RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/288
29 June 2001
(01-3260)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Replies by Nicaragua to the Questions Posed by Canada,
Switzerland and the United States
By means of communications from the Permanen t Mission of Nicaragua, dated 5 June 2001, the
Secretariat has received the following replies to the questions posed by Canada, Switzerland and the
United States, which were circulated in doc uments IP/C/W/261, IP/C/W/263 and IP/C/W/268
respectively.
_______________
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
This question was fully answered by Nicaragua in the Check-list of Issues on Enforcement
circulated as document IP/N/6/NIC/1.
2. What protection does your copyright legislation afford to "foreign works"?
The Nicaraguan Constitution establishes the equality of all persons before the law, and
guarantees the right to equal protection.  It prohibits discrimination by reason of birth, nationality,
political beliefs, race, etc.  This provision of the Constitution provides that "foreign nationals have the
same obligations and rights as Nicaraguans, except for political rights and such rights as may be
established by law ...".1  Nicaraguan legislation on copyright and related rights makes reference to
adherence to the rule of national treatment.  A ccordingly, no distinction is made between foreign
works and Nicaraguan works, and all enjoy the same protection afforded to Nicaraguan works.  The
legislation recognizes the following:
• Moral rights: authorship; integrity; disc losure; withdrawal or taking back; and
alteration.  These rights may not be renounced or transferred.
• Economic rights:  the author’s exclusive right to authorize or prohibit the exploitation
of the work.  These rights are time-bound and may be transferred.  Economic rights
exist throughout the author’s lifetime and for seventy (70) years after his death, or
after he has been declared to be dead or to have disappeared.2
The author is given full use of the work and the exclusive right to exploit it, without any
limitations other than those set forth in Articles 31 to 43 of Law No. 312 on "Copyright and Related
                                                     
1 Nicaraguan Constitution, Article 27, paragraph 2.
2 Article 27 of Law No. 312 on Copyright and Related Rights.IP/C/W/288
Page 2
rights" ( Derechos de Autor y Derechos Conexos ), of 26 August 1999.  Protection is afforded to all
original and derived literary, artistic and scientific creations, regardless of their nature or merit, or
present or future form.
SWITZERLAND
A. G EOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Geographical indications and appellations of origin are protected under Nicaraguan law by
Article 2, Article 3 (paragraph 2), Article 7 (subparagraphs (i) and (j)), Article 8 (subparagraph (g))
and Articles 68 to 78 of Law No. 380 on Trademarks and Other Distinctive Signs ( Ley de Marcas y
Otros  Signos Distintivos ) of 26 March 2001.
The main provisions are as follows:
• A geographical indication may not be used in trade in connection with a product or
service if it is false or misleading with respect to the origin of that product or service,
or if its use might create confusion amongst the public as to the origin, source, qualityor any other characteristic of the product or service in question;
• no indication that could lead to error or confusion regarding the geographical source
of products or services may be used in advertising or in commercial documentationrelating to the sale, display or offer of such products or services;
• marks containing such expressions as "class", "type", "style", "imitation", and so forth
may not be used in the registration of trademarks;  and
• any trader may show his name or address on the products he sells, even if they
originate in a different country, provided that that information is accompanied by aclear indication, in sufficiently legible lettering, of the country or place of
manufacture or production of the goods, or any other indication sufficient to precludeany error as to the goods’ true place of origin.
B. P
ATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist and how they
comply with Article 27 of the TRIPS Agreement.
Patent protection
Pursuant to Law No. 354 on Patents, Utility Models and Industrial Designs ( Ley de Patentes
de Invención, Modelo de Utilidad y Diseños Industriales ), of 19 September 2000, patent protection is
given to all inventions, whether of products or of processes, in all fields of technology, provided that
they meet the requirements of novelty an inventive step, and are industrially applicable.IP/C/W/288
Page 3
Subject-matter excluded from protection
Article 7 of Law No. 354 establishes that patents shall not be granted for animals, for
therapeutic, surgical or diagnostic methods applic able to human beings or animals, or for any
invention whose commercial exploitation has to be prevented in order to uphold public order or
morality, safeguard human, animal or plant health or life, or to protect the environment, provided that
such exclusion is not due to the fact that exploitation of the product is prohibited by any legal or
administrative provision.
In accordance with Article 6 of the Law, the following,  inter alia , do not constitute
inventions:
(a) Mere discoveries;
(b) maternal or energy in the form in which they are found in nature;(c) biological processes as they occur in nature, which do not require human intervention
in order to produce plants or animals, except for microbiological processes;
(d) scientific theories and mathematical methods;(e) purely aesthetic creations;  literary and artistic works;  and(f) plans, principles, rules or methods pertaining to economics, advertising or business,
or those relating to purely mental or intellectual activities or the playing of games;
computer programs considered in isolation.
Protection of pharmaceutical products
In Nicaragua, patent protection is granted for any pharmaceutical product or process that
meets the requirements of novelty, an inventive step and industrial applicability, pursuant to Article 8
of the aforementioned law.
Protection of new plant varieties
Nicaragua affords special protection to new plant varieties, pursuant to Law No. 318 on the
Protection of New Plant Varieties ( Ley de Protección a las Obtenciones Vegetales ) of 2 May 2000,
which is currently in force.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
Law No. 354 on Patents, Utility Models and Industrial Designs does not establish limitations
on the granting or maintenance of a patent or patent right because a good is produced locally or
imported, so there is no provision on compulsory licensing in such cases.
4. Does your legislation make the granting of a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevantprovisions of law.
In compliance with the provisions of the TRIPS Agreement, Law No. 354 on Patents, Utility
Models and Industrial Designs provides that in Nicaragua compulsory licences may be granted forIP/C/W/288
Page 4
reasons of public interest or a national emergency, or to remedy an anti-competitive practice.  The
granting of such licences shall be su bject to the following conditions:
(a) Authorization to use a patented invention, without the consent of the right holder,
shall be considered on a case-by-case basis, consequently, the decision to grant acompulsory licence shall specify the conditions necessary for the licence to achieve
its purpose (Article 55, subparagraph (c));
(b) any person requesting a compulsory licence shall prove:  (1) that he has previously
applied to the owner for a contractual licence;  and (2) that he has been unable to
obtain such a licence on reasonable terms and conditions (Article 52, first paragraph);
(c) the scope and duration of the compulsory licence, and the activities for which it is
granted, shall be limited to those purposes cited as grounds for the granting of the
licence (Article 55, subparagraph (a));
(d) where a licence is requested for a patent that protects any kind of semiconductor
technology, the licence shall only be granted for non-commercial public use or to
remedy a practice that has been declared anti-competitive (Article 51, last paragraph);
(e) a compulsory licence may not be granted on an exclusive basis, nor be subject to
assignment or sub-licensing and it may only be transferred together with the business
or establishment or part thereof that is exploiting the licence (Article 53, second
paragraph);
(f) compulsory licences shall be granted mainly for the purpose of supplying the
domestic market (Article 53, first paragraph);
(g) compulsory licences may be revoked at the request of any interested party if the
circumstances that caused the licence to be granted no longer exist and are unlikely to
recur, in which case the necessary measures shall be taken to give proper protection
to the legitimate interests of the licensee affected by such revocation (Article 56, first
paragraph);
(h) when a compulsory licence is granted, the amount and form of the payment to be
made by the licensee shall be specified.  The amount of the payment shall be
determined according to the circumstances of the case and the economic value of the
licence.  The obligation to make this payment is one of the provisions included in the
decision granting the licence.  If the licen see fails to comply with this requirement,
the compulsory licence may be revoked (Article 53, first paragraph; Article 55,
subparagraph (b);  and Article 56);
(i) in the case of licences in respect of dependent patents, the following requirements
must also be met:
• Licences shall only be granted when the invention claimed in the later patent
represents a technical advance of considerable economic importance in
relation to the invention claimed in the earlier patent;
• a compulsory licence to exploit the earlier patent may only be assigned
together with the later patent;IP/C/W/288
Page 5
• the owner of the earlier patent may, under the same circumstances, obtain a
compulsory licence to exploit the invention claimed in the later patent(Article 54);
(j) in all cases, decisions made by the competent authority may be subject to review
through the courts (Articles 56 and 98).
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?
Article 109 of Law No. 354 on Patents, Utility Models and Industrial Designs provides as
follows:
"Where the subject-matter of a patent is a process for the making of a new product and the
product has been made by a third party, it shall be presumed, in the absence of proof to the
contrary, that the product has 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."
C. P
ROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does yourlegislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Under Article 125 of Law No. 354 on Patents, Utility Models and Industrial Designs,
Nicaragua's legislation guarantees that data or se crets made known to the competent national authority
for purposes of authorizing the marketing or sale of pharmaceutical or agrochemical products
containing new chemical compounds shall be protected against unfair commercial use by third parties
and against disclosure.  Consequently, a second applicant may not make use of such data presented by
the first applicant as this would constitute unfair commercial use.
Exceptions
Pursuant to the second paragraph of Article 125, the competent national authority may
disclose information or data if necessary in order to protect the public, or if appropriate steps have
been taken to ensure that such information or data are protected against unfair commercial use.
Term of protection
No specific terms of protection are set under Nicaraguan legislation.IP/C/W/288
Page 6
D. E NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
This question was fully answered by Nicaragua in the Check-list of Issues on Enforcement
circulated as document IP/N/6/NIC/1, in the reply to question 21 with respect to criminal matters and
in the replies to questions 5 and 10 with respect to civil matters.
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
Legislative initiatives
Nicaragua currently has an initiative under way to put in place a new Criminal Code and a
new Code of Criminal Procedure, which both incorporate new provisions regarding enforcement.Both draft texts are now before the National Assembly.
Institutional initiatives
In 1998, Nicaragua consolidated its intellectual property administrative structure, setting up a
single institution pursuant to Law No. 290 on the Organization, Competence and Procedures of the
Executive ( Ley de Organización, Competencia y Procedimientos del Poder Ejecutivo ), of
1 June 1998, and special legislation on intellectual property.  This has made it possible:
• To foster effective and adequate protection for all intellectual property rights
(industrial property and copyright and related rights);
• to take effective action to guarantee the proper application of measures to enforce
intellectual property rights.
Noteworthy in the latter area is the seizure of discs, tapes and reproduction machinery and
equipment used by distributors and sellers of goods that infringe intellectual property rights, whichhas received coverage in major Nicaraguan publicat ions.  By way of exampl e, we would cite the
coverage given in La Prensa  on 5 May 2001 (see<http://www.laprensa.com.ni/>), and public
awareness campaigns mounted by Nicaraguan authors and foreign business people aimed at putting an
end to piracy and the purchase of unlawful goods, pursuant to the Law on Copyright and Related
Rights.
Lastly, efforts have been under way since 1995 to promote training programmes for officials
of the Judiciary (magistrates, judges, Supreme Court advisers), the Legislature Branch (members of
the Commission on Education, News Media, Culture and Sport) and the Executive (police, customs
service, Ministry of Communications, Ministry of Development, Industry and Trade, Office of the
Adviser to the President, the Attorney General's O ffice), with the support of the World Intellectual
Property Organization (WIPO), the Permanent Secretariat of the General Treaty on Central AmericanEconomic Integration (SIECA), the Swedish Intern ational Development Agency (SIDA), and others.
Training has also been extended to the education field.IP/C/W/288
Page 7
UNITED STATES
A. G ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most-
favoured-nation treatment are provided  to nationals of other WTO Members.
Nicaragua grants all foreign nationals, in respect of all forms of intellectual property,
treatment that is no less favourable than that given to Nicaraguans in regard to the acquisition,
protection, enjoyment and defence of all intellectual property rights, inasmuch as nationality and placeof origin are not requisite criteria for the granting or enjoyment of rights.  Specific provisions in this
regard are laid down in the Law on Patents, Utility Models and Industrial Designs
3, the Law on the
Protection of Programme-Carrying Satellite Signals ( Ley de Protección de Señales Satelitales
Portadoras de Programas )4 and the Law on the Protection of New Plant Varieties.5  As for the Law
on Copyright and Related Rights, the Law on the Prot ection of Lay-out Designs of Integrated Circuits
(Ley de Protección a los Esquemas de Trazado de Circuitos Integrados ) and the Law on Trademarks
and Other Distinctive Signs, these do not contain any provision that imposes additional requirements
or conditions on foreign nationals for acquiring, ma intaining or exercising the rights recognized in
those Laws, which is consistent with  Article 3 of the TRIPS Agreement.
With regard to most-favoured-nation treatment, although the intellectual property laws do not
expressly incorporate it, this obligation forms part of the Nicaraguan legal system, as Nicaragua
applies the provisions of Article 4 of the TRIPS Agreement.  Such application is by virtue of the fact
that the provisions of international treaties which Nicaragua has ratified and which do not require the
enactment of specific legislation – as is the case with Article 4 of the TRIPS Agreement – are fullyapplicable, binding and enforceable, subject to any exemptions contained in the Article itself.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyrigh t law of Nicaragua complies with Article 9
of the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPS Agreement.
Nicaragua's Law No. 312, on Copyright and Related Rights meets the requirements in
Article 9 of the TRIPS Agreement, as well as those in Article 6 bis of the Berne Convention (1971).
All original literary and artistic creations are protected, regardless of their nature, or merit, or
present or future form.  The Law protects original  and derived works alike, in such a way that the
following original creations are considered to be independent works, without prejudice to any
copyright that may apply in respect of the original work:
• Compilations of literary, artistic or scientific works which, owing to the selection or
arrangement of their contents constitute intellectual creations;
• translations, adaptations and dubbed soundtracks;
• revisions, updates and annotations;
                                                     
3 Article 4 of Law No. 354 on Patents, Utility Models and Industrial Designs.
4 Article 2 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.
5 Article 4 of the Law on the Protection of New Plant Varieties.IP/C/W/288
Page 8
• musical arrangements;
• compendiums, digests and abstracts;  and
• any other creation that is the result of transforming an original work.
The following shall not be protected:
• Mathematical ideas, processes, methods or concepts;
• laws, government regulations, draft laws, minutes, agreements, deliberations and
decisions by public bodies and agencies, and official translations of such texts;
• rulings by the courts.
In Nicaragua, copyright includes moral and economic rights that give the author full control
over the work, and the exclusive right to exploit it, without any limitations other than those laid down
in the aforementioned Law.6
Economic rights are assignable and time-bound, and include the following:
• The right to reproduce the work, in whole or in part, permanently or temporarily, on
any type of medium;
• the right of transformation;
• the right of translation;
• the right of adaptation;
• the right of communication to the public, for example:  (a) oration, (b) direct or
indirect performance, (c) public projection and exhibition or showing, (d) digital or
analogue transmission, (e) public access to computer databases by means of
telecommunication;
• the right of distribution to the public;
• the right of rental;
• the right to import;
All these economic rights are governed by the provisions in Chapters V and VII of
Law No. 312, and in Articles 10 to 28 of its implementing Regulations.
In addition to the protection of economic rights, Nicaragua gives broad protection to moral
rights, as provided in Article 6 bis of the Berne Convention and covered by Articles 19 to 21 of
Nicaraguan Law No. 312.
As to the term of protection, the Law establishes a time-limit for economic rights, but not for
moral rights, which upon the death of the author pass to the author’s heirs without limitation as to
                                                     
6 Articles 5 and 8 of Law No. 312 on Copyright and Related Rights.IP/C/W/288
Page 9
time, or if there are no heirs they revert to the State.  The term of the economic rights in works whose
period of protection can be calculated on the basis of the author’s lifetime is that lifetime plus
70 years following the author’s death.7
In the case of those works whose period of protection cannot be calculated on the basis of the
author’s lifetime, the economic rights shall be protected for 70 years as of the date of disclosure of the
work, as required by Article 12 of the TRIPS Agreement.
3. Please explain how the copyright law of Nicaragua protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
In Nicaragua, computer programs and databases are protected from the moment they are
created, the former as literary works8 and the latter as compilations.
Article 13.2, of Law No. 312 provides the following:"All original and derived literary, artistic or scientific creations (...) are protected, regardless
of their nature or merit, or present or future form, including:
(2) (...) computer programs, whether they are in source or object code and irrespective of their
means or form of expression."
Compilations of texts and databases are protected under Article 14 of Law No. 312, which
provides as follows:
"Compilations of literary, artistic or scientific works, such as anthologies and compilations of
texts, administrative or judicial decisions or of other materials, including databases which,owing to the selection or arrangement of their contents constitute intellectual creations, (…)
shall be considered independent works."
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please cite the corresponding provision of the
copyright law of Nicaragua.
Article 22 of Law No. 312 provides that "The  author shall have the exclusive right to
authorize or prohibit the exploitation of his work in any form", and Article 23.5 of the Law establishes
that the right of rental is an economic right.
Regarding the leasing of computer programs and cinematographic works, Article 22 of the
Regulations implementing Law No. 312 states that:
"In regard to the rental right, authors of computer programs, cinematographic works and
works incorporated in phonograms shall enjoy the exclusive right to authorize the commercial
rental to the public of the original or of copies of their works."
5. Please describe the protection the Copyright Law of Nicaragua provides for performers,
and the term of the protection.
Performers enjoy the right to authorize the broadcasting or communication to the public of
their unfixed performances, unless they are intended for broadcasting, as well as the right to fixation
of their performances.
9
                                                     
7 Articles 21 and 27 of Law No. 312 on Copyright and Related Rights.
8 Article 13, paragraph 2, of Law No. 312 on Copyright and Related Rights.IP/C/W/288
Page 10
With respect to fixed performances, they have:  the right to authorize the direct or indirect
reproduction of the performance;  the right to distribute such fixations by making copies thereof
available to the public;  the right of rental;  the right of communication to the public, which includes
the right to authorize that the performance be made available to the public, by wire or wireless means,in such a way that members of the public may have access to it at a place and time they choose.
10
In addition, performers have the inalienable and non-transferable right to obtain fair
remuneration for the direct exploitation of their fixed performances.11
The aforesaid rights are protected for seventy (70) years as of 1 January of the year following
disclosure of the fixed performance or, in its absence, the year of the performance.
In addition, the performer has the right to be named as the performer, and to oppose any
alteration or mutilation of his performance that might damage his image or reputation.  These rights
are inalienable and non-transferable.  Upon the performer's death, the exercise of these rights passes to
his heirs for a period of seventy (70) years from the date of the performer's death.
The foregoing provisions are governed by Articles 86 to 91 of Law No. 312.
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Nicaragua impl ements these obligations and indicate the term
of protection.
Producers of phonograms have the exclusive right to authorize or prohibit the reproduction,
distribution by sale or rental, import, adaptation and communication to the public of their
phonograms, and the exclusive right to authorize that their phonograms be made available to the
public, by wire or wireless means, in such a way that members of the public may have access to them
at a place and time they choose.12
Producers of phonograms have the exclusive right to authorize, perform or prohibit the
following in respect of their phonograms:
(1) Direct or indirect reproduction, of all or part of their phonograms by any means or
process, as well as their exploitation in any form;
(2) distribution of the original or copies of their phonograms by means of sale or any
other form of transfer ownership, including their distribution by means of signals or
transmissions;
(3) public communication of their phonograms by  any means or process, whether by wire
or wireless means;
(4) import of their phonograms, copies or reproductions thereof;(5) synchronization of their phonograms;
                                                                                                                                                                    
9 Article 86 of Law No. 312 on Copyright and Related Rights.
10 Article 87 of Law No. 312 on Copyright and Related Rights.
11 Article 88 of Law No. 312 on Copyright and Related Rights.
12 Article 92 of Law No. 312 on Copyright and Related Rights.IP/C/W/288
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(6) rental or public lending of their phonograms or transfer of ownership by any means
permitted under the law;
(7) making the phonograms available to the public whether by wire or wireless means, in
such a way that members of the public may have access to them from such location
and at such time as each person they choose;
(8) adaptation or transformation of their phonograms.The term of the rights is seventy (70) years as of 1 January of the year following publication
of the phonogram, or if it is not published, the year of its fixation.
C. T
RADEMARKS
7. Please describe the subject-matter that can comprise a trademark under the trademark
law of Nicaragua.
Nicaragua’s legislation on trademarks and other distinctive signs defines a trademark as "Any
sign capable of distinguishing products or services".13  Trademarks may consist, inter alia , of one or
more words advertising slogans and phrases, letters, numbers, monograms, figures, images, labels,
shields, engravings, vignettes, borders, lines and stripes, and combinations and arrangements ofcolours, sounds and other perceptible signs.  They may also consist of the form, presentation or
packaging of products or their containers or wrapping, or the means or premises for the retail sale of
the products or services in question.
Trademarks may also consist of a Nicaraguan or foreign geographical name, provided that
they are sufficiently arbitrary and distinctive with re spect to the products or services to which they are
applied and that their use is not likely to create any risk of confusion as regards the origin, source,
qualities or characteristics of the products or services to which the trademark is to be applied, nor any
risk of association with a well-known geographical name for the same products or services nor of
unfair appropriation of the reputation of such a geographical indication.
8. Please describe the procedure that must be followed to register a trademark in
Nicaragua, citing the relevant provisions of the law, and describe the rights that the owner of a
registered mark can exercise.
Registration procedure
In general, the trademark registration procedure consists of the following steps:  filing of the
application, examination as to form, publication in the Official Journal  La Gaceta , examination as to
substance, decision and certification.
- Filing of the application
The date of filing of the application shall be deemed to be the date on which the application is
received by the Trademark Registry, provided that wh en it is received it contains the following as a
minimum:
• A clear statement to the effect that the registration of a trademark is being requested;
• sufficient information to identify the applicant;
                                                     
13 Articles 2 and 3 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288
Page 12
• the trademark whose registration is being requested, if it consists only of text, or a
reproduction of the trademark if it consists of a special design or shape or special
colours or if it is a figurative, mixed or three-dimensional trademark, with or without
colours;
• a list of the products or services for which the applicant wishes to register the
trademark;
• the corresponding receipt showing that the applicable fees have been paid.
If any of the items listed above is missing from the application, the competent authority shall
notify the applicant so that the omission may be corrected.  If it is not corrected, the application shallbe deemed not to have been filed.
- Examination as to form
The competent authority shall examine the application to determine whether it meets all
requirements.
14  If any error or omission is noted, the applicant shall be notified and given two months
to correct it.  If the error or omission is not corrected, the application shall be deemed to have beenabandoned and automatically placed in the archives.
Once the application has been verified as to form, it shall be published in the official journal
La Gaceta,  once only, within 15 days, at the applicant’s expense.
- Opposition
Any interested person may oppose an applicatio n for the registration of a trademark within
two months following the publication of the applic ation.  The opposition must cite the elements of
fact and of law on which it is based, and include or offer to provide any relevant evidence.  Anyevidence not accompanying the opposition must be submitted within 30 calendar days after the date
on which the opposition has been lodged.
The applicant shall be notified of any opposition, and must respond within two months after
the date of notification.  Once that deadline has passed, the competent authority shall examine thesubstance of the application and take a decision regarding the application and any opposition lodged.
The parties may agree to appoint arbitrators to resolve any issues related to the opposition.
15
- Examination as to substance
Once the deadline for lodging opposition has passed, the competent authority shall examine
whether the trademark is covered by one of the prohibitions established under the trademark
legislation.16
If the trademark is covered by one of the prohibitions established, the competent authority
shall notify the applicant, indicating the grounds for the objection.  The applicant then has two monthsfrom the date of notification to respond.  If the competent authority reaffirms the grounds for the
                                                     
14 Articles 9, 10 and 11 of Law No. 380 on Trademarks and Other Distinctive Signs.
15 For this purpose, the applicable provisions of  Book Three, Title XIII, relating to arbitration
procedures, Articles 958 to 990 of the Code of Civil Procedure, shall be applicable to the Trademark Registry.
16 Articles 7 and 8 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288
Page 13
objection, it shall issue a decision rejecting the application, giving the grounds therefor.  If any
opposition has been lodged, it is disregarded.
- Decision and certification
Once the application has been examined as to substance, the corresponding decision shall be
issued and notified to the applicant.  If it is decide d to grant the trademark, a certificate shall be issued
indicating the rightful holder and the term of regi stration of the trademark requested;  this shall be
published in the official journal La Gaceta .
Rights that the owner of a registered trademark may exercise
The registration of a trademark gives the holder the right to prohibit third parties from using
the trademark, and to pursue such actions and take such measures as may be appropriate before the
judicial authorities against anyone who infringes his rights.  The owner of a registered trademark may
prevent any third party from:
• Applying or placing the trademark or an identical or similar distinctive sign on
products for which the trademark has been registered, or on products associated withthe services for which the trademark has been registered, or on the containers,
wrapping, covering or packaging of such products;
• removing or altering the trademark for commercial purposes, after it has been applied
or placed on products of the kind described in the foregoing subparagraph;
• making labels, containers, wrapping, covering or other materials that reproduce or
contain the trademark, or marketing or possessing such items;
• refilling or reusing, for commercial purposes, any containers, wrapping or covering
that bear the trademark;
• using in trade an identical or similar si gn to the trademark with respect to any
products or services if such use might create confusion or a risk of association withthe owner of the registered trademark, it be ing understood that the use of an identical
sign for identical products or services creates the presumption of the likelihood of
confusion;
• using in trade an identical or similar si gn to the trademark with respect to any
products or services if such use might cause unfair economic or commercial injury tothe owner of the registered trademark by reason of a weakening of the distinctive
force or the commercial or advertising value of the trademark, or an unfair
appropriation of the prestige of the trademark or its owner;
• using publicly a sign identical or similar to the trademark, even for non-commercial
purposes, if this may weaken the distinctive force or the commercial or advertisingvalue of the trademark, or constitute unfair appropriation of its prestige.IP/C/W/288
Page 14
9. Please provide the length and terms of protection the trademark law of Nicaragua
provides for a trademark.
Duration17
The initial term of registration of a trademark is ten (10) years computed from the date on
which it is granted, but this can be renewed indefinitely, for  ten years at a time, provided that
application for the renewal is made before the current registration term expires and that the necessary
fee to maintain registration is paid.  The appli cation for renewal must be submitted during the last
year before the term of the current registration expires;  but a grace period is also allowed so the
application may be submitted within six months after it expires, in which case an additional fee
applies.
The renewal of a trademark registration takes effect from the date on which the previous
registration expires, even if the renewal is requested during the grace period.  During the grace period,
the previous registration remains fully in force.
Terms of protection
The registration of a trademark may be renewed indefinitely for successive ten-year periods
as of the expiry date of the previous term.
10. Please explain whether well-known service marks are granted the same level of
protection as well-known trademarks under the laws of Nicaragua.
Nicaraguan law gives service marks the same level of protection established for trademarks,
and recognizes the well-known nature of all distinctive signs.18
Chapter XV of the Law on Trademarks and Other Distinctive Signs19 contains provisions
relating to the protection of well-known signs (trademarks, trade names, labels, emblems or
appellations of origin), and specifies the applicable criteria and sectors for determining whether a sign
is well known.  In addition, Article 8, subparagraph (d) of the Law prohibits registration as a
trademark of any sign that constitutes a complete or partial reproduction, imitation, translation,
transliteration or transcription of a well-known distinctive sign belonging to a third party, irrespectiveof the goods or services to which it applies, if:
• The use of the sign could create a risk of confusion or association with the well-
known distinctive sign;
• the use of the sign could weaken the distinctive force or commercial or advertising
value of the well-known distinctive sign;  or
• the use of the sign might imply an unfair appropriation of the reputation of the well-
known distinctive sign.
11. Please explain whether the relevant auth orities in Nicaragua take account of the
knowledge of the trademark in the relevant sector of the public, including knowledge obtainedas a result of promotion of the mark, in determining whether a mark is well-known, as required
by Article 16.2 of the TRIPS Agreement.
                                                     
17 Article 21 of Law No. 380 on Trademarks and Other Distinctive Signs.
18 Article 2 of Law No. 380 on Trademarks and Other Distinctive Signs.
19 Articles 79 to 82 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288
Page 15
Yes.  Article 82 of Law No. 380 on Trademarks and Other Distinctive Signs, establishes that,
in order to determine whether a distinctive sign is well known, the following shall be taken into
account as relevant sectors, among others:
• Actual or potential consumers of the kind of products or services to which the sign is
applied;
• persons employed in the marketing channels for the products or services to which the
sign is applied;
• business circles associated with the type of enterprise, activity, products or services to
which the sign is applied.
To determine whether a sign is well-known, it is sufficient for it to be generally known in one
of the aforementioned sectors.
All relevant circumstances must be taken into account, and in particular:20
• The extent to which the sign is known amongst members of the relevant sector in
Nicaragua;
• the duration, scope and geographical breadth of the use of the sign, both within
Nicaragua and abroad;
• the duration, scope and geographical breadth of the promotion of the sign, both within
Nicaragua and abroad, including advertising and its use at fairs, exhibitions and otherevents associated with the enterprise, activity, products or services to which the sign
is applied;
• the existence and the date of any registration or application to register the distinctive
sign, both within Nicaragua and abroad;
• any actions taken to protect the distinctive sign, and in particular any decision by any
Nicaraguan or foreign authority in which the well -known nature of the sign has been
recognized;
• the amount of any investment made to promot e the distinctive sign, or to promote the
enterprise, activity, products or services to which the sign is applied.
D. G
EOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Nicaragua provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
the relevant provisions of law or regulation, and provide examples of geographical indications
so protected.
Article 68 of the Law on Trademarks and Other Distinctive Signs prohibits the use in trade, in
connection with a product or service, of geographical indications that are false or misleading with
respect to the origin of the product or service, or if their use could create confusion amongst the public
in regard to the origin, source, quality or any other characteristic of the product or service.
                                                     
20 Article 80 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288
Page 16
The Law also prohibits the registration of trademarks that consist of:
• Signs liable to cause confusion or be misleading with respect to the geographical
source of the product or service to which they are applied (Article 7, paragraph (i));
• signs that consist of a geographical indication that is not sufficiently arbitrary and
distinctive with respect to the products or services to which they are applied
(Article 7, paragraph (j));  or
• signs that contain an appellation of origin that is protected for the same products or
for different products, or that could create a risk of confusion or of association withthe appellation, or that might imply an unfair appropriation of its reputation
(Article 8, paragraph (g)).
The use in trade, with respect to a product, of false or misleading appellation of origin, even
where the true origin of the product is indicated, or if a translation of the appellation is used, or it is
accompanied by expressions such as "type", "kind" , "style", "imitation" or other similar terms, is
characterized as an offence against distinctive signs and as an act of unfair competition (Article 102,
paragraph (d), and Article 105, paragraph (h), of the Law on Trademarks and Other Distinctive
Signs).
With regard to the procedure to be followed in order to obtain protection of an appellation of
origin, Article 71 of the Law establishes that:
• In the case of Nicaraguan appellations of origin, the application for registration may
be made by two or more producers, manufacturers or makers whose production
establishments are situated in the region or place to which the appellation of origin
corresponds, or by a competent national authority;  and
• in the case of foreign appellations of origin, the application for registration may
likewise be made by the same persons provided that the appellation is first registered
in the country of origin.
To date, the appellation of origin "Pisco" has been registered in Nicaragua, as
number "41,983 C.C.".
13. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing the relevant
provisions of law or regulation, and provide examples of geographical indications for such
products.
Article 46 of the implementing Regulations
21 of Law No. 380 on Trademarks and Other
Distinctive Signs provides that, at the request of the party concerned, the registration of any trademark
for wines that contains or consists of a geographical indication that identifies wines, or the registration
of any trademark for spirits that contains or consists of a geographical indication that identifies spirits,
shall be rejected or cancelled for any wines or spirits that do not in fact have that origin.
14. Please explain whether preexisting tradem arks are protected against usurpation by
geographical indications under the laws of Nicaragua.
                                                     
21 Forthcoming.IP/C/W/288
Page 17
In accordance with the second paragraph of Article 3 of Law No. 380, a trademark may also
consist of a Nicaraguan or foreign geographical name, provided that it is sufficiently arbitrary and
distinctive with respect to the products or services to which it is applied, and that its use is not likely
to create a risk of confusion as to the origin, source, qualities or characteristics of the products or
services to which the trademark is to be applied, nor any risk of association with a well-knowngeographical name for the same products or services, nor an unfair appropriation of the reputation of
such a  geographical indication.
Pursuant to paragraphs (i) and (j) of Article 7 of the Law, a sign may not be registered as a
trademark:
• If it is likely to create confusion or be misleading with respect to the geographical
source, the nature, the method of manufacture, the qualities, the suitability for use or
consumption, the quantity or any other characteristic of the product or service to
which it is applied;  or
• it consists of a geographical indication that does not conform to the provision in
Article 3.2.
Pursuant to Article 8, subparagraph (g), of La w No. 380, a sign that contains a protected
appellation of origin may not be registered as a trademark for the same products or for different
products, or if it might create a risk of confusion or of association with the appellation, or might imply
an unfair appropriation of its reputation.
E. I
NDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for textile
designs and cite the relevant provisions of law or regulation.
Protection for industrial designs, including te xtile designs, may be obtained in two ways:
(a) Without registration, from the moment of the first public disclosure of the design, in
which case the term of protection is three years as of the date of the first disclosure of
the design to the public, provided that such release was by the designer or hissuccessor in title or by a duly authorized third party
22;
(b) by registration, in which case protection is granted for a term of five years, which
may be extended for up to two further terms of five years' duration each.23
Registration procedure
In general, the registration procedure for industrial designs, including textile designs, consists
of the following steps:  filing of the application, examination as to form and substance, publication,
decision and certification.
An application for the registration of an industrial design must be filed with the Intellectual
Property Registry and indicate:  the name of the applicant, together with the name of the designer if
the applicant and designer are not the same person;  the way in which the right was acquired, and the
designation of the products to which the design is to be applied;  the category and the subcategory of
the products in question.  A graphic or photographic reproduction of the design, or a sample of
                                                     
22 Articles 71 and 74 of Law No. 354 on Patents, Utility Models and Industrial Designs.
23 Articles 72, 85 and 86 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288
Page 18
material incorporating the design in the case of two -dimensional designs for textiles, paper or any
other flat material, must accompany the application.
The competent authority shall examine the application to determine whether it meets all
requirements.  If any error or omission is noted, the Registry shall notify the applicant accordinglyand give him two months to correct it.  Once any errors or omissions have been corrected, the design
is examined to determine whether it meets the requirem ents in order to be able to be registered.  If it
does meet those requirements, the Registry shall order that a notice be published, once only, in the
official journal La Gaceta .  When all the requirements established by law have been fulfilled, the
Registry shall enter the design in the register and issue the corresponding certificate.
F. P
ATENTS
16. Please describe in detail the way in which the patent law of Nicaragua implements
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite the relevant provisions of the law.
Under Nicaraguan legislation, Article 8 of Law No. 354 on Patents, Utility Models and
Industrial Designs establishes that an invention is patentable if it is novel, involves an inventive step
and is capable of industrial application.  The only exceptions provided in the Law are those stated in
Article 7, to wit:
(a) Animals;(b) therapeutic, surgical or diagnostic methods applicable to persons or animals;  and
(c) inventions whose commercial exploitation should be prohibited in order to uphold
public order or morality to safeguard human, animal or plant health or life, or to
protect the environment.  This is not to be understood as meaning that
commercialization should be prevented in order to protect health, life or the
environment, only by reason of the fact that exploitation of the product is prohibited
by any legal or administrative provision.
All other inventions, whether products or processes, including micro -organisms and non -
biological or microbiological processes, may be pa tented if they meet the conditions of novelty, an
inventive step and industrial applicability.
Protection of new plant varieties
New plant varieties are protected under Law No. 318 on the Protection of New Plant
Varieties.24  In order to be protected, a new plant variety must be novel, distinct, uniform and stable,
and have its own denomination.  The granting of a breeder's right depends solely on aforementioned
requirements, and it shall be granted if the breeder has completed the formalities laid down in theaforementioned Law and has paid the appropriate fee.
25
17. Please describe in detail the rights provided patent holders under the patent law of
Nicaragua and cite to the relevant provisions of law.
Where the patent claims a product, the owner has the exclusive right to:
                                                     
24 The implementing regulations for this Law were issued under Executive Decree 37-2000, published
in Issue No. 102 of the official journal La Gaceta  of 31 May 2000.
25 Article 16 of Law No. 318 on the Protection of New Plant Varieties.IP/C/W/288
Page 19
(a) Produce or manufacture the patented product;
(b) offer the product for sale, sell it or use it;  and
(c) import or stock the product for purposes of using it, selling it or offering it for sale.
Where the patent claims a process, the owner has the exclusive right to:(a) Use the patented process;(b) produce or manufacture the product directly obtained by means of the patented
process;
(c) offer the product obtained by means of the patented process for sale, sell it or use it;
and
(d) import or stock the product obtained by means of the patented process, for purposes
of using it, selling it or offering it for sale.
Where the patent protects biological material that possesses certain characteristics that have
been claimed, the owner's right extends to any biological material derived from the patented materialby multiplication or propagation and possessing the same characteristics.
Where the patent protects a process for obtaining biological material that possesses certain
characteristics that have been claimed, the owner's right extends to any biological material derived by
multiplication or propagation from the material directly obtained by means of the patented processand possessing the same characteristics.
Where the patent protects a specific genetic sequence or biological material containing such a
sequence, the owner's right extends to any product that incorporates the sequence or material and
expresses the corresponding genetic information.
26
18. Please describe in detail any provisi ons in the laws of Nicaragua permitting
unauthorized use of a patent, citing the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
Under Nicaraguan law, the use of a patent may be authorized without the owner's consent for
reasons of public interest or a national emergency or to remedy an anti-competitive practice.  Theauthorization granted in such cases shall be subject to the following conditions:
(a) Authorization to use a patented invention without the consent of the right holder shall
be considered on a case-by-case basis;  consequently, the corresponding decision
shall specify the conditions necessary for the licence to achieve its purpose
27;
(b) any person requests a compulsory licence shall prove (1) that he has previously
applied to the owner for a contractual licence;  and (2) that he has been unable to
obtain such a licence on reasonable terms and conditions28;
                                                     
26 Articles 44 and 45 of Law No. 354 on Patents, Utility Models and Industrial Designs.
27 Article 55, subparagraph (c), of Law No. 354 on Patents, Utility Models and Industrial Designs.
28 Article 52, first paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288
Page 20
(c) the scope and duration of the licence, and the activities for which it is granted, shall
be limited to those purposes cited as grounds for the granting of the licence29;
(d) where a licence is requested for a patent that protects any kind of semiconductor
technology, the licence shall only be granted for non-commercial public use or toremedy a practice that has been declared anti-competitive
30;
(e) a compulsory licence may not be granted on an exclusive basis, nor be subject to
assignment or sub -licensing and it may only be transferred together with the business
or establishment or part thereof that is exploiting the licence31;
(f) compulsory licences shall be granted mainly for the purpose of supplying the
domestic market32;
(g) compulsory licences may be revoked at the request of any interested party if the
circumstances that caused the licence to be granted no longer exist and are unlikely to
recur, in which case the necessary measures shall be taken to give proper protectionto the legitimate interests of the licensee affected by such revocation
33;
(h) when a compulsory licence is granted, the amount and form of the payment to be
made by the licensee shall be specified.  The amount of the payment shall be
determined according to the circumstances of the case and the economic value of thelicence.  The obligation to make this payment is one of the provisions included in the
decision granting the licence.  If the licen see fails to comply with this requirement,
the compulsory licence may be revoked
34;
(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 patent35;
(j) in all cases, the decisions of the Intellectual Property Registry may be the subject of
the appeals specified in Nicaragua's legislation, including judicial review through
administrative litigation channels.36
                                                     
29 Article 55, subparagraph (a), of Law No. 354 on Patents, Utility Models and Industrial Designs.
30 Article 51, last paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
31 Article 53, second paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
32 Article 53 of Law No. 354 on Patents, Utility Models and Industrial Designs.
33 Article 56, first paragraph, of Law No. 354 on Patents, Utility Models and Industrial Designs.
34 Article 53, Article 55, subparagraph (b), and Article 56 of Law No. 354 on Patents, Utility Models
and Industrial Designs.
35 Article 54 of Law No. 354 on Patents, Utility Models and Industrial Designs.
36 Article 98 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288
Page 21
19. What term of protection does the patent law of Nicaragua provide for patents?  Please
describe any provisions for extension of the term of protection and cite the relevant provisions
of the law.
The term of protection for patents is twenty (20) years, without the possibility of renewal.  No
provision exists permitting the term of protection to be extended.37
G. L AY-OUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
20. Please describe in detail the protection for lay-out designs of integrated circuits
provided under the laws of Nicaragua, including the term of protection, and cite the relevant
provisions of law.
Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits, published in the
official journal La Gaceta on 1 February 2000 constitutes the relevant framework legislation whose
implementation is the responsibility of the Directorate of the Intellectual Property Registry.
According to the provisions of this Law, a lay-out design shall be protected if it is original,
meaning that it must be the result of the personal intellectual effort of its creator and not be in
common use in the integrated circuit industry at the time of its creation.  A design shall also be
protected when it is composed of one or more elements in common use in the integrated circuit
industry if the overall combination of those elements as a whole was original at the time of itscreation.
38
An original lay-out design, whether or not incorporated in an integrated circuit, is protected if
it has not been commercially exploited anywhere in the world, unless the application for registration
in Nicaragua is filed within two years of the date of the first commercial exploitation.39
The right to protection belongs to the designer or, if applicable, to his successor in title.
However, if the lay-out design was created under a works or services contract drawn up for that
purpose or in the course of an employment relationship, the right shall belong to the person who
commissioned the works or services in question or to the employer, as applicable, unless otherwise
provided in the contract.  Where the lay-out design has been made by two or more persons jointly, the
right shall belong to all of them collectively.40
The exclusive right belonging to a right holder by virtue of the registration of a lay-out design
is effective for ten years as of the date of filing of the application.41
This exclusive gives the right holder the authority to prevent third parties from engaging in
any of the following activities:
(a) Reproducing all or part of a protected lay-out design considered to be original
pursuant to Law No. 324 by incorporating it within an integrated circuit or by any
other means;  and
(b) importing, selling or distributing, in any way, the protected lay-out design, or an
integrated circuit incorporating the design, or an article that contains such an
integrated circuit incorporating the protected lay-out design.42
                                                     
37 Article 38 of Law No. 354 on Patents, Utility Models and Industrial Designs.
38 Article 4 of Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits.
39 Article 6 of Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits.
40 Article 5 of Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits.
41 Article 7 of Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits.IP/C/W/288
Page 22
The right holder’s exclusive right with respect to a protected lay-out design shall have no
effect whatever against any third party that:
(a) Reproduces the lay-out design or the integrated circuit incorporating it without
authorization, if this is done for private purposes or for purposes of evaluation,
analysis or research, experimentation or teaching;
(b) on the basis of the evaluation or analysis of a protected lay-out design, creates a new
lay-out design that meets the criterion of originality established in the Law;
(c) has, independently, created an original lay-out design identical to the protected lay-
out design;
(d) engages in the aforesaid activities referred to in Article 8(b), of the Law, without the
authorization of the right holder, with respect to protected lay-out designs, integrated
circuits incorporating them or articles containing such integrated circuits, after theyhave 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 aforesaid activities referred to in Article 8(b), of the Law with respect
to an integrated circuit that incorporates an unlawfully reproduced lay-out design, oran article containing such an integrated circuit, if the person who commits the act was
unaware and had no reasonable grounds for knowing, at the time of obtaining the
integrated circuit or article in question, that it incorporated a protected lay-out design
which had been unlawfully reproduced;  or
(f) performs the acts referred to in Article 5 of the Paris Convention.
43
In the situation described in subparagraph (e) above, after the third party who acted in good
faith has been informed that the lay-out design has been unlawfully reproduced, at the request of the
holder of the exclusive right, he shall be required to pay compensation equivalent to the royalty that
would have been payable under a contractual licence in order to dispose of the stocks of the products
or the stock ordered prior to the notification.
H. P ROTECTION OF UNDISCLOSED INFORMATION
21. Please describe in detail how the laws of Nicaragua provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and providecitations to the relevant provisions of law.
Chapter XVIII (Articles 121 to 127) of Law No. 354 on Patents, Utility Models and Industrial
Designs contains a series of provisions regarding unfair competition, including specific provisions on
undisclosed information, although under the title "Business secrets".
Under Article 122 of Law No. 354, a business secret is considered to be any information:(a) That is not, as a whole or in the particular configuration and combination of its
components, generally known or readily accessible to persons in those circles thatcustomarily handle such information;  and
                                                                                                                                                                    
42 Article 8 of Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits.
43 Article 9 of Law No. 324 on the Protection of Lay-out Designs of Integrated Circuits.IP/C/W/288
Page 23
(b) that has been subject to reasonable precautions taken by its legitimate possessor with
a view to keeping it secret.
In addition, Article 123 of the Law lists the following as situations which are considered to be
unfair competition:
(a) Exploiting a business secret that has been obtained by virtue of confidential
knowledge gained through a contractual or employment relationship, without the
authorization of its legitimate possessor;
(b) communicating or disclosing a business secret as described in subparagraph (a)
above, without the authorization of its legitimate possessor, for one’s own benefit orthe benefit of a third party, or for the purpose of harming the interests of the
legitimate possessor;
(c) obtaining a business secret by means that are unlawful or contrary to honest trade
practices;
(d) exploiting, communicating or disclosing a business secret that has been obtained by
the means described in subparagraph (c) above;
(e) exploiting a business secret that has been obtained from another person if one knows,
or ought to know, that the person who communicated the secret obtained it by the
means described in subparagraph (c) above, or was not authorized by its legitimate
possessor to communicate it;
(f) communicating or disclosing a business secret that has been obtained as described in
subparagraph (e) above for one’s own benefit or the benefit of a third party, or for the
purpose of harming the interests of the legitimate possessor.
Lastly, Article 124 of the Law provides that a business secret shall be considered to have been
obtained by means contrary to honest trade practices if it was obtained, inter alia , as a result of non -
fulfilment of a contract or other obligation, breach of trust, disloyalty, failure to abide by a non -
disclosure agreement, or incitement to commit any of the aforesaid acts.
22. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Nicaragua and cite to the relevant provisions of law.
Under Article 125 of Law No. 354 on Patents, Utility Models and Industrial Designs, where
the competent national authority requires the submission of data or secrets for purposes of authorizing
the marketing or sale of a pharmaceutical or agrochemical product that contains a new chemical
compound, the data or secrets in question shall be protected against unfair commercial use by third
parties and against disclosure.  However, the competent national authority may disclose the data orsecrets in question if this is necessary to protect the public, or if appropriate steps have been taken to
ensure that the data or information are protected against unfair commercial use.
23. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical product permitted to rely on data submittedby the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
Information supplied for the purpose of obtaining authorization for the marketing of a
pharmaceutical or agrochemical product is protected provided that the following conditions are met:IP/C/W/288
Page 24
• The product must contain a new chemical compound;  and
• the supporting data supplied must not have previously been disclosed.
Accordingly, the protection afforded under Article 125 of Law No. 354 on Patents, Utility
Models and Industrial Designs would not prevent a third party from seeking authorization to marketan identical or similar product containing the same chemical compound, even if the application is
based on the same supporting data provided that the applicant can prove that he obtained the
information lawfully or had access to it because it was disclosed elsewhere in the world.
At present, the law does not establish a specific term for the protection of such information.
Nevertheless, it is understood that such protection continues for as long as the requisite conditions are
met.
I. E
NFORCEMENT44
24. Please describe in detail the manner in whic h the laws of Nicaragua provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
With regard to the procedures for the enforcement of intellectual property rights required by
Article 41.1 of the TRIPS Agreement, Nicaraguan le gislation provides criminal and civil procedures
to allow the owner of an intellectual property right to take effective action if his rights are infringed.
Nicaragua applies the provisions contained in its substantive law, special laws on copyright
and related rights45, trademarks and other distinctive signs46, patents, utility models and industrial
designs47, programme-carrying satellite signals48, lay-out 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 ofCriminal Investigation (CCI).
25. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party’s claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Nicaragua provide this authorizat ion, citing the relevant provisions of law or
regulation.
In Nicaragua, the competent judicial authorities have the authority to order the production of
documents and moveables within the control of the parties, pursuant to the Code of Civil Procedure.
49
26. Please describe in detail all of the civil remedies that are available to right holders underthe laws of Nicaragua, citing the relevant provisions of law or regulation.
                                                     
44 The following terms are used in this section:
CCP:  the Nicaraguan Code of Civil Procedure.Central American peso:  A unit of exchange equivalent to one United States dollar.Córdoba:  The monetary unit of the Republic of Nicaragua, whose exchange rate at the time of writing
(June 2001) stands at C$13.40 = US$1.00.
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 Lay-out designs of Integrated Circuits.
49 Code of Civil Procedure:  Articles 921 to 930 and Article 1166.IP/C/W/288
Page 25
Nicaragua provides the following civil procedures and remedies for the enforcement of
intellectual property rights.
Competent courts
(1) Civil District Courts.(2) Appeal Courts.(3) Supreme Court of Justice.These courts decide on complaints relating to infringements or violations of intellectual
property rights.
50
This is based on Article 103 of Law No. 312 on Copyright and Related Rights, Article 28 of
Law No. 322 on the Protection of Programme-Carrying Satellite Signals, Article 105 of Law No. 354
on Patents, Utility Models and Industrial Designs, Article 97 of Law No. 380 on Trademarks andOther Distinctive Signs
51, Article 24 of Law No. 324 on the Protection of Lay-out Designs of
Integrated Circuits, Article 79 of Law No. 318 on the Protection of New Plant Varieties and Article 67
of the Central American Convention for the Protection of Industrial Property (1968).52
Participants having standing53
• Right holder
• Co-holders
• Exclusive licensees
• Collective management bodies in the field of copyright and related rights
Representation
The above -mentioned persons may be represented by attorneys or agents, provided that they
are lawyers.
Appearance
The person concerned is not required to appear personally in court and may be represented by
a lawyer.  The only case in which a personal appearance is mandatory is for obtaining evidence
(answering interrogatories), at the request of the other party.54
                                                     
50 Articles 3 and 20 of Law No. 260 on the Administration of Justice.
51 This legislation will enter into force on 17 July 2001.
52 This Agreement is in the process of being denounced.
53 Article 24 of Law No. 324 on Lay-out Designs, Articles 105 and 108 of Law No. 354 on Patents,
Article 97 of Law No. 380 on Trademarks and Other Distinctive Signs, Article 97 of Law No. 312 on Copyright
and Related Rights, Article 29 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals, andArticles 3 and 9 of the Regulations implementing Law No. 318 on the Protection of New Plant Varieties.
54 Code of Civil Procedure:  Articles 59 and Article 1200 et seq.IP/C/W/288
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Powers
The competent judicial authorities have the authority to order the production of documents
and moveables within the control of the parties, pursuant to the Code of Civil Procedure.55
Protection of confidential information
Information of this kind is protected under Nicaraguan legislation by keeping it secret, outside
the proceedings.  Similarly, the evidence must remain under the responsibility of the judge.56
Moreover, the special intellectual property laws stipulate that the judicial authorities may take
whatever steps are necessary in order to protect confidential information, where appropriate.
The applicable provisions are contained in Law No. 354 on Patents, Utility Models and
Industrial Designs57, Law No. 380 on Trademarks and Other Distinctive Signs58, the Regulations
implementing Law No. 312 on Copyright and Related Rights59 and the Regulations implementing
Law No. 318 on the Protection of New Plant Varieties.60
Measures that may be ordered by the judicial authorit ies, and legislative or judicial criteria governing
their application
• Sequestration
• Preventive seizure
• Disclosure of documents
• Inspection of equipment
• Other suitable measures to prevent infringement ordered by the court and enforced by
the customs authorities (border measures)
With respect to patents, utility models and industrial designs, the competent judicial authority
may order one or more of the following measures:61
(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;
                                                     
55 Code of Civil Procedure:  Articles 921 to 930 and Article 1166.
56 Code of Civil Procedure:  Article 97 and Article 1109.
57 Article 120 of Law No. 354.
58 Article 150 of Law No. 380.
59 Articles 37 and 52 of the Regulations implementing Law No. 312.
60 Article 40 of Law No. 318.
61 Articles 106 and 107 of Law No. 354  on Patents.IP/C/W/288
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(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
62, measures may be adopted to ensure the cessation of the
unlawful activity and compensation for moral and maternal damage.
Cessation of the unlawful activity may include:
(a) Prohibition on engaging in the acts that constitute such activity;
(b) withdrawal of unlawful copies from circulation and their destruction;(c) seizure of the equipment used and its transfer to associations of authors and
performers.
The moral right of the author shall be understood to have been infringed by the impairment of
any of the author's powers and by the violation of an y right of exclusive exploitation in the works.  In
both cases, irrespective of material damage, the author is entitled to compensation for moral damage,
even if there is no proof of the existence of economic injury derived from material damage.  For
assessment purposes, the circumstances of the infringement, the seriousness of the injury and theextent of the unlawful dissemination of the work shall be taken into account.
In determining the material damages, the followin g, in particular, shall be taken into account:
(a) The profits which the injured party would presumably have earned if there had been
no infringement;
(b) the remuneration he would have received if he had authorized the use;(c) in the case of malicious intent on the part of the infringer, any profits he may have
derived from the infringing activity.
                                                     
62 Articles 97 to 101 of Law No. 312.IP/C/W/288
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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 signals63, without prejudice to any criminal penalties, the
holder, his successor in title or representative may request from the court:
(a) Cessation of the unlawful activity;(b) prohibition on its resumption;(c) payment of compensation for damages and injury caused by the infringement of the
right;
(d) withdrawal from trade of the unlawful copies and their transfer to the holder of the
infringed rights if he so requests, or their destruction;
(e) that the products resulting from the unlawful act, the equipment or systems used to
commit it and the materials used for the infringement be rendered inoperative or
disabled, if they cannot be used for lawful purposes and, if necessary, 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
64 incorporates by reference the
provisions laid down in Law No. 354 on Patents, Utility Models and Industrial Designs.
Informing the right holder as to the identity of thir d parties involved in the production and distribution
of goods or services found to be infringing, and their channels of distribution
The judicial authorities may order the infringer to provide any information he may have
concerning persons who have participated in the production or marketing of the products or processes
forming the subject of the infringement and the distribution channels for those products.65
                                                     
63 Article 28 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals and Article 25
of Decree 44-2000 containing the Regulations implementing Law No. 322.
64 Article 79 of Law No. 318 on the Protection of New Plant Varieties.
65 Article 98 of Law No. 380 on Trademarks and Other Distinctive Signs;  Article 106 of Law No. 354
on Patents;  Article 79 of Law No. 318 on New Plant Varieties.IP/C/W/288
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Indemnification of respondents wrongfully enjoined
The measure that the judicial authorities apply, whether ex officio or at the request of one of
the parties, is to require the petitioner to provid e security sufficient to cover and pay any costs or
damages awarded against him.66
Liability of public officials
Under the Constitution, the State is materially liable for injury to the goods, rights and
interests of individuals resulting from the actions or omissions of public officials in the performance
of their duties.  The State, in turn, may sue the official or civil servant responsible for the injury.
Officials and civil servants are personally liable for violations of the Constitution, for lack of
administrative probity and for any other offence or misdemeanour committed in the performance of
their duties.  They are also liable to the State for damage caused by abuse, negligence or omissions in
the exercise of their authority.67
With regard to the extent to which public authorities and/or officials are liable, the provisions
of the Law regulating the administrative litigation courts68, which establishes the material liability of
the State and the Government for damage and injury to the goods, rights and interests of individuals,
are applicable.  Moreover, Law No. 260, on the Administration of Justice establishes the disciplinary,
civil and penal liability, of court officials.
The Law regulating the administrative litigation courts includes remedial measures applicable
to public officials, which range from warnings to temporary or permanent suspension or, where
applicable, monetary penalties, without prejudice to any provisions of criminal law.
Means of recourse through judicial channels
The Code of Civil Procedure establishes appeal and cassation ( casación ) as means of recourse
that may be used by the legitimate holders of:  trademarks and other distinctive signs;  patents, utility
models and industrial designs;  copyright and related rights;  integrated circuits;  programme-carrying
satellite signals;  and new plant varieties.
− Appeal ( Recusos de Apelación )
Pursuant to the general provisions governing appeal as a means of recourse, once the
procedure is under way, the court examines the matter and determines within three days whether this
recourse is admissible and whether it has been presented within the prescribed period.69
If this recourse is not admissible or has not been presented within the prescribed period, the
court declares it to be without foundation, although this does not prevent the court from doing so at
any time prior to issuing its ruling.
                                                     
66 Articles 939 to 948 of the Code of Civil Procedure; Article 113(d) of Law No. 354 on Patents;
Article 103 (4) of Law No. 312 on Copyright and Related Rights;  Articles 81(f) and 82 of Law No. 318, onNew Plant Varieties;  Article 144 of Law No. 380 Trademarks and Other Distinctive Signs;  Article 34(1) ofLaw No. 322 on the Protection of Programme-Carrying Satellite Signals.
67 Article 131 of the Constitution.
68 Article 15, subparagraph 2, and Article 94, subparagraph 3, of Law No. 350 on Administrative
Litigation.
69 Article 2002, first paragraph, of the Code of Civil Procedure.IP/C/W/288
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Where an appeal is declared to be properly founded, it shall be lodged in the act of
notification or within 24 hours after advice of the ruling with respect to which it is made, and the
competent judicial authority shall decide at the next sitting, or at the same sitting without further
administrative requirements, whether or not it may proceed.  If the appeal is found to be admissible,
the parties shall be given 24 hours from the last notification to appear before the appropriate judicialauthority to exercise their rights.
Notwithstanding the foregoing provision, the parties shall be considered to have made proper
presentation before the corresponding higher court if they do so from the moment that notice is given
that the recourse is admissible, even if the time period is not computed from that date.
70
If the appellant appears at the required time, the competent judicial authority shall draw up a
formal record setting forth the matters th at the appellant is calling into question.
If there are facts to be proven, an evidentiary proceeding of three days' duration takes place,
and within three days after its conclusion the compet ent authority shall issue its  ruling, subject to the
corresponding fine.71
− Higher appeal ( Recurso de Casación )
Cassation as a means of recourse is granted to the parties only in respect of rulings or
interlocutory decisions that put an end to the proceedings, if no other recourse is admissible and if the
cassation is based on the grounds established by law, without prejudice to the provisions contained inthe last part of Article 442 of the Code of Civil Procedure.
72  This recourse does not apply in the case
of pre-sentencing proceedings.
When this means of recourse is sought, the Supreme Court shall determine whether it is
properly founded, and if it is, the Supreme Cour t directs that the corresponding documents be
forwarded to the office so that the parties may exercise their rights.73
There is no means of recourse with respect to final rulings issued by the Supreme Court.
With respect to interlocutory decisions by the Supreme Court, the only permissible recourse is that of
resubmission, which must be used within three days following the notification in question.74
27. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Nicaragua, citing the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
Pursuant to the legislation established for each category of intellectual property right, the
holders have access to provisional remedies.
                                                     
70 Article 1989 of the Code of Civil Procedure.
71 Article 1994 of the Code of Civil Procedure.
72 Article 442 of the Code of Civil Procedure reads as follows:  "In the case of interlocutory judgements
that are not upheld, amended or revoked by the corresponding higher court, the higher court may, when
commencement comes to its atte ntion, accept, alter or amend such judgem ents if it thinks this fit in order to
assure the most appropriate final resolution of the matter."
73 Article 2081 of the Code of Civil Procedure.
74 Article 2077 of the Code of Civil Procedure.IP/C/W/288
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Trademarks and other distinctive signs;  patents, utility models and industrial designs;  new plant
varieties;  lay-out designs of integrated circuits;  and programme-carrying satellite signals
Pursuant to Article 143 of Law No. 380 on Trademarks and Other Distinctive Signs,
Article 113 of Law No. 354 on Patents , Utility Models and Industrial Designs, Article 81 ofLaw No. 318 on the Protection of New Plant Varieties and Article 30 of Law No. 322 on the
Protection of Programme-Carrying Satellite Signals, any person who initiates or intends to initiate
legal action for infringement of a right protected under those Laws may ask the competent judicial
authority to order immediate precautionary measures  for the purpose of preventing the infringement,
avoiding its effects, obtaining or preserving evidence, or ensuring the effectiveness of legal action or
the payment of compensation for damages.  Pursuant to Article 24 of Law No. 324 on the Protection
for Lay-out Designs of Integrated Circuits, the holder of a right granted under that Law has the samemeans of recourse available to him as those established for cases of infringement pursuant to Law
 No. 354 on Patents on Inventions, Utility Models and Industrial Designs.
Measures pursuant to the aforesaid Laws may be sought prior to, in conjunction with, or
subsequent to the initiation of legal action, and may include, inter alia :
• The immediate cessation of the acts constituting the infringement;
• the seizure or sequestration of the products resulting from the infringement, and of
products, packaging, wrapping, labels, printed or advertising material and othermaterials displaying the sign alleged to be infringing, and any materials or means
used principally to commit the infringement;
• the suspension of the import or export of the products, materials or means referred to
in the previous subparagraph;
• the provision of security or other guarantee deemed sufficient by the competent
authority, in the case of infringement of patents, utility models, industrial designs or
new plant varieties;
• the presentation of documents in the case of infringement of patents, utility models or
industrial designs, or of documents and moveables in the case of infringement of
rights in new plant varieties;
• the withdrawal from circulation, or prevention of entry into circulation, of materials
for the reproduction or propagation of a protected new plant variety;
• the seizure of revenue obtained by means of the unlawful activity and, where
appropriate, of any amounts owed by way of remuneration in the case of
programme-carrying satellite signals;
• the inspection of equipment, installations and immoveables, in the case of
programme-carrying satellite signals.
A precautionary measure will only be ordered if the person requesting it can prove his lawful
right of action and the existence of the infringed right, presents evidence clearly showing that the
infraction has been committed or is imminent, demonstrates that any delay in applying precautionary
measures will produce greater or irreparable harm, and provides security or a guarantee that issufficient to cover any injury that might result from the imposition of the precautionary measure.  Any
person requesting such a measure must provide the competent authority with all necessaryIP/C/W/288
Page 32
information and a detailed description of the infringing goods to enable them to be easily recognized
and identified.75
If a precautionary measure is imposed without the other party having been heard, notice must
be given to that other party immediately upon imposition of the measure.  Precautionary measuresimposed prior to the initiation of legal action in regard to the underlying infringement automatically
expire and are without effect if the interested party fails to initiate the main legal action within
15 working days after the precautionary measure has been imposed, pursuant to Article 145 of
Law No. 380 on Trademarks and Other Distinctiv e Signs, Articles 115 and 116 of Law No. 354 on
Patents, Utility Models and Industrial Designs, and Article 84 of Law No. 318 on the Protection of
New Plant Varieties, or within 30 working days pursuant to Article 34 of Law No. 322 on the
Protection of Programme-Carrying Satellite Signals.
Copyright and related rights
In regard to copyright and related rights, pursuant to Law No. 312, in the event of
infringement of a protected right, the right holder may ask the judicial authority to impose suchprovisional measures as may be necessary in the circumstances in order to assure the urgent
safeguarding of the right and, in particular, to prohibit or suspend the infringing activity, and to order
the sequestration of any copies reproduced or used in connection with the infringing activity and of
any associated tools, and any revenue obtained as a result of the infringing activity.
76
In accordance with Article 103 of Law No. 312, these measures may be authorized by the
judge without hearing the other party if a delay may do the petitioner irreparable harm, or if there is a
demonstrable risk that the evidence of the infringement may be destroyed or may disappear or that the
revenue derived from the infringing activity whose seizure has been requested may disappear.  Before
authorizing such measures, the judicial authority may, if it thinks fit, require the petitioner to provide
security to guarantee any damages or costs that may result.
Pursuant to Article 104 of Law No. 312, the effects of measures of this kind shall expire
automatically 20 days after the date on which they we re imposed if the petitioner fails to launch legal
action with respect to the underlying infringement.
J. S PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
28. Please describe in detail the procedures under the laws of Nicaragua that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing  the relevant provisions of law or regulation.
Pursuant to Law No. 380 on Trademarks and Other Distinctive Signs, if the holder of a right
protected by that Law has valid grounds to believe that preparations are being made to import or
export goods which infringe that right, he may ask the competent judicial authority to instruct the
customs authority to suspend such import or expo rt at the time of customs clearance.  Anyone
requesting that such measures be taken must provide the customs authorities with the necessaryinformation and a sufficiently detailed and precise description of the goods to enable them to be easily
recognized and identified.
77
The provisions in the Law with respect to prec autionary measures are applicable to measures
of this kind, namely:
                                                     
75 Article 144 of Law No. 380, Article 114 of Law No. 354, Article 82 of Law No. 318, and Article 32
of Law No. 322.
76 Article 102 of Law No. 312 on Copyright and Related Rights.
77 Article 148 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288
Page 33
(a) The measure shall only be ordered if the person requesting it can prove his lawful
right of action and the existence of the infringed right and can present evidence that
the infringement has been committed or is imminent;  and
(b) the measure cannot be ordered unless the person requesting it first provides security
or a guarantee that the competent judicial authority considers to be sufficient.78
Border measures must be imposed by the customs authority, whether at land, maritime or air
border points, at the moment of the import, export or transit of the infringing goods and the materials
or means used to commit the infringement.79  The customs authority is required in every case to notify
the importer, exporter and petitioner immediately when suspension is imposed.80
If, at the end of 10 working days following notification of the suspension to the petitioner, he
has not informed the customs authorities that he has initiated legal action with respect of the
underlying infringement, or if a judge has not authorized precautionary measures to extend the
suspension, the border measure shall be lifted and the goods withheld shall be released.  In properlyjustified cases, and only in such cases, this time-limit may be extended for a further 10 working
days.
81
For purposes of justifying the extension of the period of the suspension, or to obtain evidence
that can be used in a legal action for infringeme nt, the judge shall permit the right holder to inspect
the goods.  The same right applies to the importer or exporter.  In permitting such an inspection, the
judge must take the necessary precautions to protect any confidential information, if applicable.  Once
the existence of the infringement is verified, the petitioner shall be advised of the names and addresses
of the consignee, of the importer or exporter, and of the shipper of the goods, together with the
volume of goods.82
In the case of infringement of copyright or a related right, the competent judicial authority
may be asked to impose such provisional protective measures as may be necessary in the
circumstances in order to assure the urgent safegu arding of rights and, in particular, to prohibit or
suspend the infringing activity, and to seize any copies produced or used in connection with the
infringement, together with any associated tools and any revenue obtained as a result of the infringing
activity.83
The competent judicial authority shall authorize the measures requested without hearing the
other party ( inaudita altera parte ) if a delay may do the petitioner irreparable harm, or if there is a
demonstrable risk that the evidence of the infringement may be destroyed or may disappear or that the
revenue derived from the infringing activity whose seizure has been requested may disappear.84
Any person who has valid grounds to fear that his rights may be threatened by imminent,
irreparable injury during the time necessary to asse rt them may ask that any urgent measures which
seem more appropriate in order to assure an optimal outcome be taken.  Amongst such measures, the
right holder may ask that import or export be suspe nded, subject to deposit of the security determined
by the judge.  Such measures may only be imposed by means of a court order, and their duration is the
same as for precautionary measures (15 days).
                                                     
78 Articles 143 and 144 of Law No. 380 on Trademarks and Other Distinctive Signs.
79 Article 147 of Law No. 380 on Trademarks and Other Distinctive Signs.
80 Article 148 of Law No. 380 on Trademarks and Other Distinctive Signs.
81 Article 149 of Law No. 380 on Trademarks and Other Distinctive Signs.
82 Article 150 of Law No. 380 on Trademarks and Other Distinctive Signs.
83 Article 102 of Law No. 312 on Copyright and Related Rights.
84 Article 103, fifth paragraph, of Law No. 312 on Copyright and Related Rights.IP/C/W/288
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29. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
Border measures have also been established with respect to patents, utility models and
industrial designs85, new plant varieties86, and lay-out designs of integrated circuits.87  The following
procedures, conditions and terms apply to all the aforesaid forms of intellectual property:
• Competence of the customs service.  The precautionary or other measures to be taken
at the border shall be imposed by the competent authorities pursuant to acommunication from the corresponding judge, at the time of the import or export of
the infringing goods and the materials or  means used principally to commit the
infringement;
• suspension of import or export.  If the holder of a protected right pursuant to this
legislation, or his legitimate licensee, has valid grounds to believe that goods whichinfringe his rights are to be imported or exported through Nicaraguan customs, he
may ask that the customs authorities be instructed to suspend such import or export atthe time of customs clearance.  The conditions and guarantees applicable to
precautionary measures apply to requests of this kind and to orders given by the
judge;
• anyone who requests that border measures be taken must provide the customs
authorities with the necessary information and a sufficiently precise description of the
goods to enable them to be recognized easily;
• when authorization is given for such suspension, the customs service must
immediately notify the importer or exporter of the goods and the person requestingthe measure;
• duration of suspension.  If the requester does not inform the customs authorities that
he has initiated legal action with respect to the infringement within 10 working daysof notification of the suspension, or if the judge has not authorized precautionary
measures to extend the suspension, the customs authorities shall lift the suspension
and clear the goods withheld;
• once legal action has been initiated with respect to the infringement, the party
affected may ask the judge to reconsider the suspension ordered.  The judge mayrevoke, amend or uphold the suspension;
• right of inspection and information.  For purposes of justifying the extension of a
suspension of goods detained by customs authorities, or to obtain evidence that can
be used in a legal action for infringement, the judge shall permit the right holder toinspect the goods.  The same right applies to the importer or exporter.  In permitting
such an inspection, the judge must take the necessary precautions to protect any
confidential information, if applicable;
                                                     
85 Articles 117 to 120 of Law No. 354 on Patents, Utility Models and Industrial Designs.
86 Article 6 of Law No. 318 on the Protection of New Plant Varieties.
87 Article 10 of Law No. 324 on the Protection of Lay-out designs of Integrated Circuits.IP/C/W/288
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• once the existence of an infringement is verified, the petitioner shall be advised of the
names and addresses of the consignee, of the importer or exporter, and of the shipperof the goods, together with the volume of the goods subject to suspension.
30. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Nicaragua are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
In Nicaragua, the customs authorities and competent judicial authorities do not have the
power to act ex officio with regard to border measur es;  they act at the request of the interested party.
K.
CRIMINAL PROCEDURES
31. Please describe in detail how the laws of Nicaragua implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement on a commercial scale.  Please cite therelevant provisions of law and regulation.
Pursuant to Article 102 of Law No. 380 on Trad emarks and Other Distinctive Signs, a person
who, without the consent of the respective right holder, wilfully commits any of the following
offences shall be liable to two to six years’ imprisonment, or a fine of up to 25,000 Central Americanpesos
88, or both:
(a) Makes commercial use of a registered trademark or a facsimile or copy thereof in
connection with products or services distinguished by that trademark;
(b) makes commercial use of  a protected business name, label or emblem;
(c) makes commercial use of an advertising expression or mark used in connection with
the same products or services distinguished by another duly protected expression;
(d) makes commercial use of a false or misleading appellation of origin, with respect to a
product, even if the true origin of the product is indicated, or the appellation is used in
translation or accompanied by expressions such as "type", "kind", "style", "imitation"
or the like.
The foregoing offences may be prosecuted at the initiative of a competent authority, or upon
the filing of a complaint by an interested party, including any entity or organization representing agroup of producers or consumers.  Such action is subject to a period of limitation of four years from
the time the offence was last committed.
89
With regard to copyright and related rights, Articles 106 and 107 of Law No. 312 set out the
penalties for offences in that area.  In particular, Article 106 provides that a person who commits anyof the following offences is subject to one to two years’ imprisonment:
(1) Using, without the written consent of the right holder, the title of a work that
effectively distinguishes it from others of the same kind, where there is a risk of
confusion between the two;
                                                     
88 The Central American peso is a unit of exchan ge equal in value to the United States dollar.
89 Article 103 of Law No. 380 on Trademarks and Other Distinctive Signs.IP/C/W/288
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(2) making any translation, arrangement or ot her transformation of the work without the
written authorization of the author or right holder;
(3) publicly communicating a work or phonogram, in any form or by any process,
whether in its original or an altered form, in whole or in part, without the writtenauthorization of the author or right holder;
(4) distributing copies of a work or phonogram by means of sale, rental, import or any
other method of distribution without th e authorization of the right holder;
(5) retransmitting or distributing a radio or television broadcast, by any wire or wireless
means, without the authorization of the right holder;
(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 regarding authorization
obtained or numbers of copies, or makes any other alteration to data that is liable to
prejudice any holder of copyright or related rights.
Article 107 of Law No. 312 on Copyright and Re lated Rights, provides that any person who
commits any of the following offences is subject to two to three years’ imprisonment:
(1) Reproducing or copying works or phonogra ms by any means or process, whether in
the original or an altered form, in whole or in part, without the written authorization
of the right holder;
(2) importing, stocking, distributing, exporting, selling, offering for sale, holding, hiring
out, or otherwise placing in circulation unlawful reproductions of works or
phonograms;
(3) registering in the Copyright Registry the work, performance or production of another
as if it were his own or that of a person other than the true author or right holder;
(4) reproducing, fixing or copying, by any means, a work, performance, phonogram or
radio or television broadcast, in whole or in part, or importing, stocking, holding,distributing, exporting, selling, hiring out, or otherwise placing in circulation such
reproductions or copies without the written authorization of the holder.
In all the foregoing cases, the penalties may be increased by one third if the offences are
committed in respect of a work, performance or production that is not intended for disclosure, or inthe case of false appropriation of authorship, if there is distortion, mutilation or some other alteration
that might be detrimental to the author’s honour or reputation.
90  The same Article also provides, in
addition to the penalties indicated, that the Court shall impose on the offender a fine of 3,000 to
                                                     
90 Article 108 of Law No. 312 on Copyright and Related Rights.IP/C/W/288
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25,000 córdobas91, depending on the seriousness of the offence;  in addition, if the offender is a trader,
the court shall order his suspension in that capacity, without prejudice to any civil liability.
32. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use ofwhich has been the commission of the offence.  Please describe the provisions in the laws of
Nicaragua that provide for such remedies, a nd describe the circumstances in which those
remedies would be imposed, citing  the relevant provisions of law or regulation.
Pursuant to Article 98 of Law No. 380 on Trademarks and Other Distinctive Signs, in any
legal action in respect of infringement of a right protected under that Law, the judicial authority may
order the following measures, among others:
• Seizure or sequestration:
(i) Of the infringing products, including packaging, wrapping, labels, printed or
advertising material, and other materials resulting from the infringement;  and
(ii) of the materials and means used predominantly to commit the infringement.
• Any measures necessary to prevent the continuation or recurrence of the
infringement, including the destruction of the products, materials or means indicatedin the foregoing paragraph.
Article 98 also contains the following provisions:
• In the case of products that bear a false trademark, elimination or removal of the
trademark shall not be sufficient to permit the products to enter the market, except inexceptional cases duly substantiated by the court, or if the owner of the trademark
gives his express consent;
• products that bear unlawful distinctive signs, advertising material that makes
reference to those signs, and any materials and means used to commit an
infringement shall be retained or confiscated by the competent customs or police
authorities, as applicable, until the outcome of the proceeding is known;
• at any time during the proceeding, the judge may order the respondent to provide any
information he might have concerning persons who have participated in theproduction or marketing of the infringing products or services.
Articles 97 and 102 of Law No. 312 on Copyri ght and Related Rights, provide that the
holders of original or derived rights governed by that Law, and the exclusive assignees of such rights,may in the event of infringement request the cessation of the unlawful activity
92; this may include:
• Prohibiting the infringing activities;
• withdrawing the unlawful copies from circ ulation or seizing them, and having them
destroyed;
                                                     
91 The córdoba is the monetary unit of Nicaragua.  It has a floating exchange rate, which currently
stands at C$13.40 = US$1.00.
92 Article 98 of Law No. 312 on Copyright and Related Rights.IP/C/W/288
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• confiscating the equipment used, and handing it over to authors’ or performers'
associations.
33. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Nicaragua that provide for such procedures and remedies, citingthe relevant provisions of law or regulation.
Nicaraguan law establishes criminal procedures for the offences listed below, in addition to
the penalties for wilful trademark counterfeiting and copyright piracy as referred to in Article 61 of
the TRIPS Agreement.
In reference to rights in patents, utility models and industrial designs:
93
(a) Presenting a product as a patented product or a product protected by a utility model or
industrial design, when in fact it is not;
(b) claiming ownership of a patent, utility model or industrial design, before a third party
without the corresponding right or if the right is not yet valid;
(c) counterfeiting wilfully and on a commercial scale;(d) disclosing to a third party a business secret known to the offender by virtue of his
work or position, or the exercise of his pr ofession, or his business relations, or the
granting of a licence, without the consent of the person to whom the business secret
belongs;
(e) acquiring a business secret improperly and without the consent of the person to whom
the business secret belongs or the authorized user, in order to use it or disclose it to a
third party, for the purpose of obtaining a personal economic benefit or for a third
party, or for the purpose of harming the interests of the person to whom the business
secret belongs or the authorized user;
(f) making use of information contained in an industrial secret which became known to
the offender by virtue of his work or position, or the exercise of his profession, or his
business relations, without the consent of the person to whom the secret belongs or
the authorized user, or which was disclosed to him by a third party while he was
aware that such disclosure was not made w ith the consent of the person to whom the
secret belongs or the authorized user, for the purpose of obtaining an economic
benefit or harming the interests of the person to whom the secret belongs or theauthorized user;
(g) manufacturing products that are patented or protected by utility models or industrial
designs, or making use of patented processes without the consent of the right holder
or without the corresponding licence or authorization;
(h) importing, distributing or marketing products covered by a patent or protected by
utility models or industrial designs, while being aware that they were manufactured or
produced without the consent of the right holder or without the corresponding licence
or authorization.
In reference to rights in programme-carrying satellite signals:
94
                                                     
93 Articles 131 and 132 of Law No. 354 on Patents, Utility Models and Industrial Designs.IP/C/W/288
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(a) Retransmitting or distributing to the public a programme-carrying signal, whether by
wireless means or via cable, optic fibre or other similar method;
(b) decoding an encoded programme-carrying signal, whether transmitted by wire or
wireless means;
(c) fixing a protected broadcast for distribution to the public;(d) participating in the manufacture, assembly, modification, sale, hiring out, installation
or maintenance of – or placing in circulation by any other means – a device or system
that can be used to decode an encoded programme-carrying signal or to enable orfacilitate the reception of an encoded programme.
L. S
TATISTICAL QUESTIONS
34. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit lay-out design, and trade secret
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
On the subject of civil enforcement in 2000, a judgement was handed down by Nicaragua’s
Supreme Court, the highest court in the land, concerning the trademark "SUR".
With reference to other forms of intellectual property, no information on enforcement is yet
available as the legislation has only recently been enacted.95
35. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
No information is available in regard to criminal enforcement in 2000 as the legislation has
only recently been enacted.  In 2001, however, there was a large seizure of discs, tapes and
reproduction machinery and equipment used by distributors and sellers of goods that infringe
                                                                                                                                                                    
94 Article 35 of Law No. 322 on the Protection of Programme-Carrying Satellite Signals.
95 Law No. 312 on Copyright and Related Rights was enacted on 1 September 1999, and its
implementing Regulations were established on 3 March 2000.  Law No. 322 on the Protection of Programme-Carrying Satellite Signals was enacted on 14 December 1999, and its implementing Regulations wereestablished on 26 May 2000.  Law No. 318 on the Protection of New Plant Varieties was enacted on12 November 1999, and its implementing Regulations were established on 2 May 2000.  Law No. 354 onPatents, Utility Models and Industrial Designs was en acted on 1 June 2000, and its implementing Regulations
are in preparation.  Law No. 324 on the Protection of Lay-out designs of Integrated Circuits was enacted on
17 January 2000, and its implementing Regulations were established on 18 April 2001.  Law No. 380 onTrademarks and Other Distinctive Signs was enacted on 16 April 2001, and its implementing Regulations are inpreparation.IP/C/W/288
Page 40
intellectual property rights.  The perpetrators were jailed, and the matter received coverage in major
Nicaraguan publications.  By way of example,  we would cite the coverage given in La Prensa  on
5 May 2001 (see<http://www.laprensa.com.ni/>) and public awareness campaigns mounted by
Nicaraguan authors and foreign business people aimed at putting an end to piracy and the purchase of
unlawful goods, pursuant to the Law on Copyright and Related Rights.
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