RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/288/Add.2
8 August 2001
(01-3947)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Replies by Nicaragua to the Questions Posed by the
European Communities and their Member States
Addendum
By means of a communication from the Permanent Mission of Nicaragua, dated
18 June 2001, the Secretariat has received the following replies to the questions posed by theEuropean Communities and their Member States, as circulated in document IP/C/W/274.
________
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 exclusionsare 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 8of 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 and
the Appendix to the B erne Convention (1971).
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).IP/C/W/288/Add.2
Page 2
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 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.
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 down
in the aforementioned Law.
1
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 or
analogue transmission;  and (e) public access to computer databases by means of
telecommunication;
• the right of distribution to the public;
• the right of rental;  and
                                                     
1 Articles 5 and 8 of Law No. 312 on Copyright and Related Rights.IP/C/W/288/Add.2
Page 3
• 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 works2 and the latter as compilations.
Article 13.2 of Law No. 312 on Copyright and Related Rights provides that:… 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 commercialrental 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.
                                                     
2 Article 13.2 of Law No. 312 on Copyright and Related Rights.IP/C/W/288/Add.2
Page 4
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.3
In addition, performers shall have the inalienable and non-transferable right to obtain fair
remuneration for the direct exploitation of their fixed performances.4
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
wire or wireless means, in such a way that members of the public may have access to them at a placeand time they choose.
5
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.
                                                     
3 Article 86 of Law No. 312 on Copyright and Related Rights.
4 Article 88 of Law No. 312 on Copyright and Related Rights.
5 Article 92 of Law No. 312 on Copyright and Related Rights.IP/C/W/288/Add.2
Page 5
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 of
their 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 and14.6 of the TRIPS Agreement:
Limitations on economic rights
6
(1) The reproduction of a disclosed work in one copy exclusively for personal use is
permitted.  This does not apply to:
• 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 thepurpose, 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 awork, 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 fair
practice and that the source and name of the author are indicated, if the latter appears
therein.
                                                     
6 Articles 31 to 43 of Law No. 312 on Copyright and Related Rights.IP/C/W/288/Add.2
Page 6
(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 any
other 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 if
the 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 of
radio or television broadcasts is allowed, provided that the communication is made
for the purpose of demonstrating the content or functioning of these media, materials
or equipment to customers and strictly to the extent necessary for this purpose and notas 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’s
consent 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 exceptionalcircumstances.IP/C/W/288/Add.2
Page 7
(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’ rights7
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:
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
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 actual lifetime is that lifetime plus 70 years following the author’s death.8
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 the
work, 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 rightsare 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.
- 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.
                                                     
7 Article 86 of Law No. 312 on Copyright and Related Rights.
8 Articles 21 and 27 of Law No. 312 on Copyright and Related Rights.IP/C/W/288/Add.2
Page 8
- 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 Re lated 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 thedate of entry into force of the Law, provided that such works, performances, phonograms and
broadcasts 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.
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 trademark9 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, or
the 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 appliedand that its use is not like 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 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:
                                                     
9 Articles 2 and 3 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288/Add.2
Page 9
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 are
intended to identify;
(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 towhich 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 municipalpublic 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.IP/C/W/288/Add.2
Page 10
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;
(d) a sign that constitutes a complete or partial reproduction, imitation, translation,
transliteration or transcription of a well-known distinctive sign belonging to a thirdparty, 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 or
a 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 persons
declared 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 community
concerned;
(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.IP/C/W/288/Add.2
Page 11
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 or
packaging of products or their containers or wrapping, or the means or premises for the retail sale ofthe 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 a
registration in that respect.
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 use10
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 orform, 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.
Conditions for maintaining the registration of a trademark by reason of use
11
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.
                                                     
10 Article 37 of Law No. 380 on Trademarks and Other Distinctive Signs.
11 Articles 36, 38 and 39 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288/Add.2
Page 12
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 products
or services for which the trademark has not been used and they shall be removed from the list ofproducts 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 not
within the control of the owner of the registered trademark and constitute an obstacle to its use, forexample, 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 trademarkhas 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 registeredonly 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.
12
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
                                                     
12 Article 37 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288/Add.2
Page 13
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 apply13;
• signs that consist of a geographical indication that is not sufficiently arbitrary and
distinctive with respect to the products or services to which they apply14;
• 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.15
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 the
geographical 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 human
and natural factors;  an appellation of origin shall also mean the name of a product which, withoutbeing 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
16 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 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:
                                                     
13 Article 7(i) Law No. 380 on Trademarks and Other Distinctive Signs.
14 Article 7(j) Law No. 380 on Trademarks and Other Distinctive Signs.
15 Article 8(g) Law No. 380 on Trademarks and Other Distinctive Signs.
16 Shortly to be published.IP/C/W/288/Add.2
Page 14
• 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.
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 is
necessary to allow the product embodying the design to be mechanically assembled or connected toanother 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 ofindustrial 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.IP/C/W/288/Add.2
Page 15
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 relevant
application, 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 designer
or his successor in title or by a third party who has obtained the design as a result of any actperformed by one of the former.  Such protection is  independent of the protection that can be obtained
through registration of the industrial design.
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 is
claimed.  For the sole purposes of determining novelty, the current state of the art shall alsoinclude 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 industry
shall 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, inIP/C/W/288/Add.2
Page 16
all areas of technology, which meet the requirements of novelty, an inventive step and industrial
application.
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:
(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 8of 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.IP/C/W/288/Add.2
Page 17
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 formicrobiological processes.
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.17
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 aforementioned
Law and has paid the appropriate fee.18
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:
                                                     
17 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.
18 Article 16 of Law No. 318 on the Protection of Plant Varieties.IP/C/W/288/Add.2
Page 18
(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 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 protection provided shall also extend to any biological
material derived by multiplication or propagation from the material directly obtained by means of theprocess 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:IP/C/W/288/Add.2
Page 19
(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.19  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;
• 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 earliertechnology;
• 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 thatmaterial.  The deposit of the material shall be made with an institution inside or
outside the country that is recognized by the Intellectual Property Registry.  The
deposit 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 number
assigned to it by that institution.
20
(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:21
• 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.
                                                     
19 Article 22 of Law No. 354 on Patents, Utility Models and Industrial Designs.
20 Article 19(j) and Article 22 of Law No.354 on Patents, Utility Models and Industrial Designs.
21 Article 35 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288/Add.2
Page 20
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.
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 be
legalized 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:22
(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 of
the 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
                                                     
22 Articles 46 to 48 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288/Add.2
Page 21
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 isbrought 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 resulting
from that use is not used for multiplication or propagation purposes.
(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 thecorresponding patent application, was already manufacturing the product or using the
process constituting the invention in the country, or had made genuine and effective
preparations 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 withthe 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
23;
(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 conditions24;
(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 licence25;
(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 toremedy a practice that has been declared anti-competitive
26;
                                                     
23 Article 55(c) of Law No. 354 on Patents, Utility Models and Industrial Designs.
24 First paragraph of Article 52 of Law No.354 on Patents, Utility Models and Industrial Designs.
25 Article 55(a) of Law No. 354 on Patents, Utility Models and Industrial Designs.
26 Last paragraph of Article 51 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288/Add.2
Page 22
(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 business
or establishment or part thereof that is exploiting the licence27;
(f) compulsory licences shall be granted mainly for the purpose of supplying the
domestic market28;
(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 revocation29;
(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 revoked30;
(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.31
(j) in all cases, the decision of the Intellectual Property Registry may be the subject of
the appeals32 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.  Inthis 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.
33
                                                     
27 Second paragraph of Article 53 of Law No. 354 on  Patents, Utility Models and Industrial Designs.
28 Article 53 of Law No. 354 on Patents, Utility Models and Industrial Designs.
29 Article 56 of Law No. 354 on Patents, Utility Models and Industrial Designs.
30 Articles 53, 55(b) and 56 of Law No.354 on Patents, Utility Models and Industrial Designs.
31 Article 54 of Law No. 354 on Patents, Utility Models and Industrial Designs.
32 Article 98 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288/Add.2
Page 23
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.
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.34
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 previous
legislation;  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.35
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 be
                                                                                                                                                                    
33 First paragraph of Article 52 of Law No. 354 on Patents, Utility Models and Industrial Designs.
34 Article 38 of Law No. 354 on Patents, Utility Models and Industrial Designs.
35 Articles 38 and 135(a) of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288/Add.2
Page 24
protected 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.36
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.
37
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 the
contract.  Where the layout-design has been made by two or more persons jointly, the right shallbelong to all of them collectively.
38
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 integrated
circuit incorporating the protected layout-design.39
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, 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 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
                                                     
36 Article 4 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
37 Article 6 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
38 Article 5 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
39 Article 8 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/C/W/288/Add.2
Page 25
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.40
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.
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 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 theintegrated 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.
41
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.
                                                     
40 Article 9 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
41 Article 9 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.IP/C/W/288/Add.2
Page 26
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
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.42
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.43
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.44
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:
                                                     
42 Article 8(b) and Article 9(e) of Law No.324 on the Protection of Layout-Designs of Integrated
Circuits.
43 Article 7 of Law No. 324 on the Protection of Layout-Designs of Integrated Circuits.
44 Article 122 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288/Add.2
Page 27
(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.
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 marketingor 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 rights45;  trademarks and other distinctive signs46;  patents, utility models and industrial
designs47;  programme-carrying satellite signals48;  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).
                                                     
45 Articles 106 and 107 of Law No. 312 on Copyright and Related Rights.
46 Article 102 of Law No. 380 on Trademarks and Other Distinctive Signs.
47 Articles 131 and  132 of Law No. 354 on Patents, Utility Models and Industrial Designs.
48 Article 35 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.IP/C/W/288/Add.2
Page 28
With respect to patents, utility models and industrial designs, the competent judicial authority
may order one or more of the following measures:49
(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
50, 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 any 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
                                                     
49 Articles 106 and 107 of Law No. 354 on Patents, Utility Models and Industrial Designs.
50 Articles 97 to 101 of Law No. 312 on Copyright and Related Rights.IP/C/W/288/Add.2
Page 29
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 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;  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
51, 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 Varieties
52 incorporates by reference the
provisions laid down in Law No. 354 on Patents, Utility Models and Industrial Designs.
                                                     
51 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.
52 Article 79, Law No. 318 on Plant Varieties.IP/C/W/288/Add.2
Page 30
Provisional measures
- Industrial property
In accordance with the Law on Patents53, the following provisional measures may be ordered
inter alia :54
• 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.55
The Law on the Protection of Layout-Designs of Integrated Circuits envisages measures of
this kind.56
The Law on Trademarks and Other Distinctive Signs57 likewise provides for precautionary
measures, including:58
• 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.59
                                                     
53 Article 113 of Law No. 354 on Patents.
54 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).
55 Articles 118 to 120 of Law No. 354 on Patents.
56 Article 24 of Law No. 324 on Integrated Circuits.
57 Article 143 of Law No. 380 on Trademarks and Other Distinctive Signs.
58 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).
59 Articles 147 to 152 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288/Add.2
Page 31
The Law on the Protection of New Plant Varieties60 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 Rights61 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 copies
reproduced or used in connection with the infringing activity and of any associated tools, togetherwith any revenue obtained as a result of the infrin ging activity.  Similarly, under this legislation, the
parties may request judicial examination of the evidence.
62
The Law on the Protection of Programme-Carrying Satellite Signals63 stipulates that, without
prejudice to the precautionary measures for which the ordinary legislation provides, the judicialauthority 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;
• inspection of equipment, installations and immoveables;
                                                     
60 Article 81 of Law No. 318 on Plant Varieties.
61 Article 102 of Law No. 312 on Copyright.
62 Paragraph 3 of Article 103 of Law No. 312 on Copyright.
63 Articles 31 and 33 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.IP/C/W/288/Add.2
Page 32
• adoption of other measures necessary to prevent infringement or safeguard evidence.
These proceedings are usually expeditious.  Their duration is one, four or five months.  In the
case of patents, there are no remedies that may be ordered.  It is only possible to accept or reject the
comments on a patent application.64
Circumstances in which measures may be imposed
The copyright and related rights legislation65 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 requested
might 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.66
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 requirethe 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 patents
67,
trademarks, integrated circuits and new plant varieties within fifteen (15) working days of the
imposition of the measure.  The period applicable to copyright and related rights68 is twenty (20) days
                                                     
64 Article 98 of Law No. 354 on Patents.
65 Paragraph 2.2 of Article 103 of Law No. 312 on Copyright.
66 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.
67 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.
68 Article 104 of Law No. 312 on Copyright.IP/C/W/288/Add.2
Page 33
from adoption.  In the case of programme-carrying satellite signals69, 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.70
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 ensure
the 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.71
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.72
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. 35473 on Patents, Utility Models and Industrial
Designs;  Law No. 38074 on Trademarks and Other Distinctive Signs;  the Regulations of Law
No. 31275 on Copyright and Related Rights;  and the Regulations of Law No. 318 on the Protection of
New Plant Varieties.76
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.
77
                                                     
69 Article 34.2 of Law No. 322 on Satellites.
70 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.
71 Articles 921 to 930 and Article 1166 of the Code of Civil Procedure.
72 Article 97 and Article 1109 of the Code of Civil Procedure.
73 Article 120 of Law No.354.
74 Article 150 of Law No.380.
75 Articles 37 and 52 of the Regulations of Law No.312.
76 Article 40 of Law No.318.
77 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 DistinctiveSigns;  Article 28.1 of the Law on the Protection of Programme-Carrying Satellite Signals;  Article 24 of the
Law on the Protection of Layout-Designs of Integrated Circuits, which refers to the protection mechanismsIP/C/W/288/Add.2
Page 34
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.
                                                                                                                                                                    
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/C/W/288/Add.2
Page 35
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.78  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 pesos79, 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 pesos80, equivalent to US$ 8,000:
                                                     
78 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.
79 The Central American peso is a currency unit with the following rate of exchange:  one Central
American peso equals one United States dollar.
80 The Central American peso is a currency unit with the following rate of exchange:  one Central
American peso equals one United States dollar.IP/C/W/288/Add.2
Page 36
(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 business
secret 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 the
authorized 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 secretbelongs 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 orwithout 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 licenceor 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 of
confusion 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 ofthe 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/C/W/288/Add.2
Page 37
(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 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 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 regardingauthorization 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, orin 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
81, 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
of unlawful copies seized.  In any case, the amount of indemnification shall not be less than the value
of 100 copies.
                                                     
81 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/C/W/288/Add.2
Page 38
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 orrestrict 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 concerning
rights 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, the
performer, 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 suchinformation, 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 to
the 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.
(2) Decodes an encoded programme-carrying signal, whether transmitted by wire or
wireless means.IP/C/W/288/Add.2
Page 39
(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 - adevice 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 theinfringer’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;
(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;IP/C/W/288/Add.2
Page 40
(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.
__________