if the breeder has completed the formalities laid down in the
aforementioned Law and has paid the appropriate fee.112
17. Please describe in detail the rights provided patent holders under the patent law ofNicaragua and cite to the relevant provisions of law.
Where the patent claims a product, the owner has the exclusive right to:
(a) Produce or manufacture the patented product;(b) offer the product for sale, sell it or use it;  and
                                                     
111 The implementing regulations for this Law were issued under Executive Decree 37-2000, published
in Issue No. 102 of the official journal La Gaceta  of 31 May 2000.
112 Article 16 of Law No. 318 on the Protection of New Plant Varieties.IP/Q/NIC/1, IP/Q2/NIC/1,
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(c) import or stock the product for purposes of using it, selling it or offering it for sale.
Where the patent claims a process, the owner has the exclusive right to:(a) Use the patented process;(b) produce or manufacture the product directly obtained by means of the patented
process;
(c) offer the product obtained by means of the patented process for sale, sell it or use it;
and
(d) import or stock the product obtained by means of the patented process, for purposes
of using it, selling it or offering it for sale.
Where the patent protects biological material that possesses certain characteristics that have
been claimed, the owner's right extends to any biological material derived from the patented material
by multiplication or propagation and possessing the same characteristics.
Where the patent protects a process for obtaining biological material that possesses certain
characteristics that have been claimed, the owner's right extends to any biological material derived by
multiplication or propagation from the material directly obtained by means of the patented process
and possessing the same characteristics.
Where the patent protects a specific genetic sequence or biological material containing such a
sequence, the owner's right extends to any product that incorporates the sequence or material and
expresses the corresponding genetic information.
113
18. Please describe in detail any provisi ons in the laws of Nicaragua permitting
unauthorized use of a patent, citing the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
Under Nicaraguan law, the use of a patent may be authorized without the owner's consent for
reasons of public interest or a national emergency or to remedy an anti-competitive practice.  The
authorization granted in such cases shall be subject to the following conditions:
(a) Authorization to use a patented invention without the consent of the right holder shall
be considered on a case-by-case basis;  consequently, the corresponding decision
shall specify the conditions necessary for the licence to achieve its purpose114;
(b) any person requests a compulsory licence shall prove (1) that he has previously
applied to the owner for a contractual licence;  and (2) that he has been unable toobtain such a licence on reasonable terms and conditions
115;
(c) the scope and duration of the licence, and the activities for which it is granted, shall
be limited to those purposes cited as grounds for the granting of the licence116;
                                                     
113 Articles 44 and 45 of Law No. 354 on Patents, Utility Models and Industrial Designs.
114 Article 55, subparagraph (c), of Law No. 354 on Patents, Utility Models and Industrial Designs.
115 Article 52, first paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
116 Article 55, subparagraph (a), of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
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(d) where a licence is requested for a patent that protects any kind of semiconductor
technology, the licence shall only be granted for non-commercial public use or to
remedy a practice that has been declared anti-competitive117;
(e) a compulsory licence may not be granted on an exclusive basis, nor be subject to
assignment or sub -licensing and it may only be transferred together with the business
or establishment or part thereof that is exploiting the licence118;
(f) compulsory licences shall be granted mainly for the purpose of supplying the
domestic market119;
(g) compulsory licences may be revoked at the request of any interested party if the
circumstances that caused the licence to be granted no longer exist and are unlikely to
recur, in which case the necessary measures shall be taken to give proper protection
to the legitimate interests of the licensee affected by such revocation120;
(h) when a compulsory licence is granted, the amount and form of the payment to be
made by the licensee shall be specified.  The amount of the payment shall be
determined according to the circumstances of the case and the economic value of the
licence.  The obligation to make this payment is one of the provisions included in thedecision granting the licence.  If the licen see fails to comply with this requirement,
the compulsory licence may be revoked
121;
(i) in the case of licences in respect of dependent patents, the following requirements
must also be met:
(i) Licences shall only be granted where the invention claimed in the later patent
represents a technical advance of considerable economic importance in
relation to the invention claimed in the earlier patent;
(ii) a compulsory licence to exploit the earlier patent may only be assigned
together with the later patent;  and
(iii) the owner of the earlier patent may, under the same circumstances, obtain a
compulsory licence to exploit the invention claimed in the later patent122;
(j) in all cases, the decisions of the Intellectual Property Registry may be the subject of
the appeals specified in Nicaragua's legislation, including judicial review through
administrative litigation channels.123
                                                     
117 Article 51, last paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
118 Article 53, second paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
119 Article 53 of Law No. 354 on Patents, Utility Models and Industrial Designs.
120 Article 56, first paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
121 Article 53, Article 55, subparagraph (b), and Article 56 of Law No. 354 on Patents, Utility Models
and Industrial Designs.
122 Article 54 of Law No. 354 on Patents, Utility Models and Industrial Designs.
123 Article 98 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
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19. What term of protection does the patent law of Nicaragua provide for patents?  Please
describe any provisions for extension of the term of protection and cite the relevant provisions
of the law.
The term of protection for patents is twenty (20) years, without the possibility of renewal.  No
provision exists permitting the term of protection to be extended.124
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
20. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Nicaragua, including the term of protection, and cite the relevant provisions
of law.
Law No. 324 on the Protection of Layout-Designs of Integrated Circuits, published in the
official journal La Gaceta on 1 February 2000 constitutes the relevant framework legislation whose
implementation is the responsibility of the Directorate of the Intellectual Property Registry.
According to the provisions of this Law, a layout-design shall be protected if it is original,
meaning that it must be the result of the personal intellectual effort of its creator and not be in
common use in the integrated circuit industry at the time of its creation.  A design shall also be
protected when it is composed of one or more elements in common use in the integrated circuit
industry if the overall combination of those elements as a whole was original at the time of itscreation.
125
An original layout-design, whether or not incorporated in an integrated circuit, is protected if
it has not been commercially exploited anywhere in the world, unless the application for registration
in Nicaragua is filed within two years of the date of the first commercial exploitation.126
The right to protection belongs to the designer or, if applicable, to his successor in title.
However, if the layout-design was created under a works or services contract drawn up for that
purpose or in the course of an employment relationship, the right shall belong to the person who
commissioned the works or services in question or to the employer, as applicable, unless otherwise
provided in the contract.  Where the layout-design has been made by two or more persons jointly, the
right shall belong to all of them collectively.127
The exclusive right belonging to a right holder by virtue of the registration of a layout-design
is effective for ten years as of the date of filing of the application.128
This exclusive gives the right holder the authority to prevent third parties from engaging in
any of the following activities:
(a) Reproducing all or part of a protected layout-design considered to be original
pursuant to Law No. 324 by incorporating it within an integrated circuit or by any
other means;  and
                                                     
124 Article 38 of Law No. 354 on Patents, Utility Models and Industrial Designs.
125 Article 4 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
126 Article 6 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
127 Article 5 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
128 Article 7 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
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(b) importing, selling or distributing, in any way, the protected layout-design, or an
integrated circuit incorporating the design, or an article that contains such an
integrated circuit incorporating the protected layout-design.129
The right holder's exclusive right with respect to a protected layout-design shall have no
effect whatever against any third party that:
(a) Reproduces the layout-design or the integrated circuit incorporating it without
authorization, if this is done for private purposes or for purposes of evaluation,
analysis or research, experimentation or teaching;
(b) on the basis of the evaluation or analysis of a protected layout-design, creates a new
layout-design that meets the criterion of originality established in the Law;
(c) has, independently, created an original layout-design identical to the protected layout-
design;
(d) engages in the aforesaid activities referred to in Article 8(b), of the Law, without the
authorization of the right holder, with respect to protected layout-designs, integrated
circuits incorporating them or articles containing such integrated circuits, after they
have been lawfully introduced into trade in any country, either by the right holder orby any other person with his consent;
(e) engages in the aforesaid activities referred to in Article 8(b), of the Law with respect
to an integrated circuit that incorporates an unlawfully reproduced layout-design, or
an article containing such an integrated circuit, if the person who commits the act wasunaware and had no reasonable grounds for knowing, at the time of obtaining the
integrated circuit or article in question, that it incorporated a protected layout-design
which had been unlawfully reproduced;  or
(f) performs the acts referred to in Article 5 of the Paris Convention.
130
In the situation described in subparagraph (e) above, after the third party who acted in good
faith has been informed that the layout-design has been unlawfully reproduced, at the request of the
holder of the exclusive right, he shall be required to pay compensation equivalent to the royalty that
would have been payable under a contractual licence in order to dispose of the stocks of the products
or the stock ordered prior to the notification.
H. PROTECTION OF UNDISCLOSED INFORMATION
21. Please describe in detail how the laws of Nicaragua provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
Chapter XVIII (Articles 121 to 127) of Law No. 354 on Patents, Utility Models and Industrial
Designs contains a series of provisions regarding unfair competition, including specific provisions on
undisclosed information, although under the title "Business secrets".
Under Article 122 of Law No. 354, a business secret is considered to be any information:
                                                     
129 Article 8 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
130 Article 9 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
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(a) That is not, as a whole or in the particular configuration and combination of its
components, generally known or readily accessible to persons in those circles that
customarily handle such information;  and
(b) that has been subject to reasonable precautions taken by its legitimate possessor with
a view to keeping it secret.
In addition, Article 123 of the Law lists the following as situations which are considered to be
unfair competition:
(a) Exploiting a business secret that has been obtained by virtue of confidential
knowledge gained through a contractual or employment relationship, without the
authorization of its legitimate possessor;
(b) communicating or disclosing a business secret as described in subparagraph (a)
above, without the authorization of its le gitimate possessor, for one's own benefit or
the benefit of a third party, or for the purpose of harming the interests of the
legitimate possessor;
(c) obtaining a business secret by means that are unlawful or contrary to honest trade
practices;
(d) exploiting, communicating or disclosing a business secret that has been obtained by
the means described in subparagraph (c) above;
(e) exploiting a business secret that has been obtained from another person if one knows,
or ought to know, that the person who communicated the secret obtained it by the
means described in subparagraph (c) above, or was not authorized by its legitimate
possessor to communicate it;
(f) communicating or disclosing a business secret that has been obtained as described in
subparagraph (e) above for one's own benefit or the benefit of a third party, or for thepurpose of harming the interests of the legitimate possessor.
Lastly, Article 124 of the Law provides that a business secret shall be considered to have been
obtained by means contrary to honest trade practices if it was obtained, inter alia , as a result of non -
fulfilment of a contract or other obligation, breach of trust, disloyalty, failure to abide by a non -
disclosure agreement, or incitement to commit any of the aforesaid acts.
22. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Nicaragua and cite to the relevant provisions of law.
Under Article 125 of Law No. 354 on Patents, Utility Models and Industrial Designs, where
the competent national authority requires the submission of data or secrets for purposes of authorizing
the marketing or sale of a pharmaceutical or agrochemical product that contains a new chemical
compound, the data or secrets in question shall be protected against unfair commercial use by thirdparties and against disclosure.  However, the competent national authority may disclose the data or
secrets in question if this is necessary to protect the public, or if appropriate steps have been taken to
ensure that the data or information are protected against unfair commercial use.IP/Q/NIC/1, IP/Q2/NIC/1,
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23. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical product permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
Information supplied for the purpose of obtaining authorization for the marketing of a
pharmaceutical or agrochemical product is protected provided that the following conditions are met:
• The product must contain a new chemical compound;  and
• the supporting data supplied must not have previously been disclosed.
Accordingly, the protection afforded under Article 125 of Law No. 354 on Patents, Utility
Models and Industrial Designs would not prevent a third party from seeking authorization to market
an identical or similar product containing the same chemical compound, even if the application is
based on the same supporting data provided that the applicant can prove that he obtained the
information lawfully or had access to it because it was disclosed elsewhere in the world.
At present, the law does not establish a specific term for the protection of such information.
Nevertheless, it is understood that such protection continues for as long as the requisite conditions are
met.
I. ENFORCEMENT131
24. Please describe in detail the manner in whic h the laws of Nicaragua provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
With regard to the procedures for the enforcement of intellectual property rights required by
Article 41.1 of the TRIPS Agreement, Nicaraguan le gislation provides criminal and civil procedures
to allow the owner of an intellectual property right to take effective action if his rights are infringed.
Nicaragua applies the provisions contained in its substantive law, special laws on copyright
and related rights132, trademarks and other distinctive signs133, patents, utility models and industrial
designs134, programme-carrying satellite signals135, layout-designs of integrated circuits and new plant
varieties, as well as the rules on proceedings in the Code of Civil Procedure (CCP) and the Code of
Criminal Investigation (CCI).
                                                     
131 The following terms are used in this section:
CCP:  the Nicaraguan Code of Civil Procedure.
Central American peso:  A unit of exchange equivalent to one United States dollar.
Córdoba:  The monetary unit of the Republic of Nicaragua, whose exchange rate at the time of writing
(June 2001) stands at C$13.40 = US$1.00.
132 Articles 106 and 107 of Law No. 312 on Copyright and Related Rights.
133 Article 102 of Law No. 380 on Trademarks and Other Distinctive Signs.
134 Articles 131 and 132 of Law No. 354 on Patents, Utility Models and Industrial Designs.
135 Article 35 of Law No. 322 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
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25. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party's claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Nicaragua provide this authorizat ion, citing the relevant provisions of law or
regulation.
In Nicaragua, the competent judicial authorities have the authority to order the production of
documents and moveables within the control of the parties, pursuant to the Code of Civil
Procedure.136
26. Please describe in detail all of the civil remedies that are available to right holders underthe laws of Nicaragua, citing the relevant provisions of law or regulation.
Nicaragua provides the following civil procedures and remedies for the enforcement of
intellectual property rights.
Competent courts
(1) Civil District Courts.
(2) Appeal Courts.(3) Supreme Court of Justice.These courts decide on complaints relating to infringements or violations of intellectual
property rights.
137
This is based on Article 103 of Law No. 312 on Copyright and Related Rights, Article 28 of
Law No. 322 on the Protection of Programme-Carrying Satellite Signals, Article 105 of Law No. 354
on Patents, Utility Models and Industrial Designs, Article 97 of Law No. 380 on Trademarks and
Other Distinctive Signs138, Article 24 of Law No. 324 on the Protection of Layout-Designs of
Integrated Circuits, Article 79 of Law No. 318 on the Protection of New Plant Varieties and Article 67
of the Central American Convention for the Protection of Industrial Property (1968).139
Participants having standing140
• Right holder
• Co-holders
• Exclusive licensees
• Collective management bodies in the field of copyright and related rights
                                                     
136 Code of Civil Procedure:  Articles 921 to 930 and Article 1166.
137 Articles 3 and 20 of Law No. 260 on the Administration of Justice.
138 This legislation will enter into force on 17 July 2001.
139 This Agreement is in the process of being denounced.
140 Article 24 of Law No. 324 on Layout-Designs, Articles 105 and 108 of Law No. 354 on Patents,
Article 97 of Law No. 380 on Trademarks and Other Distinctive Signs, Article 97 of Law No. 312 on Copyrightand Related Rights, Article 29 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals, and
Articles 3 and 9 of the Regulations implementing Law No. 318 on the Protection of New Plant Varieties.IP/Q/NIC/1, IP/Q2/NIC/1,
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Representation
The above -mentioned persons may be represented by attorneys or agents, provided that they
are lawyers.
Appearance
The person concerned is not required to appear personally in court and may be represented by
a lawyer.  The only case in which a personal appearance is mandatory is for obtaining evidence
(answering interrogatories), at the request of the other party.141
Powers
The competent judicial authorities have the authority to order the production of documents
and moveables within the control of the parties, pursuant to the Code of Civil Procedure.142
Protection of confidential information
Information of this kind is protected under Nicaraguan legislation by keeping it secret, outside
the proceedings.  Similarly, the evidence must remain under the responsibility of the judge.143
Moreover, the special intellectual property laws stipulate that the judicial authorities may take
whatever steps are necessary in order to protect confidential information, where appropriate.
The applicable provisions are contained in Law No. 354 on Patents, Utility Models and
Industrial Designs144, Law No. 380 on Trademarks and Other Distinctive Signs145, the Regulations
implementing Law No. 312 on Copyright and Related Rights146 and the Regulations implementing
Law No. 318 on the Protection of New Plant Varieties.147
Measures that may be ordered by the judicial authorit ies, and legislative or judicial criteria governing
their application
• 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)
                                                     
141 Code of Civil Procedure:  Articles 59 and Article 1200 et seq.
142 Code of Civil Procedure:  Articles 921 to 930 and Article 1166.
143 Code of Civil Procedure:  Article 97 and Article 1109.
144 Article 120 of Law No. 354.
145 Article 150 of Law No. 380.
146 Articles 37 and 52 of the Regulations implementing Law No. 312.
147 Article 40 of Law No. 318.IP/Q/NIC/1, IP/Q2/NIC/1,
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With respect to patents, utility models and industrial designs, the competent judicial authority
may order one or more of the following measures:148
(a) Cessation of the acts that constitute the infringement;
(b) compensation for damages;(c) withdrawal from commercial channels of products resulting from the infringement
and of materials and means used predominantly to commit the infringement;
(d) prohibition on the import or export of the products, materials or means;(e) adjudication of the ownership of the products, materials or means referred to in
subparagraph (c) above, in which case the value of such goods shall be included in
the compensation for damages;
(f) destruction of the products, materials or means used to commit the infringement, and
other measures necessary to prevent the continuation or repetition of the
infringement;
(g) publication of the verdict and notification of interested parties at the infringer's
expense.
The following criteria, inter alia , shall be used to calculate the amount of compensation for
damages:
(a) The profits lost by the right holder as a consequence of the infringement;
(b) the profits earned by the infringer as a result of the infringing acts;(c) 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 would
have paid for a contractual licence.
In copyright and related rights cases
149, measures may be adopted to ensure the cessation of
the unlawful activity and compensation for moral and maternal damage.
Cessation of the unlawful activity may include:(a) Prohibition on engaging in the acts that constitute such activity;(b) withdrawal of unlawful copies from circulation and their destruction;
(c) seizure of the equipment used and its transfer to associations of authors and
performers.
The moral right of the author shall be understood to have been infringed by the impairment of
any of the author's powers and by the violation of an y right of exclusive exploitation in the works.  In
both cases, irrespective of material damage, the author is entitled to compensation for moral damage,
                                                     
148 Articles 106 and 107 of Law No. 354  on Patents.
149 Articles 97 to 101 of Law No. 312.IP/Q/NIC/1, IP/Q2/NIC/1,
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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 shall be taken into account.
In determining the material damages, the following, in particular, shall be taken into account:
(a) The profits which the injured party would presumably have earned if there had been
no infringement;
(b) the remuneration he would have received if he had authorized the use;
(c) 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 applicationshall be equitably adjusted by the court.
Whatever the nature of the damages, the compensation shall 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
150, without prejudice to any criminal penalties, the
holder, his successor in title or representative may request from the court:
(a) Cessation of the unlawful activity;(b) prohibition on its resumption;(c) payment of compensation for damages and injury caused by the infringement of the
right;
(d) withdrawal from trade of the unlawful copies and their transfer to the holder of the
infringed rights if he so requests, or their destruction;
(e) that the products resulting from the unlawful act, the equipment or systems used to
commit it and the materials used for the infringement be rendered inoperative or
disabled, if they cannot be used for lawful purposes and, if necessary, theirdestruction;
(f) payment of the costs of the proceedings by the infringer;(g) 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.
Compensation for damages shall be fixed in accordance with the provisions for the
determination of material damages in Law No. 312 on Copyright and Related Rights.
                                                     
150 Article 28 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals and Article 25
of Decree 44-2000 containing the Regulations implementing Law No. 322.IP/Q/NIC/1, IP/Q2/NIC/1,
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Law No. 318 on the Protection of New Plant Varieties151 incorporates by reference the
provisions laid down in Law No. 354 on Patents, Utility Models and Industrial Designs.
Informing the right holder as to the identity of thir d parties involved in the production and distribution
of goods or services found to be infringing, and their channels of distribution
The judicial authorities may order the infringer to provide any information he may have
concerning persons who have participated in the production or marketing of the products or processes
forming the subject of the infringement and the distribution channels for those products.152
Indemnification of respondents wrongfully enjoined
The measure that the judicial authorities apply, whether ex officio or at the request of one of
the parties, is to require the petitioner to provid e security sufficient to cover and pay any costs or
damages awarded against him.153
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 performance
of their duties.  The State, in turn, may sue the official 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.154
With regard to the extent to which public authorities and/or officials are liable, the provisions
of the Law regulating the administrative litigation courts155, 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 No. 260, on the Administration of Justice establishes the disciplinary,
civil and penal liability, of court officials.
The Law regulating the administrative litigation courts includes remedial measures applicable
to public officials, which range from warnings to temporary or permanent suspension or, where
applicable, monetary penalties, without prejudice to any provisions of criminal law.
Means of recourse through judicial channels
The Code of Civil Procedure establishes appeal and cassation ( casación ) as means of recourse
that may be used by the legitimate holders of:  trademarks and other distinctive signs;  patents, utility
                                                     
151 Article 79 of Law No. 318 on the Protection of New Plant Varieties.
152 Article 98 of Law No. 380 on Trademarks and Other Distinctive Signs;  Article 106 of Law No. 354
on Patents;  Article 79 of Law No. 318 on New Plant Varieties.
153 Articles 939 to 948 of the Code of Civil Procedure; Article 113(d) of Law No. 354 on Patents;
Article 103 (4) of Law No. 312 on Copyright and Related Rights;  Articles 81(f) and 82 of Law No. 318, onNew Plant Varieties;  Article 144 of Law No. 380 Trademarks and Other Distinctive Signs;  Article 34(1) ofLaw No. 322 on the Protection of Programme-Carrying Satellite Signals.
154 Article 131 of the Constitution.
155 Article 15, subparagraph 2, and Article 94, subparagraph 3, of Law No. 350 on Administrative
Litigation.IP/Q/NIC/1, IP/Q2/NIC/1,
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models and industrial designs;  copyright and related rights;  integrated circuits;  programme-carrying
satellite signals;  and new plant varieties.
− Appeal ( Recusos de Apelación )
Pursuant to the general provisions governing appeal as a means of recourse, once the
procedure is under way, the court examines the matter and determines within three days whether this
recourse is admissible and whether it has been presented within the prescribed period.156
If this recourse is not admissible or has not been presented within the prescribed period, the
court declares it to be without foundation, although this does not prevent the court from doing so at
any time prior to issuing its ruling.
Where an appeal is declared to be properly founded, it shall be lodged in the act of
notification or within 24 hours after advice of the ruling with respect to which it is made, and the
competent judicial authority shall decide at the next sitting, or at the same sitting without further
administrative requirements, whether or not it may proceed.  If the appeal is found to be admissible,the parties shall be given 24 hours from the last notification to appear before the appropriate judicial
authority to exercise their rights.
Notwithstanding the foregoing provision, the parties shall be considered to have made proper
presentation before the corresponding higher court if they do so from the moment that notice is giventhat the recourse is admissible, even if the time period is not computed from that date.
157
If the appellant appears at the required time, the competent judicial authority shall draw up a
formal record setting forth the matters th at the appellant is calling into question.
If there are facts to be proven, an evidentiary proceeding of three days' duration takes place,
and within three days after its conclusion the compet ent authority shall issue its  ruling, subject to the
corresponding fine.158
− Higher appeal ( Recurso de Casación )
Cassation as a means of recourse is granted to the parties only in respect of rulings or
interlocutory decisions that put an end to the proceedings, if no other recourse is admissible and if the
cassation is based on the grounds established by law, without prejudice to the provisions contained in
the last part of Article 442 of the Code of Civil Procedure.159  This recourse does not apply in the case
of pre-sentencing proceedings.
When this means of recourse is sought, the Supreme Court shall determine whether it is
properly founded, and if it is, the Supreme Cour t directs that the corresponding documents be
forwarded to the office so that the parties may exercise their rights.160
                                                     
156 Article 2002, first paragraph, of the Code of Civil Procedure.
157 Article 1989 of the Code of Civil Procedure.
158 Article 1994 of the Code of Civil Procedure.
159 Article 442 of the Code of Civil Procedure reads as follows:  "In the case of interlocutory
judgements that are not upheld, amended or revoked by the corresponding higher court, the higher court may,when commencement comes to its attention, accept, alter or amend such judgements if it thinks this fit in orderto assure the most appropriate final resolution of the matter."
160 Article 2081 of the Code of Civil Procedure.IP/Q/NIC/1, IP/Q2/NIC/1,
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There is no means of recourse with respect to final rulings issued by the Supreme Court.
With respect to interlocutory decisions by the Supreme Court, the only permissible recourse is that of
resubmission, which must be used within three days following the notification in question.161
27. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Nicaragua, citing the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
Pursuant to the legislation established for each category of intellectual property right, the
holders have access to provisional remedies.
Trademarks and other distinctive signs;  patents, utility models and industrial designs;  new plant
varieties;  layout-designs of integrated circuits;  and programme-carrying satellite signals
Pursuant to Article 143 of Law No. 380 on Trademarks and Other Distinctive Signs,
Article 113 of Law No. 354 on Patents , Utility Models and Industrial Designs, Article 81 of
Law No. 318 on the Protection of New Plant Varieties and Article 30 of Law No. 322 on the
Protection of Programme-Carrying Satellite Signals, any person who initiates or intends to initiate
legal action for infringement of a right protected under those Laws may ask the competent judicial
authority to order immediate precautionary measures for the purpose of preventing the infringement,avoiding its effects, obtaining or preserving evidence, or ensuring the effectiveness of legal action or
the payment of compensation for damages.  Pursuant to Article 24 of Law No. 324 on the Protection
for Layout-Designs of Integrated Circuits, the holder of a right granted under that Law has the same
means of recourse available to him as those established for cases of infringement pursuant to Law
 No. 354 on Patents on Inventions, Utility Models and Industrial Designs.
Measures pursuant to the aforesaid Laws may be sought prior to, in conjunction with, or
subsequent to the initiation of legal action, and may include, inter alia :
• The immediate cessation of the acts constituting the infringement;
• the seizure or sequestration of the products resulting from the infringement, and of
products, packaging, wrapping, labels, printed or advertising material and othermaterials displaying the sign alleged to be infringing, and any materials or means
used principally to commit the infringement;
• the suspension of the import or export of the products, materials or means referred to
in the previous subparagraph;
• the provision of security or other guarantee deemed sufficient by the competent
authority, in the case of infringement of patents, utility models, industrial designs or
new plant varieties;
• the presentation of documents in the case of infringement of patents, utility models or
industrial designs, or of documents and moveables in the case of infringement ofrights in new plant varieties;
                                                     
161 Article 2077 of the Code of Civil Procedure.IP/Q/NIC/1, IP/Q2/NIC/1,
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• the withdrawal from circulation, or prevention of entry into circulation, of materials
for the reproduction or propagation of a protected new plant variety;
• the seizure of revenue obtained by means of the unlawful activity and, where
appropriate, of any amounts owed by way of remuneration in the case of
programme-carrying satellite signals;
• the inspection of equipment, installations and immoveables, in the case of
programme-carrying satellite signals.
A precautionary measure will only be ordered if the person requesting it can prove his lawful
right of action and the existence of the infringed right, presents evidence clearly showing that theinfraction has been committed or is imminent, demonstrates that any delay in applying precautionary
measures will produce greater or irreparable harm, and provides security or a guarantee that is
sufficient to cover any injury that might result from the imposition of the precautionary measure.  Any
person requesting such a measure must provide the competent authority with all necessary
information and a detailed description of the infringing goods to enable them to be easily recognized
and identified.
162
If a precautionary measure is imposed without the other party having been heard, notice must
be given to that other party immediately upon imposition of the measure.  Precautionary measures
imposed prior to the initiation of legal action in regard to the underlying infringement automatically
expire and are without effect if the interested party fails to initiate the main legal action within
15 working days after the precautionary measure has been imposed, pursuant to Article 145 ofLaw No. 380 on Trademarks and Other Distinctiv e Signs, Articles 115 and 116 of Law No. 354 on
Patents, Utility Models and Industrial Designs, and Article 84 of Law No. 318 on the Protection of
New Plant Varieties, or within 30 working days pursuant to Article 34 of Law No. 322 on the
Protection of Programme-Carrying Satellite Signals.
Copyright and related rights
In regard to copyright and related rights, pursuant to Law No. 312, in the event of
infringement of a protected right, the right holder may ask the judicial authority to impose such
provisional measures as may be necessary in the circumstances in order to assure the urgentsafeguarding of the right and, in particular, to prohibit or suspend the infringing activity, and to order
the sequestration of any copies reproduced or used in connection with the infringing activity and of
any associated tools, and any revenue obtained as a result of the infringing activity.
163
In accordance with Article 103 of Law No. 312, these measures may be authorized by the
judge without hearing the other party if a delay may do the petitioner irreparable harm, or if there is a
demonstrable risk that the evidence of the infringement may be destroyed or may disappear or that therevenue derived from the infringing activity whose seizure has been requested may disappear.  Before
authorizing such measures, the judicial authority may, if it thinks fit, require the petitioner to provide
security to guarantee any damages or costs that may result.
Pursuant to Article 104 of Law No. 312, the effects of measures of this kind shall expire
automatically 20 days after the date on which they we re imposed if the petitioner fails to launch legal
action with respect to the underlying infringement.
                                                     
162 Article 144 of Law No. 380, Article 114 of Law No. 354, Article 82 of Law No. 318, and Article 32
of Law No. 322.
163 Article 102 of Law No. 312 on Copyright and Related Rights.IP/Q/NIC/1, IP/Q2/NIC/1,
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J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
28. Please describe in detail the procedures under the laws of Nicaragua that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing  the relevant provisions of law or regulation.
Pursuant to Law No. 380 on Trademarks and Other Distinctive Signs, if the holder of a right
protected by that Law has valid grounds to believe that preparations are being made to import or
export goods which infringe that right, he may ask the competent judicial authority to instruct the
customs authority to suspend such import or expo rt at the time of customs clearance.  Anyone
requesting that such measures be taken must provide the customs authorities with the necessaryinformation and a sufficiently detailed and precise description of the goods to enable them to be easily
recognized and identified.
164
The provisions in the Law with respect to prec autionary measures are applicable to measures
of this kind, namely:
(a) The measure shall only be ordered if the person requesting it can prove his lawful
right of action and the existence of the infringed right and can present evidence that
the infringement has been committed or is imminent;  and
(b) the measure cannot be ordered unless the person requesting it first provides security
or a guarantee that the competent judicial authority considers to be sufficient.165
Border measures must be imposed by the customs authority, whether at land, maritime or air
border points, at the moment of the import, export or transit of the infringing goods and the materialsor means used to commit the infringement.
166  The customs authority is required in every case to
notify the importer, exporter and petitione r immediately when suspension is imposed.167
If, at the end of 10 working days following notification of the suspension to the petitioner, he
has not informed the customs authorities that he has initiated legal action with respect of the
underlying infringement, or if a judge has not authorized precautionary measures to extend the
suspension, the border measure shall be lifted and the goods withheld shall be released.  In properlyjustified cases, and only in such cases, this time-limit may be extended for a further 10 working
days.
168
For purposes of justifying the extension of the period of the suspension, or to obtain evidence
that can be used in a legal action for infringeme nt, the judge shall permit the right holder to inspect
the goods.  The same right applies to the importer or exporter.  In permitting such an inspection, the
judge must take the necessary precautions to protect any confidential information, if applicable.  Once
the existence of the infringement is verified, the petitioner shall be advised of the names and addresses
of the consignee, of the importer or exporter, and of the shipper of the goods, together with the
volume of goods.169
                                                     
164 Article 148 of Law No. 380 on Trademarks and Other Distinctive Signs.
165 Articles 143 and 144 of Law No. 380 on Trademarks and Other Distinctive Signs.
166 Article 147 of Law No. 380 on Trademarks and Other Distinctive Signs.
167 Article 148 of Law No. 380 on Trademarks and Other Distinctive Signs.
168 Article 149 of Law No. 380 on Trademarks and Other Distinctive Signs.
169 Article 150 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
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In the case of infringement of copyright or a related right, the competent judicial authority
may be asked to impose such provisional protective measures as may be necessary in the
circumstances in order to assure the urgent safegu arding of rights and, in particular, to prohibit or
suspend the infringing activity, and to seize any copies produced or used in connection with theinfringement, together with any associated tools and any revenue obtained as a result of the infringing
activity.
170
The competent judicial authority shall authorize the measures requested without hearing the
other party ( inaudita altera parte ) if a delay may do the petitioner irreparable harm, or if there is a
demonstrable risk that the evidence of the infringement may be destroyed or may disappear or that the
revenue derived from the infringing activity whose seizure has been requested may disappear.171
Any person who has valid grounds to fear that his rights may be threatened by imminent,
irreparable injury during the time necessary to asse rt them may ask that any urgent measures which
seem more appropriate in order to assure an optimal outcome be taken.  Amongst such measures, the
right holder may ask that import or export be suspe nded, subject to deposit of the security determined
by the judge.  Such measures may only be imposed by means of a court order, and their duration is the
same as for precautionary measures (15 days).
29. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to eachform of intellectual property, citing the relevant provisions of law.
Border measures have also been established with respect to patents, utility models and
industrial designs
172, new plant varieties173, and layout-designs of integrated circuits.174  The following
procedures, conditions and terms apply to all the aforesaid forms of intellectual property:
• Competence of the customs service.  The precautionary or other measures to be taken
at the border shall be imposed by the competent authorities pursuant to a
communication from the corresponding judge, at the time of the import or export of
the infringing goods and the materials or  means used principally to commit the
infringement;
• suspension of import or export.  If the holder of a protected right pursuant to this
legislation, or his legitimate licensee, has valid grounds to believe that goods which
infringe his rights are to be imported or exported through Nicaraguan customs, he
may ask that the customs authorities be instructed to suspend such import or export at
the time of customs clearance.  The conditions and guarantees applicable to
precautionary measures apply to requests of this kind and to orders given by the
judge;
• anyone who requests that border measures be taken must provide the customs
authorities with the necessary information and a sufficiently precise description of the
goods to enable them to be recognized easily;
                                                     
170 Article 102 of Law No. 312 on Copyright and Related Rights.
171 Article 103, fifth paragraph, of Law No. 312 on Copyright and Related Rights.
172 Articles 117 to 120 of Law No. 354 on Patents, Utility Models and Industrial Designs.
173 Article 6 of Law No. 318 on the Protection of New Plant Varieties.
174 Article 10 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/Q/NIC/1, IP/Q2/NIC/1,
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• when authorization is given for such suspension, the customs service must
immediately notify the importer or exporter of the goods and the person requesting
the measure;
• duration of suspension.  If the requester does not inform the customs authorities that
he has initiated legal action with respect to the infringement within 10 working days
of notification of the suspension, or if the judge has not authorized precautionary
measures to extend the suspension, the customs authorities shall lift the suspension
and clear the goods withheld;
• once legal action has been initiated with respect to the infringement, the party
affected may ask the judge to reconsider the suspension ordered.  The judge may
revoke, amend or uphold the suspension;
• right of inspection and information.  For purposes of justifying the extension of a
suspension of goods detained by customs authorities, or to obtain evidence that canbe used in a legal action for infringement, the judge shall permit the right holder to
inspect the goods.  The same right applies to the importer or exporter.  In permitting
such an inspection, the judge must take the necessary precautions to protect any
confidential information, if applicable;
• once the existence of an infringement is verified, the petitioner shall be advised of the
names and addresses of the consignee, of the importer or exporter, and of the shipper
of the goods, together with the volume of the goods subject to suspension.
30. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Nicaragua are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
In Nicaragua, the customs authorities and competent judicial authorities do not have the
power to act ex officio with regard to border measur es;  they act at the request of the interested party.
K. 
CRIMINAL PROCEDURES
31. Please describe in detail how the laws of Nicaragua implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, includingimprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement on a commercial scale.  Please cite the
relevant provisions of law and regulation.
Pursuant to Article 102 of Law No. 380 on Trad emarks and Other Distinctive Signs, a person
who, without the consent of the respective right holder, wilfully commits any of the following
offences shall be liable to two to six years' imprisonment, or a fine of up to 25,000 Central American
pesos
175, or both:
(a) Makes commercial use of a registered trademark or a facsimile or copy thereof in
connection with products or services distinguished by that trademark;
                                                     
175 The Central American peso is a unit of exchan ge equal in value to the United States dollar.IP/Q/NIC/1, IP/Q2/NIC/1,
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(b) makes commercial use of  a protected business name, label or emblem;
(c) makes commercial use of an advertising expression or mark used in connection with
the same products or services distinguished by another duly protected expression;
(d) makes commercial use of a false or misleading appellation of origin, with respect to a
product, even if the true origin of the product is indicated, or the appellation is used in
translation or accompanied by expressions such as "type", "kind", "style", "imitation"
or the like.
The foregoing offences may be prosecuted at the initiative of a competent authority, or upon
the filing of a complaint by an interested party, including any entity or organization representing a
group of producers or consumers.  Such action is subject to a period of limitation of four years from
the time the offence was last committed.176
With regard to copyright and related rights, Articles 106 and 107 of Law No. 312 set out the
penalties for offences in that area.  In particular, Article 106 provides that a person who commits any
of the following offences is subject to one to two years' imprisonment:
(1) 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 ofconfusion between the two;
(2) making any translation, arrangement or ot her transformation of the work without the
written authorization of the author or right holder;
(3) publicly communicating a work or phonogram, in any form or by any process,
whether in its original or an altered form, in whole or in part, without the written
authorization of the author or right holder;
(4) distributing copies of a work or phonogram by means of sale, rental, import or any
other method of distribution without the authorization of the right holder;
(5) retransmitting or distributing a radio or television broadcast, by any wire or wireless
means, without the authorization of the right holder;
(6) 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, orcommunicating, reproducing or distributing the work after the agreed authorization
period has expired;
(7) where a person falsely attributes to himself original or derived ownership of any
copyright or related rights and by virtue of that false attribution causes the competentjudicial or administrative authority to suspend the communication, reproduction or
distribution of the work, performance or production;
(8) where a person authorized to use or exploit one or more works makes false statements
in accounts of proceeds, works used, or authors' identities, or regarding authorizationobtained or numbers of copies, or makes any other alteration to data that is liable to
prejudice any holder of copyright or related rights.
                                                     
176 Article 103 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/Q/NIC/1, IP/Q2/NIC/1,
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Article 107 of Law No. 312 on Copyright and Re lated Rights, provides that any person who
commits any of the following offences is subject to two to three years' imprisonment:
(1) Reproducing or copying works or phonogra ms by any means or process, whether in
the original or an altered form, in whole or in part, without the written authorization
of the right holder;
(2) importing, stocking, distributing, exporting, selling, offering for sale, holding, hiring
out, or otherwise placing in circulation unlawful reproductions of works or
phonograms;
(3) registering in the Copyright Registry the work, performance or production of another
as if it were his own or that of a person other than the true author or right holder;
(4) reproducing, fixing or copying, by any means, a work, performance, phonogram or
radio or television broadcast, in whole or in part, or importing, stocking, holding,
distributing, exporting, selling, hiring out, or otherwise placing in circulation such
reproductions or copies without the written authorization of the holder.
In all the foregoing cases, the penalties may be increased by one third if the offences are
committed in respect of a work, performance or production that is not intended for disclosure, or in
the case of false appropriation of authorship, if there is distortion, mutilation or some other alteration
that might be detrimental to the author's honour or reputation.177  The same Article also provides, in
addition to the penalties indicated, that the Court shall impose on the offender a fine of 3,000 to
25,000 córdobas178, depending on the seriousness of the offence;  in addition, if the offender is a
trader, the court shall order his suspension in that capacity, without prejudice to any civil liability.
32. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Please describe the provisions in the laws of
Nicaragua that provide for such remedies, a nd describe the circumstances in which those
remedies would be imposed, citing  the relevant provisions of law or regulation.
Pursuant to Article 98 of Law No. 380 on Trademarks and Other Distinctive Signs, in any
legal action in respect of infringement of a right protected under that Law, the judicial authority may
order the following measures, among others:
• Seizure or sequestration:
(i) Of the infringing products, including packaging, wrapping, labels, printed or
advertising material, and other material s resulting from the infringement;  and
(ii) of the materials and means used predominantly to commit the infringement.
• Any measures necessary to prevent the continuation or recurrence of the
infringement, including the destruction of the products, materials or means indicated
in the foregoing paragraph.
                                                     
177 Article 108 of Law No. 312 on Copyright and Related Rights.
178 The córdoba is the monetary unit of Nicaragua.  It has a floating exchange rate, which currently
stands at C$13.40 = US$1.00.IP/Q/NIC/1, IP/Q2/NIC/1,
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Article 98 also contains the following provisions:
• In the case of products that bear a false trademark, elimination or removal of the
trademark shall not be sufficient to permit the products to enter the market, except in
exceptional cases duly substantiated by the court, or if the owner of the trademark
gives his express consent;
• products that bear unlawful distinctive signs, advertising material that makes
reference to those signs, and any materials and means used to commit an
infringement shall be retained or confiscated by the competent customs or police
authorities, as applicable, until the outcome of the proceeding is known;
• at any time during the proceeding, the judge may order the respondent to provide any
information he might have concerning persons who have participated in theproduction or marketing of the infringing products or services.
Articles 97 and 102 of Law No. 312 on Copyri ght and Related Rights, provide that the
holders of original or derived rights governed by that Law, and the exclusive assignees of such rights,may in the event of infringement request the cessation of the unlawful activity
179; this may include:
• Prohibiting the infringing activities;
• withdrawing the unlawful copies from circ ulation or seizing them, and having them
destroyed;
• confiscating the equipment used, and handing it over to authors' or performers'
associations.
33. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Nicaragua that provide for such procedures and remedies, citingthe relevant provisions of law or regulation.
Nicaraguan law establishes criminal procedures for the offences listed below, in addition to
the penalties for wilful trademark counterfeiting and copyright piracy as referred to in Article 61 of
the TRIPS Agreement.
In reference to rights in patents, utility models and industrial designs:
180
(a) Presenting a product as a patented product or a product protected by a utility model or
industrial design, when in fact it is not;
(b) claiming ownership of a patent, utility model or industrial design, before a third party
without the corresponding right or if the right is not yet valid;
(c) counterfeiting wilfully and on a commercial scale;
                                                     
179 Article 98 of Law No. 312 on Copyright and Related Rights.
180 Articles 131 and 132 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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(d) disclosing to a third party a business secret known to the offender by virtue of his
work or position, or the exercise of his pr ofession, or his business relations, or the
granting of a licence, without the consent of the person to whom the business secret
belongs;
(e) acquiring a business secret improperly and without the consent of the person to whom
the business secret belongs or the authorized user, in order to use it or disclose it to a
third party, for the purpose of obtaining a personal economic benefit or for a third
party, or for the purpose of harming the interests of the person to whom the business
secret belongs or the authorized user;
(f) making use of information contained in an industrial secret which became known to
the offender by virtue of his work or position, or the exercise of his profession, or his
business relations, without the consent of the person to whom the secret belongs or
the authorized user, or which was disclosed to him by a third party while he was
aware that such disclosure was not made w ith the consent of the person to whom the
secret belongs or the authorized user, for the purpose of obtaining an economic
benefit or harming the interests of the person to whom the secret belongs or the
authorized user;
(g) manufacturing products that are patented or protected by utility models or industrial
designs, or making use of patented processes without the consent of the right holder
or without the corresponding licence or authorization;
(h) importing, distributing or marketing products covered by a patent or protected by
utility models or industrial designs, while being aware that they were manufactured orproduced without the consent of the right holder or without the corresponding licence
or authorization.
In reference to rights in programme-carrying satellite signals:
181
(a) Retransmitting or distributing to the public a programme-carrying signal, whether by
wireless means or via cable, optic fibre or other similar method;
(b) decoding an encoded programme-carrying signal, whether transmitted by wire or
wireless means;
(c) fixing a protected broadcast for distribution to the public;(d) participating in the manufacture, assembly, modification, sale, hiring out, installation
or maintenance of – or placing in circulation by any other means – a device or system
that can be used to decode an encoded programme-carrying signal or to enable or
facilitate the reception of an encoded programme.
                                                     
181 Article 35 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.IP/Q/NIC/1, IP/Q2/NIC/1,
IP/Q3/NIC/1, IP/Q4/NIC/1
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L. STATISTICAL QUESTIONS
34. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
On the subject of civil enforcement in 2000, a judgement was handed down by Nicaragua's
Supreme Court, the highest court in the land, concerning the trademark "SUR".
With reference to other forms of intellectual property, no information on enforcement is yet
available as the legislation has only recently been enacted.182
35. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fineswere paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
No information is available in regard to criminal enforcement in 2000 as the legislation has
only recently been enacted.  In 2001, however, there was a large seizure of discs, tapes and
reproduction machinery and equipment used by distributors and sellers of goods that infringe
intellectual property rights.  The perpetrators were jailed, and the matter received coverage in major
Nicaraguan publications.  By way of example,  we would cite the coverage given in La Prensa  on
5 May 2001 (see<http://www.laprensa.com.ni/>) and public awareness campaigns mounted byNicaraguan authors and foreign business people aimed at putting an end to piracy and the purchase of
unlawful goods, pursuant to the Law on Copyright and Related Rights.
__________
                                                     
182 Law No. 312 on Copyright and Related Rights was enacted on 1 September 1999, and its
implementing Regulations were established on 3 March 2000.  Law No. 322 on the Protection of Programme-Carrying Satellite Signals was enacted on 14 December 1999, and its implementing Regulations were
established on 26 May 2000.  Law No. 318 on the Protection of New Plant Varieties was enacted on
12 November 1999, and its implementing Regulations were established on 2 May 2000.  Law No. 354 onPatents, Utility Models and Industrial Designs was en acted on 1 June 2000, and its implementing Regulations
are in preparation.  Law No. 324 on the Protection of Layout-Designs of Integrated Circuits was enacted on17 January 2000, and its implementing Regulations were established on 18 April 2001.  Law No. 380 onTrademarks and Other Distinctive Signs was enacted on 16 April 2001, and its implementing Regulations are in
preparation.