IP/N/6/SLV/2  
 
21 December 2022  
(22-9629) Page: 1/29 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: Spanish  
 
 
CHECK LIST OF  ISSUES ON  ENFORCEMENT1 
REPLIES  BY EL SALVADOR  
Civil and administrative procedures and remedies  
 (a) Civil judicial proce dures  and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
IPR infringement cases fall within the jurisdiction of the commercial courts , pursuant to Article 184 
of the Ley de Propiedad Intelectual , LPI (Intellectual Property Law) and Article 113 of the Ley de 
Marcas y Otros Signos Distintivos , LMOSD  (Law on Trademarks and Other Distinctive Signs ), 
assuming no  special courts are created with jurisdiction over intellectual property matters.  
 
Cases are brought before the following judicial bodies : 
 
- Civil and trade court s of first instance, which hear at first instance any court cases 
brought within the territory corresponding to their jurisdiction , and at second instance, 
in cases and concepts determined by the law (see Articles 30 , 239 and 240 of the Code 
of Civil and C ommercial Procedure and 59 and 60 of the Organic Judicial Law). 
- Chambers of second instance , which have jurisdiction  as follows : 
- On appeal, c ases corresponding to the territory assigned to them, heard at first 
instance by the respective courts ; 
- In complain ts that are against the State, where the State is a contracting party; 
and 
- Other cases as  determined by the law. 
The above is based on Article 29  of the Code of Civil and Commercial Procedure .  
- Civil Division of the Supreme Court of Justice (see Article 28 of the Code of Civil and 
Commercial Procedure ), which handles : 
- Judicial review ; 
- The appeal when the chambers of second instance have heard the case in first 
instance; and  
- Review of final judgments.  
2.  Which persons have standing to assert IPRs?  How may they be represented ? Are 
there requirements for mandatory personal appearances before the court by the right 
holder?   
 
Standing  
 
Any natural or legal person who is an IPR right holder or licensee has standing to assert the right in 
question, in accordance with Articles 88 and 89 of the Law on Trademarks and Other Distinctive 
 
1 Document IP/C/5  IP/N/6/SLV/2  
 
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  Signs  and Articles  169 and 170 of the Intellectual Propert y Law . In addition , Article 94 of the Law 
on Trademarks and Other Distinctive Signs  grants legal standing to any competent authority or 
interested person in the case of geographical i ndications.  
 
Representation  
 
Before the administrative authorities, natur al persons may appear in person  or be represented by a 
third party who need not necessarily be a n attorney  in accordance with Article 67 of the Law on 
Administrative Procedures.  Before the judicial authorities, it is mandatory for the right holder or 
licensee to be represented by an official attorney  of the Republic  in conformity  with Article 67 of the 
Code of Civil and Commercial Procedur e; in an individual  case, the right holder or licensee may 
appear in person . 
 
Right holders who are legal persons may act through their legal representatives  before the 
administrative authorities, and before the judicial authorities through a solicitor, who must be an 
official attorney , in accordance with Article  67 of the Law on Administrative Procedures and Article 
67 of the Code of Civil and Commerc ial Procedur e mentioned in the preceding paragraph . 
 
Mandatory  personal appearance  
 
In proceedings before the courts, appearance in person by the right holder is not mandatory , except 
in cases where  one of the parties has requested that the opposing party  provide testimony  from the 
other party on facts that are of particular concern to the right holder.  
 
In this regard, Art icles 345 to 347 of the Code of Civil and Commercial Procedure  provide  that a 
party may request the judge o r court to hear the opposing party's testimony , which may  be given 
by a legal representative , concerning acts carried out in the discharge of this function , or on acts 
prior to that, when the persons  represent ed were abroad, on the condition that he or she is expressly 
authoriz ed to do so and the opposing party so consents. It is mandatory for t he parties to appear; 
failure to appear shall result in the opposing party's personal facts being upheld, unless there is 
evidenc e to the contrary . In the case of legal persons, their representatives must appear and answer  
the questions posed by  the opposing party and the judge.  
 
3.  What authority do the judicial authorities have to order, at the request of the 
opposing party, a party to a proceeding to produce evidence which lies within its  control?  
 
Under  Article 312 of the Code of Civil and Commercial Procedure, the obligation to produce evidence 
lies w ith the party making the allegation , being the claimant  or the counterclaiman t in the case of a 
counterclaim. H owever, Articles 256 and 257 establish the right of all persons to request that the 
other party produce, before the competent judge, the public o r private documents, or moveable 
goods required for the preparation of an action or to defend itself against the action brought against 
it.  
 
4.  What means exist to identify and protect confidential information brought forward 
as evidence ? 
 
Confidential information br ought forward as evidence in administrative  proceedings  is protected 
under Article 177 (2) of the Intellectual Property Law, which stipulates that information supplied to 
any authority by a person holding it as an industrial or tr ade secret shall not be considered as coming 
under the public domain or disclosed by operation of the law when it is supplied for the purposes of 
obtaining licences, permits, authorizations, registration or any other official documents.  
 
Similarly, Article  165 of the Code of Civil and Commercial Procedure  stipulates  that only the parties 
and their representatives, and any  other person with a legitimate inter est, shall be granted access 
to the files, and that for this purpose a document ary record should be k ept of who has had access 
to those files . In this regard, it is also stipulated that the files shall be kept under the custody of the 
court and that they must not leave the court premises, thus protecting confidential information.  
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  5.  Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for  their use:  
 
- Injunctions ; 
 
-  Damages, including recovery of profits, and expenses , including attorney s' 
fees;  
 
-  Destruction or other disposal of infringing goods and materials /implements 
for their production;  
 
- Any other remedies . 
 
Industrial property  
 
The remedies or decisions that may be applied by the judicial authorities at the request of the holder 
in respect of industrial property rights are as follows:  
 
Patents, utility models and industrial designs  
 
- Claiming of the right when a patent or industrial design registration has been requested or 
obtained by a person who does not have a right thereto or to the detriment of another person 
who does have a right to obtain the patent or registration (Article 168 of the Intellectual 
Property Law ); 
- Cessation of the act or acts which infringe the right conferred by a patent or industrial design 
registration ( Article 172 of the Intellectual Property Law ); 
- Compensation for damages suffered as a result of the infringement of a right conferred by a 
patent or industrial design registration (Article 172 of the Intellectual Property Law ). With 
respect to loss of earnings a nd actual loss, damages  are calculated on the basis of one of  the 
following criteria, at the discretion of the injured party (Article 173 of the Intellectual Property 
Law): 
- The damage caused to the right holder as a result of the infringement;  
- The profits  that th e right holder would presumably have earned if the infringement had 
not occurred;  
- The profits actually earned by  the infringer  as a result of the infringing acts;  
- The price or royalty that the infringer woul d have paid to the right holder  if a contractual 
licence had been agreed upon , due regard being had to  the commercial value of the subject 
matter of the right  infringed  and the contractual licences already granted; or,  
- Any other criteria that the court deems appropriate.  
- Seizure of the objects  resulting from the infringement and the means used predominantly to 
commit the infringement of a right conferred by a patent or registration of an industrial design 
(Article 172 of the Intellectual Property Law ); 
- Transfer of ownership of the above -mentioned objects  or means, in which case the value of 
the goods shall be deducted from  the amount of the damages (Article 172 of the Intellectual 
Property Law); 
- The measures necessary to prevent the continuation or repeti tion of the infringement, 
including the destruction of the means seized by virtue of the above -mentioned seizure of the 
objects resulting from the infringement and their means, if indispensable (Article 172 of the 
Intellectual Property Law); 
- As a precautio nary measure, the immediate cessation of the infringing acts may be ordered 
(Article 174  of the  Intellectual Property Law); IP/N/6/SLV/2  
 
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  - As a precautionary measure, the preventive seizure, withholding or deposit of the infringing 
goods and the means predominantly intended for use to commit the infringement may be  
ordered  (Article 174 of the Intellectual Property Law); 
- As a precautionary measure, the prohibition of the  import, export or of allowing the in-transit 
movement in the national territory of the unlawfully  reproduced copies may be ordered, by 
corresponding order to the Directorate -General  of Customs (Article 174  of the Intellectual 
Property Law). 
Industrial or trade secrets  
 
- Compensation for damages throug h the use for own or third -party commercial purposes or 
disclosure without justification and without the consent of the holder or authorized user of the 
secret (Article 180 of the Intellectual Property Law); 
- Compensation for d amages jointly and severally with the person disclosing the information, 
where that person has been hired to obtain the information (Article 181 of the Intellectual 
Property Law); 
- Compensation for damages resulting from the unlawful procurement of informat ion containing 
an industrial or trade secret  (Article 181 of the Intellectual Property Law). 
Distinctive signs ( distinctive commercial signs, geographical indications and appellations of origin ) 
 
- Seizure of the infringing goods, including packaging, wrappi ng, labelling, printed or advertising 
materials or other materials resulting from , or used to commit,  the infringement, and of the 
means , instruments and materials used to commit  the infringement , as well as documentary 
evidence relevant to the infringement (Art icle 90 of the Law on Trademarks and Other 
Distinctive Signs ); 
- Prohibition of the import, export or transit of the above -mentioned goods, materials or means 
(Article 90 Law on Trademarks and  Other Distinctive Signs ); 
- Destruction of the infringing goods  (Article 90 of the Law on Trademarks and Other Distinctive 
Signs) ; 
- Destruction of materials and implements that have been used in the manufacture or creation 
of the infringing goods, without any compensation to the infringer or, in exceptional 
circumstances, without compensation of any sort, disposed of outside the channels of 
commerce in such a manner  as to minimi ze the risk s of further infringements (Art icle 90 of 
the Law on Trademarks and Oth er Distinctive Signs ); 
- Cessation of the infringing acts (Article 90 of the Law on Trademarks and Other Distinctive 
Signs) ; 
- Compensation for damages suffered (Article 90 of the Law on Trademarks and Other 
Distinctive Signs) , to be calculated on the basis of the follow ing: 
(a) The damage caused to the right holder as a result of the infringement;  
(b)  The profits that the right holder would presumably have earned if the infringement 
had not occurred;  and  
(c) The price or royalty that the infringer would have paid to the right holder if a 
contractual licence had been agreed upon, due regard being had to the commercial 
value of the subject matter of the right infringed and the contractual licences  
(Article  91 of the Law on T rademarks and Other Distinctive Signs) . 
- Payment of profits attributable to the infringement and not taken into account when calculating 
the amount of damages (Art icle 91 of the Law on Trademarks and Other Distinctive Signs ). 
- In the event litigation costs are awarded , attorneys ' fees must be included (Art icle 91 of the 
Law on Trademarks and Other Distinctive Signs ). IP/N/6/SLV/2  
 
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  - Publication of t he verdict and notification of interested parties at the infringer's expense  
(Article 90 of the Law on Trademarks and Other Di stinctive Signs ). 
- As a precautionary measure, the immediate cessation of the infringing acts (Art icle 92 of the 
Law on Trademarks and Other Distinctive Signs ). 
- As a precautionary measure, the seizure with inventory, description or deposit of the goods, 
packaging, labels or other materials displaying the infringing mark or sign and the instruments 
or materials  intended for  the infringement  (Article 92 of the  Law on Trademarks and Other 
Distinctive Signs ). 
- As a precautionary measure, the suspension of the  import, export or in-transit movement of 
the goods , instruments or materials or means referred to in the preceding subparagraph 
(Article 9 2 of the Law on Trademarks and Other Distinctive Signs ). 
6.  In what circumstances, if any, do judicial authorities h ave the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the goods or  services found to be infringing and of their 
channels of distribution?  
 
Article 92 of the Law o n Trademarks and Other Distinctive Signs  gives the competent courts the 
power to request the alleged infringer to provide any information in his or her possession concerning 
persons involved in the production or marketing  of the alleged infring ing goods or  services  and on 
their means of production and channels of distribution , as well as to provide the identif y of third 
persons  involved in their production and distribution and their channels of distribution.  
 
7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined.  To what extent are public authorities and/or officials liable in such a situation 
and what "remedial measures" are applicable to them?  
 
Indemnification of defendants  wrongfully enjoined  
 
Under  Article 272 of the Code of Civil and Commercial Procedure, any party whose claims have been 
rejected shall be ordered to pay costs . Furthermore , Article 92 of the Law on Trademarks and Other 
Distinctive Signs provides  that anyone  request ing precautionary measures in connection with 
infringements of the rights conferred by the registration of trademarks and other distinctive signs  
must file a corresponding claim within 15 days following the date on which the measures were 
ordered , and may be requested to provide a surety, bond or guarantee for such purposes.  
 
In the same vein , Article 174 of the Intellectual Property Law  relating to the defence of industrial 
property rights provides that immediate precautionary measures may be requested, with the 
possibility of making such measures contingent on the provision of sufficient security. It is also 
stipulated that if the action for infringement is not brought  within 15 days following the imposition 
of the measure,  it shall cease to have effect  and the complainant  shall be liable for any damages . 
 
Article 258 of the Code of Civil and Commercial Procedure , for its part,  stipulates  that the request 
for preliminary proceedings must contain an offer of security for the  potential damages  resulting 
from the proceedings, such as from the display in court of the goods proving unfair competition 
referred to in Article 493 (1) of the Commercial Code, which covers the misuse of distinctive 
commercial signs . If the legal action is not brought within one month of the conclusion of the 
proceedings, the security shall be forfeited in favour of the parties concerned. Similarly , under 
Article  434 of the Code of Civil and Commercial Procedure, where a precautionary measure has been 
issued pursuant to the preliminary proceedings, if a complaint is not lodged  within the time limit , 
the parties shall be ordered to pay all the costs of the proceedings and any damages.  
 
Pursuant to Article 239 of the Constitution, both ju dges and public officials are responsible for official 
offences committed by them in the exercise of their functions and shall be tried for official offences 
committed by them by the ordinary  courts.  
 
Similarly, Article 245 stipulates that public officials and employees shall be personally liable and the 
State subsidiarily liable for material or moral damages caused as a result of a violation of the rights 
enshrined in the Constitution.  In addition, Article 60 of the Law on Administrative Procedures IP/N/6/SLV/2  
 
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  provides  that, in cases where any damages by public officials are c aused by the violation of 
constitutional rights, the liability shall be personal, subjective and shall fall directly on the public 
official , and shall not be nullified  by the fact that he or she is no longer in office.  
 
8.  Describe provisions governing the length and cost of proceedings . Provide any 
available data on the actual duration of proceedings and  their cost . 
 
Article 182(5) of the Constitution of the Republic stipulates that the Supreme Court of Justice shall 
ensure that justice is administered  rapidly and completely , to which end it shall adopt  such measures 
as it deems necessary. In accordance w ith the above and with Article 184 of the Intellectual Property 
Law and Article 113 of the Law on Trademarks and Other Distinctive Signs , the competent courts 
shall be those with commercial jurisdiction, which shall hear cases pursuant to  Articles 239 and 240 
of the Code of Civil and Commercial Procedure in ordinary  declaratory proceedings.  
 
In this re spect , Articles 276 to 282 of the Code of Civil and Commercial Procedure refer to complaints  
in ordinary  declaratory proceedings, and subseq uently prov ision is made  in Articles 283 to 287 of 
the Code for the rules to be followed regarding  summon ing the defendant, answer ing the complaint  
and possible counterclaim. The provisions relating to evidence can be found in Chapter Three of the 
Code, stipulating  in Article 324 the facts that do not need to be proven.  
 
The actual duration of ordinary  declaratory proce edings  will depend on the type of claim that is 
brought before the competent courts. The duration may also vary taking account of the motion s filed 
during the course of  the proceedings and the lodging of appeals.  
 
Article 181 of the Constitution stipulates  that the administration of justice shall be free of charge.  
 
On the other hand, the right holder shall be responsible for paying the fees o f the attorney  he or she 
appoints. Since El Salvador has an outdated system of fees, these are normally determined by 
agreement. It is therefore extremely difficult to establish the costs of such proceedings, as they vary 
from case to case.  
 
(b)  Administrative procedures and remedies  
 
9.  Reply to the above questions in relation to any administrative procedures on the 
merits and remedies that may result from these procedures . 
 
Administrative procedures are governed by the Law on Administrative Pro cedures, which provides , 
inter alia , for: 
 
- The maximum duration of proceedings of nine months (Article 89 of the Law on Administrative 
Procedures ); 
- The rules for  calculating  the time limits and deadlines to be met by the authorities and 
administrat ors (Articles 80 –88 of the Law on Administrative Procedures ); 
- The effects of administrative silence (Articles 113 and 114 of the Law on Administrative 
Procedures ); and  
- Administrative appeals, which may be for reconsideration, review and appeal , the latter having 
the potential for subsequent  access to the administrative courts  (Article 124 of the Law on 
Administrative Procedures ). 
The administrative courts are governed by  the provisions of the Law on Administrative Litigation  and 
subsidiarily  by the Code of Civil and Commercial Procedure . They  deal with claims arising from 
government  actions or failure to act . For these purposes, it has a network of administrative dispute 
courts (Article 12 of the Law on Administrative Litigation ), administrative dispute chambers 
(Article  13 of the Law on Administrative Litigation ), and an administrative dispute chamber 
(Artic le 14 of the Law on Administrative Litigation ) that is part of the Supreme Court of Justice.  
 
Article 10 of the Law on Administrative Litigation provides a list of the claims that may be pursued 
in this way , including  the following:  
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  - Declaration of the illegality of the act being challenged  and, consequently, its nullification ; 
- Recognition of an individual legal situation and the adoption of the measures necessary for its 
full restoration;  
- Declaration of  the illegality of the material action const ituting a de facto  action, in other words  
that it does not have an administrative act to support it, the cessation of the action in question 
and, where appropriate, the provisions of the preceding subparagraph;  
- Disputes arising in connection with administr ative contracts;  
- Order for  the Government  to comply with its obligations in the precise terms set out  in the 
administrative act or general provision, whe re it is determined that it has failed to take action ; 
and 
- Order for t he payment of patrimonial  liability claims, for which the corresponding amount must 
be stated in the claim and evidence for such provided  in the proceedings.  
Under Article 25 of the Law on Administrative Litigation , in order to have access to the administrative 
courts , as mentioned  above , all administrative remedies  must first be exhausted,  and a period of 70 
days granted for the filing of the complaint from the time those remedies have been exhaust ed. The 
Law on Administrative Litigation also p rovides for the possibility o f filing a notice of complaint  prior 
to the complaint  and within the aforementioned period, the formal requirements of which will be 
lower than those for the complaint  and which will be useful for request ing the adoption of 
precautionary measures even when  proce edings have  not been formally initiated. Once the 
complaint  has been filed in due time, it will be declared receivable  or rejected  within 15 days, in 
accordance with Article 35 of the Law on Administrative Litigation , so that it can be remedied  by the 
interested party within a single and non -renewable  period of five working days.  
 
The defendant  authority shall, in accordance with the provisions of Article 41 of the Law on 
Administrative Litigation , answer the complaint within 10 days from the day following notification of 
receivability . It is important to mention that in the main evidence  in this type of proceedings  is the 
administrative file, which must be submitted in its entirety by the administrative a uthority, as 
stipulated in Art icles 29, 30 and 37 of the Law on Administrative Litigation , within five days following 
the judicial authority's notice of request . 
 
9.1 Specify the courts which have jurisdiction over IPR infringement cases . 
 
With regard to  the judicial authorities, IPR infringement cases fall within the jurisdiction of the 
commercial  courts, pursuant to Article 184 of the Intellectual Property Law and Article 113 of the 
Law on Trademarks and Other Distinctive Signs, assuming no special courts are created with 
jurisdiction  over intellectual property matters .  
 
Cases are brought before the following judicial bodies:  
 
- Civil and trade courts of first instance, which hear at first instance any court cases brought 
within the territory corresponding to their jurisdiction, and at second instance, in cases 
and concepts determined by the law (see Articles 30, 239 and 240 of th e Code of Civil and 
Commercial Procedure and Articles 59 and 60 of the Organic Judicial Law).  
- Chambers of Second Instance, which  have jurisdiction  over: 
- On appeal, c ases corresponding to the territory assigned to them, heard at first 
instance by the respective courts ; 
- In complaints  that are against the State, where the State is a contracting party; 
and 
- Other cases as  determined by the law. 
The above is based on Article 29  of the Code of Civil and Commercial Procedure .  IP/N/6/SLV/2  
 
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  - Civil Division of the Supreme Court of Justice (see Article 28 of the Code of Civil and 
Commercial Procedure ), which handles : 
- Judicial review ; 
- The appeal when the chambers of second instance have heard the case in first 
instance; and  
- Review of final judgments.  
In addition, it is worth mentioning that the administrative authority in charge of processing all 
intellectual property rights is the Intellectual Property Registry  of El Salvador's National Registr y 
Centre . 
 
With respect to copyright and neighbouring right s, Article 98(b) of the Intellectual Property Law 
states  that the Intellectual Property Registry shall serve as an arbitrator,  when the interested parties  
so request , in disputes that arise between right holders; between collective management entities; 
between the  latter  and their partners or represent atives ; and between management entities or right 
holders and users of the works, performances or productions protected under  Title I of the said law 
related to a rtistic, literary or scientific property. The exhaustion of this mechanism is mandatory in 
order to institute court proceedings , in accordance with Article 100 -H of the Intellectual Property 
Law. 
 
9.2 Which persons have standing to asser t IPRs? How may  they be represented? Are there 
requirements for mandatory personal appearances before the court by the right holder ? 
 
Any natural or legal person who is a copyright holder  or licensee has standing to assert his  or her 
right in accordance with Articles 90, 91 -A and 92 -A of the Intellectual Property Law . It should also 
be mentioned  that Articles 100, 100 -A and 100 -B of the Intellectual Property Law stipulate  that 
collective management entities  shall have standing , unless their partners  wish to exercise their rights 
themselves, to exercise the rights they are called upon to administer and to assert them as legal 
representatives in any type of administrative or judicial proce edings .  
 
Representation before administrative  and judicial authorities, and mandatory  appearance of the 
holder  
 
Standing  
 
Any natural or legal person who is an IPR  holder  or licensee has standing to assert the right in 
question, in accordance with A rticles 88 and 89 of the Law on Trademarks and Other Distinctive 
Signs  and Articles  169 and 170 of the I ntellectual Property Law. In addition , Article 94 of the Law 
on Trademarks and Other Distinctive Signs grants legal standing to any competent authority or 
interested person in the case of geographical indications . 
 
Representation  
 
Before the administrative authorities, natural persons may appear in person or be represented by a 
third party who need not necessarily be a n attorney  in accordance with Article 67 of the Law on 
Administrative Pro cedures. Before the judicial authorities, it is mandatory for the right holder or 
licensee to be represented by an official attorney of the Republic  in conformity with Article 67 of the 
Code of Civil and Commercial Procedure; in individual cases , the right  holder or licensee may appear 
in person.  
 
Right holders who are legal persons may act through their legal representatives before the 
administrative authorities, and before the judicial authorities through a solicitor, who must be an 
official attorney, in accordance with Article 67 of the Law on Administrative Procedures and Article 
67 of the Code of Civil and Commercial Procedure mentioned in the preceding paragraph . 
 
Mandatory  personal appearance  
 
In proceedings before the courts, appearance in person by the right holder is not mandatory, except 
in cases where one of the parties has requested that the opposing party provide testimony from the 
other party on facts that are of particular concern to the right holder.  
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  In this regard, Articles 345 to  347 of the Code of Civil and Commercial Procedure provide that a 
party may request the judge or court to hear the opposing party's testimony, which may be given 
by a legal representative, concerning acts carried out in the discharge of this function, or o n acts 
prior to that, when the persons represented were abroad, on the condition that he or she is expressly 
authorized to do so and the opposing party so consents. It is mandatory for the parties to appear; 
failure to appear shall result in the opposing p arty's personal facts being upheld, unless there is 
evidence to the contrary. In the case of legal persons, their representatives must appear and answer 
the questions posed by the opposing party and the judge.  
 
Based on the reply to the previous question , which reads as follows: "With respect to copyright and 
neighbouring rights, Article 98(b) of the Intellectual Property Law states that the Intellectual 
Property Registry shall serve as an arbitrator, when the interested parties so request, in disputes 
that arise between right holders; between collective management entities; between the latter and 
their partners or representatives; and between management entities or right holders and users of 
the works, performances or productions protected under Title I of the said law related to artistic, 
literary or scientific property. The exhaustion of this mechanism is mandatory in order to institute 
court proceedings, in accordance with Article 100 -H of the Intellectual Property Law ", and in 
accordance with the aforementioned Article 98 of the Intellectual Property Law , the persons who 
have standing to assert  their rights in a mediation before the Intellectual Property Registry are:  
 
- The holders of such rights ; 
- Collective management entities; 
- Partners or represent atives  of the management entities; and  
- Users of the works, performances or productions protected under Title I of the said law, which 
refers to artistic, literary or scientific property.  
9.3 What authority do the judicial author ities have to order, at the request of an opposing 
party, a party to a proceeding to produce evidence which lies within its control?   
 
The administrative authorities have no authority to order, at the request of an opposing party, a 
party to a proceeding to produce evidence which  lies within its control . Nevertheless , Article 106 of 
the Law on Administrative Procedures provides that all r elevant and useful evidence shall be used 
to determine the truth of the facts, even if it has not been brought  forward  by the interested parties 
and may even be against their wi shes. 
 
With regard to the judicial authorities, under  Article 312 of the Code of Civil and Commercial 
Procedure, the obligation to produce evidence lies with  the party making the allegation, being the 
claimant  or the counterclaiman t in the case of a counterclaim.  However, Articles 256 and 257 
establish the right of all persons to request that the other party produce, before the competent 
judge, the public or private documents, or moveable goods required for the preparation of an action 
or to defend itself against the action brought against it.  
 
9.4 What means exist to identify and protect confidential information brought forward as 
evidence?  
 
Confidential information brought forward as evidence in proceedings  is protected under 
Article  177(2) of the Intellectual Property Law, which stipulates that information supplied to any 
authority by a person holding it as an industrial or trade secret shall not be considered as coming 
under the public domain or disclosed by operation of the law when it is  supplied for the purposes of 
obtaining licences, permits, authorizations, registration or any other official documents . 
 
In judicial matters, confidential information brought forward as evidence in administrative 
proceedings is protected under Article 177 (2) of the Intellectual Property Law, which stipulates that 
information supplied to any authority by a person holding it as an industrial or trade secret shall not 
be considered as coming under the public domain or disclosed by operation of the law when it  is 
supplied for the purposes of obtaining licences, permits, authorizations, registration or any other 
official documents . 
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  Similarly, Article 165 of the Code of Civil and Commercial Procedure stipulates that only the parties 
and their representatives, an d any other person with a legitimate interest, shall be granted access 
to the files, and that for this purpose a documentary record should be kept of who has had access 
to those files. In this regard, it is also stipulated that the files shall be kept unde r the custody of the 
court and that they must not leave the court premises, thus protecting confidential information.  
 
9.5 Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use.  
 
As far as the judicial branch is concerned, for the defence of copyright, the following remedies  can 
be used to defend copyright :  
 
- Immediate suspension of the unlawful activity (Article 90 of the Intellectual Property Law). 
- Prohibiting the infringer from resuming the unlawful activity (Article 90 of the Intellectual 
Property Law). 
- Confiscation  of the unlawful  copies and documentary evidence relevant to the infringement 
(Article 90  of the Intellectual Property Law). 
- Destructio n of the infringing goods (Article 90 of the Intellectual Property Law). 
- Confiscation  of moulds, plates , matrices, negatives, devices and related products, whether 
fixed or not, and other objects used for illegal reproduction (Article 90 of the Intellectua l 
Property Law). 
- Destruction of materials and implements that have been used in the manufacture or creation 
of infringing goods without any compensation to the infringer or , in exceptional circumstances , 
without compensation  of any sort,  disposed of outsid e the channels of commerce in such a  
manner as to minimi ze the risk s of future infringements (Article 90 of the Intellectual Property 
Law). 
- The charitable donation of goods that infring e copyright and neighbouring  rights, only with 
the authori zation of the right holder (Article 90  of the Intellectual Property Law). 
- Removal or keeping under lock and seal of the equipment used for unauthorized public 
communication  (Article 90 of the Intellectual Property Law). 
- Publication of the ruling and its notification to interested parties at the expense of the infringer  
(Article 90 of the Intellectual Property Law). 
- Compensation for damages and injury suffered as a result of the infringement (Article 90 of 
the Intellectual Property Law) , which will be calculated  on the basis of one of the following 
criteria, at the discretion  of the injured party:  
- The damage caused to the right holder as a result of the infringement;  
- The profits that the right holder would presumably have earned if the infringement had 
not occurred;  
- The profits actually earned by the infringer as a result of the infringing acts;  
- The price or royalty that the infringer would have paid to the right holder if a contractual 
licence had been agreed upon, due regard being had to the commercial value of the subject 
matter of the rights infringed and the contractual licences already granted . 
- As a precautionary measure, the preventive seizure o f the liquid revenue  obtained through  
the unlawful  use (Article 91  of the  Intellectual Property Law). IP/N/6/SLV/2  
 
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  - As a precautionary measure, the preventive seizure of the unlawfully reproduced copies, 
packaging, labels and the instruments or materials intended for the infringement with 
inventory, description or deposit thereof  (Article 91  of the Intellectual Property Law). 
- As a precautionary measure , the suspension of unauthorized reproduction, communication or 
distribution activities, as appropriate (Article 91  of the Intellectual Property Law). 
- As a precautionary measure, the prohibition of the import, export or of allowing the in -transit 
movement in the national territory of the unlawfully reproduced copies, by order to the 
Directorate -General  of Customs (Article 91  of the Intellectual Property Law ). 
9.6 In what circumstances, if any, do judicial authorities have the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the go ods or services found to be infringing and of their 
channels of distribution?  
 
In copyright matters, the judicial authorit ies have the authority  to exercise this power under  
Article  91 of the I ntellectual Property Law. 
 
The administrative authorit ies do not have such authority . 
 
9.7 Describe provisions relating to the indemnification of defendants wrongfully enjoined. 
To what extent are public authorities and/or officials liable in such a situation and what 
"remedial measures" are applicable to them?  
 
Indemnification of respondents wrongfully enjoined  
 
In accordance with the provisions of Article 272 of the Code of Civil and Commercial Procedure, any 
party whose claims have been rejected shall be ordered to pay costs . At the same time , Article 92 
of the Law on Trademarks and Other Distinctive Signs stipulates  that anyone  request ing 
precautionary measures in connection with infringements of the rights conferred by the registration 
of trademarks and other distinctive signs, must file a corresponding  claim within 15 days following 
the date on which such measures were ordered , and may be requested to provide a surety, bond or 
guarantee for such purposes.  
 
In the same vein, Article 174 of the Intellectual Property Law relating to the defenc e of industrial 
property rights provides that immediate precautionary measures may be requested, with the 
possibility of making such measures contingent on the provision of sufficient security. It is also 
stipulated that if the action for infringement is n ot brought within 15 days following the imposition 
of the measure, it shall cease to have effect and the complainant shall be liable for any damages.  
 
Article 258 of the Code of Civil and Commercial Procedure, for its part, stipulates that the request 
for preliminary proceedings must contain an offer of security for the potential damages resulting 
from the proceedings, such as from the display in court of the goods proving unfair competition 
referred to in Article 493(1) of the Commercial Code, which covers  the misuse of distinctive 
commercial signs. If the legal action is not brought within one month of the conclusion of the 
proceedings, the security shall be forfeited in favour of the parties concerned. Similarly, under 
Article  434 of the Code of Civil and  Commercial Procedure, where a precautionary measure has been 
issued pursuant to the preliminary proceedings, if a complaint is not lodged within the time limit, 
the parties shall be ordered to pay all the costs of the proceedings and any damages.   
 
Pursua nt to Article 239 of the Constitution, both judges and public officials are responsible for official 
offences committed by them in the exercise of their functions and shall be tried for official offences 
committed by them by the ordinary  courts.  
 
Similarly, Article 245 stipulates that public officials and employees shall be personally liable and the 
State subsidiarily liable for material or moral damages caused as a result of a violation of the rights 
enshrined in the Constitution. In addition, Art icle 60 of the Law on Administrative Procedures 
provides that, in cases where any damages by public officials are caused by the violation of 
constitutional rights, the liability shall be personal, subjective and shall fall directly on the public 
official, and shall not be nullified by the fact that he or she is no longer in office.  
 IP/N/6/SLV/2  
 
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  With regard to copyright, when a precautionary measure is requested in accordance with Article 91 
of the Intellectual Property Law and the corresponding claim  is not filed withi n 15 days following the 
date on which any such measures were ordered , the damages caused will be come  liable and the 
measures shall cease to have effect . 
 
9.8 Describe provisions governing the length and cost of proceedings . Provide any 
available data on th e actual duration of proceedings and their cost.  
 
Article 182(5) of the Constitution of the Republic stipulates that the Supreme Court of Justice shall 
ensure that justice is administered  rapidly and completely , to which end it shall adopt such measures 
as it deems necessary. In accordance with the above and with Article 184 of the Intellectual Property 
Law and Article 113 of the Law on Trademarks and Other Distinctive Signs, the competent courts 
shall be those with commercial jurisdiction, whic h shall hear cases pursuant to Articles 239 and 240 
of the Code of Civil and Commercial Procedure in ordinary declaratory proceedings.   
 
In this respect, Articles 276 to 282 of the Code of Civil and Commercial Procedure refer to complaints 
in ordinary decl aratory proceedings, and subsequently provision is made in Articles 283 to 287 of 
the Code for the rules to be followed regarding summoning the defendant, answering the complaint 
and possible counterclaim. The provisions relating to evidence can be found i n Chapter Three of the 
Code, stipulating in Article 324 the facts that do not need to be proven.  
 
The actual duration of ordinary declaratory proce edings  will depend on the type of claim that is 
brought before the competent courts. The duration may also va ry taking account of the motions filed 
during the course of the proceedings and the lodging of appeals.  
 
Article 181 of the Constitution stipulates that the administration of justice shall be free of charge.  
 
On the other hand, the right holder shall be re sponsible for paying the fees of the attorney he  or she 
appoints. Since El Salvador has an outdated system of fees, these are normally determined by 
agreement. It is therefore extremely difficult to establish the costs of such proceedings, as they vary 
from case to case.  
 
Provisional  measures  
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal basis for such authority . 
 
Copyright and neighbouring  rights  
 
The p rovisional measures that may be applied by the judicial authorities in the area of copyright and 
neighbouring  rights  are as follows : 
 
- Preventive seizure  of the liquid revenue  obtained through  the unlawful use (Article 91 of the 
Intellectual Property Law); 
- Preventive seizure  of the unlawfully reproduced copies, packaging, labels and the instruments 
or materials intended for the infringement with inventory, description or deposit thereof 
(Article 91 of the Intellectual Property Law) ;  
- Suspension  of unauthorized reproduction, communication or distribution activities, as 
appropriate (Article 91 of the Intellectual Property Law); 
- Prohibition of the import, export or of allowing the in -transit movement in the national territory 
of the unlawfully repr oduced copies, by corresponding order to the Directorate -General  of 
Customs (Article 91 of the Intellectual Property Law).   IP/N/6/SLV/2  
 
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  Industrial property  
 
The p rovisional measures that may be applied  by the judicial authorities in respect of industrial 
property rights are as follows:  
 
Patents, utility models and industrial designs  
 
-  Immediate cessation of the infringing acts (Article 174 of the Intellectual Property Law). 
 
-  Preventive s eizure, wit hholding or deposit of the infringing goods and the means intended for 
the infringement (Article 174 of the Intellectual Property Law). 
 
-  Prohibition of the import, export or of allowing the in -transit movement in the national territory 
of the unlawfully reproduced copies, by corresponding order to the Directorate -General  of 
Customs (Article 174 of the Intellectual Property Law).   
 
Distinctive signs ( distinctive commercial signs, geographical indications and appellations of origin ) 
 
- Immediate cessation of the infringing acts (Article 92 of the Law on Trademarks and Other 
Distinctive Signs ). 
- Seizure with inventory, description or deposit of the goods, packaging, labels or other 
materials displaying the infringing mark or sign and the instruments or materials intended for 
the infringement, as well as documentary evidence relevant to the infringement (Article 92 of 
the Law on Trademarks and Other Distinctive Signs).  
- Suspension of the  import, export or in-transit movement of the goods , instruments or 
materials referred to in the preceding subparagraph.  
11.  In what circumstances may such measures be ordered inaudita alte ra parte ? 
 
With re spect  to copyright, Article 91 of the I ntellectual Property Law stipulates  that the judge may 
order , at the request of the holder of the infringed  rights and subject to the provision of a security , 
such precautionary measures as are necessary  for the urgent protection of such rights, to be imposed 
without notice to the infringer .  
 
Similarly, Article 174 of the said law stipulates that in cases of infringement of industrial property 
rights protected thereunder , the judge may order, with immediate  effect,  such precautionary 
measures as are necessary to  ensure the effectiveness of the infringement proceedings or the 
recovery of damages .  
 
In the same vein, Artic le 92 of the Law on Trademarks and Other Disti nctive Signs provides  that in 
cases of infringement of rights arising  from the registration of a trademark or distinctive sign, and 
where  a right holder  requests the application of a precautionary measure, it must be enforced  within 
a non -extendable period  of 48 hours from the filing of the application.  
 
12.  Describe the main procedures for the initiation, ordering and maintenance in force 
of provisional measures, in particular relevant time  limits and safeguards to protect the 
legitimate interests of the defendant.  
 
Copyright and neighbouring  rights  
 
Under  Article 91 of the I ntellectual Property Law, any right holder  who considers that his or her 
copyright has been , or fears that it may be , infringed may ask the judge to order such precautionary 
measures as necessary to protect that right.  
 
In such cases , the judge shall demonstrate, with the available evidence, the circumstances  preceding  
the violation  of the rights and the validity of the complainant 's claims, following which , and subject 
to the provision of a security, the judge shall order such precauti onary measures as the 
circumstances require . 
 IP/N/6/SLV/2  
 
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  This procedure is initiated through a written applica tion by the complainant . The application may be 
submitted before or together with the main complaint. I f the measures have been requested prior 
to the complaint , the latter must be filed within 15 days following the granting of the measures, 
failing which the complainant  shall be liable for the damages  caused . 
 
Industrial property  
 
Patents, utility models and industrial designs  
 
Article 174 of the I ntellectual Property Law stipulates  that an industrial property right holder 
protected thereunder  may ask the judge to order immediate precautionary measures to ensure the 
effectiveness of the proceedings  or the recovery  of damages. Such precautionary measures may be 
made contingent on the provision of sufficient security.  
 
If the infringement action is not  initiated  within 15 working days of the imposition of a  precautionary 
measure , the measure will cease to have effect and the complainant  shall be liable for any damages.  
 
Distinctive signs ( distinctive commercial signs, geographical indications and appellati ons of origin ) 
 
Article 92 of the Law on Trademarks and Other Distinctive Signs provides that precautionary 
measures may be requested for the purpose of  prevent ing an infringement  from occurring , avoid ing 
its consequences, obtain ing or preserv ing evidence, or ensur ing the effectiveness of the action or 
compensation for damages. If the action is not initiated within 15 working days of the enforcement  
of the measure, it will cease to have effect. In addition, the competent court may require that the  
party requesting the precautionary measures provide sufficient security to protect the defendant 
and prevent abuse.  
 
13. Describe the provisions governing the length and cost of proceedings.  
 
Salvadoran legislation provides for the period within which the  precautionary measure is ordered , 
as follows:  
 
- A copyright measure must be ordered immediately (Article 91 of the Intellectual Property 
Law). 
- For patents, utility models and industrial designs, immediate precautionary measures  will be 
requested  (Article 174 of the Intellectual Property Law). 
- With regard to precautionary measures on distinctive signs ( distinctive commercial signs , 
geographical indications and appellations of origin), a period of 48 hours is granted to the 
courts to order and e nforce  such measures (Article 92  of the  Law on Trademarks and Other 
Distinctive Signs ). 
As regards the cost of the proceedings, the right holder must pay the fe es of the prosecutor he  or 
she appoints.  Since El Salvador has an outdated system of fees, these are normally determined by 
agreement.  
 
It is therefore extremely difficult to establish the costs of such proceedings, as they vary from case 
to case.  
 
(b)  Administrative measures  
 
14.  Reply to the above questions in relation to any administrative provisional measures . 
 
Administrative authorities do not have the authority  to order provisional  measures , which are 
handled by the judicial authorities . 
 
Special requirements related to border measures  
15.  Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulation, in particular whether these procedures are 
available also in respect of goods which involve infringements of intellectual p roperty IP/N/6/SLV/2  
 
- 15 - 
 
  rights other than counterfeit trademark  or pirated copyright goods as defined in the TRIPS 
Agreement (footnote to Article 51). Specify, together with relevant criteria, any imports 
excluded from the application of such procedures (such as goods fro m another member 
of a customs union, goods in transit or de minimis  imports ). Do the procedures apply to 
imports of goods put on the market in another country by or with the consent of the right 
holder and to goods destined for exportation?  
 
Trademark s 
 
Border Measures  
 
Article 96 of the Law on Trademarks and Other Distinctive Signs stipulates  that the right holder may 
apply to the competent court to suspend the import, export or in-transit movement of suspected  
counterfeit or confusingly similar trademark  goods by providing adequate  evidence to satisfy the 
competent court that there is prima facie an infringement of the right holder's intellectual property 
right and by supply ing sufficient information that may reasonably be expected to be within the right 
holder's knowledge to make the suspected good s readily  recognizable . The requirement to provide 
sufficient information shall not deter recourse to these procedures.  
 
The compete nt court may require the right holder initiat ing proceedings for suspension to provide 
reasonable security sufficient to protect the defendant and the competent authorities and to prevent 
abuse. The amount of the security shall not deter recourse to these proceedings. Such a security 
may take the form of an instrument issued by a financial services provider to protect  the importer 
or owner of the imported goods from any loss or damage  resulting from the suspension of the release 
of goods , in the event that the competent court determines that the article is not an infringing good. 
 
Once the suspension is enforced, the customs authority shall immediately notify the importer or 
exporter of the goods and the person requesting the measure.  
 
Border measures may be  ordered ex officio  with respect to imported, exported or in -transit goods 
suspected of infringing an intellectual property right, without the need for a formal complaint  from 
the right holder or a private individual.  
 
Where an application o r storage charge  is made for goods  in connection with border measures to 
enforce an intellectual property right, the fee shall not be set at an amount that deters recourse to 
such measures.  
 
Copyright  
 
Article 91 (6) of the Law on Intellectual Property provides  that the right holder may also apply to the 
competent court for border measures to order the suspension of the import, export or in -transit 
movement of unlawfully reproduced copies by providing adequate evidence to satisfy the competent 
court that there is prima facie  an infringement of the right holder's  intellectual property right and by 
supplying  sufficient information that may reasonably be expected to be within the right holder's 
knowledge to make the suspected goods readily  recognizable . The requirement to provide sufficient 
information shall not deter recourse to these procedures.  
 
The competent court may require the right holder initiating proceedings for suspension to provide 
reasonable security sufficient to protect the defendant and the competent authorities and to prevent 
abuse. The amount of the security shall not deter recourse to these proceedings. Such a security 
may take the form of an instrument issued by a financial services provider to protect the importer 
or owner of the imported goods from any loss or damage resulting from the suspension of the release 
of goods, in the event that the competent  court determines that the article is not an infringing good.  
 
Once the suspension is enforced, the customs authority shall immediately notify the importer or 
exporter of the goods and the person requesting the measure.  
 
Where the competent court finds tha t the copies have been unlawfully reproduced, it will inform the 
right holder of the name s and address es of the consignor, importer and consignee  and of  the quantity 
of the goods in question.  
 IP/N/6/SLV/2  
 
- 16 - 
 
  Border measures may be ordered ex officio  with respect to impor ted, exported or in -transit goods 
suspected of infringing an intellectual property right, without the need for a formal complaint from 
the right holder or a private individual.  
 
Where an application or storage charge is made for goods in connection with bo rder measures to 
enforce an intellectual property right, the fee shall not be set at an amount that deters recourse to 
such measures.  
 
Precautionary measures and border measures may be sought prior to, in conjunction with or 
subsequent to the initiation of the legal action for infringement .  
 
16.  Provide a description of the main elements of the procedures relating to the 
suspension of the release of goods by customs authorities, in particular the competent 
authorities (Article 51), the requir ements for an application (Article 52) and various 
requirements related to the duration of suspension (Article 55). How have Articles 53 
(security or equivalent assurance), 56 (indemnification of the importer and of the owner 
of the goods) and 57 (right of  inspection and information) been implemented?  
 
Trademark s 
 
Length  of suspension of goods at borders  
 
With regard  to the procedure for and duration of border measures, Article 97 of the Law on 
Trademarks and Other Distinctive Signs stipulates  that if the action is not brought  within 10 working 
days following the imposition of the measure, the measure  shall cease to have effect and the 
complainant  shall be subject to the provisions of the last paragraph of this Article. In properly  
justified cases, this time limit  may be extended for a  further  10 working days.  
 
Where the suspension was ordered as a  provisional  measure, the time limit provid ed for  such 
measures shall apply.  
 
Once the legal proceedings  on the merits ha ve been initiated, the party affected by the suspension 
may appeal to the judge for consideration of the suspension ordered  and shall be given a hearing 
for this purpose . The com petent judge may amend , revoke or confirm the suspension.  
 
The party requesting border measures shall be liable for damages  resulting from their enforcement 
if the measures are lifted or revoked through the action or omission of the requesting party, or if 
subsequently it is determined that no infringement of an industrial property right had occurred or 
was imminent .  
 
Right of inspection and information in border measure cases 
 
Regarding the right of inspection, Article 98 of the Law on Trademarks and Other Distinctive Signs 
stipulates  that, without prejudice to the protection of confidential information, the competent judge 
order ing the border measure may authori ze the applicant  free access to the detained goods or 
products, in order to inspect them and obtain additional evidence  in support of his or her claim. The 
same right applies to the importer or exporter. This me asure shall be carried out in the presence of 
the respective competent judge, citing  the opposing party.  
 
Once the existence of an infringement is verified, the applicant  shall be advised of the names and 
addresses of the consign or, importer or exporter  and consignee of the goods,  and the quantity of 
goods subject to suspension shall be communicated to the applicant , as well as the quantity of goods 
suspended.   
 
Copyright  
 
Article 91 (5) of the Law on Intellectual Property stipulates  that persons  request ing precautionary 
measures, which may include border measures, must file the corresponding complaint within 
15 days following the date on which the measures were ordered, failing which he or she shall be 
liable for the damages caused and the measure s shall cease to have effect . 
 IP/N/6/SLV/2  
 
- 17 - 
 
  With regard to the right of inspection, Article 91 -B provides that , without prejudice to the protection 
of confidential information, the competent court order ing the precautionary measure may authori ze 
the applicant  free acce ss to the detained goods or products, in order to inspect them and obtain 
additional evidence in support of his or her claim. The same right  applies to the importer or exporter . 
This measure shall be carried out in the presence of the respective competent court, citing the 
opposing party.  
 
Once the existence of an infringement is verified, the applicant shall be advised of the names and 
addresses of the consign or, importer or exporter and consignee of the goods, and the quantity of 
goods subject to suspension shall be communicated to the applicant, as well as the quantity of goods 
suspended.  
 
17.  Describe provisions governing the length and cost of proceedings.  Provide any 
available data on the act ual duration of proceedings and their cost.  How long is the validity 
of decisions by the competent authorities for the suspension of the release of goods into 
free circulation?   
 
As already mentioned in the replies concerning precautionary or prudential me asures, border 
measures are one of the various precautionary measures that a competent court  may impose in 
response to infringements of intellectual property rights when the right holder has so requested .  
 
Salvadoran legislation provides for the period within which the precautionary measure is ordered, 
as follows:  
 
- A copyright measure must be ordered immediately (Article 91 of the Intellectual Property 
Law).   
- For patents, utility models and industrial designs, immediate precautionary measures will  be 
requested (Article 174 of the Intellectual Property Law).  
- With regard to precautionary measures on distinctive signs ( distinctive commercial signs , 
geographical indications and appellations of origin), a period of 48 hours is granted to the 
courts to order and enforce such measures (Article 92 of the Law on Trademarks and Other 
Distinctive Signs).  
As regards the cost of the proceedings, the right holder must pay the fees of the prosecutor he or 
she appoints. Since El Salvador has an outdated system of fees, these are normally determined by 
agreement.  
 
It is therefore extremely difficult to establish the costs of such proceedings, as they vary from case 
to case.  
 
18.  Are competent authorities required to act upon their own initiative and, if  so, in what 
circumstances?  Are there any special provisions applicable to ex officio action?  
 
The customs authorities have the authority to act ex officio . 
 
Trademark s 
 
Border Measures  
 
Article 96 of the Law on Trademarks and Other Distinctive Signs stipulates that the right holder may 
apply to the competent court to suspend the import, export or in -transit movement of suspected 
counterfeit or confusingly similar trademark goods by provid ing adequate evidence to satisfy the 
competent court that there is prima facie an infringement of the right holder's intellectual property 
right and by supplying sufficient information that may reasonably be expected to be within the right 
holder's knowled ge to make the suspected goods readily recognizable. The requirement to provide 
sufficient information shall not deter recourse to these procedures .  
 
The competent court may require the right holder initiating proceedings for suspension to provide 
reasonable security sufficient to protect the defendant and the competent authorities and to prevent 
abuse. The amount of the security shall not deter recourse to these proceedings. Such a security IP/N/6/SLV/2  
 
- 18 - 
 
  may take the form of an instrument issued by a financial s ervices provider to protect the importer 
or owner of the imported goods from any loss or damage resulting from the suspension of the release 
of goods, in the event that the competent court determines that the article is not an infringing good.  
 
Once the su spension is enforced, the customs authority shall immediately notify the importer or 
exporter of the goods and the person requesting the measure.  
 
Border measures may be ordered ex officio  with respect to imported, exported or in -transit goods 
suspected of  infringing an intellectual property right, without the need for a formal complaint from 
the right holder or a private individual.  
 
Where an application or storage charge is made for goods in connection with border measures to 
enforce an intellectual prope rty right, the fee shall not be set at an amount that deters recourse to 
such measures.  
 
Copyright  
 
Article 91(6) of the Law on Intellectual Property provides that the right holder may also apply to the 
competent court for border measures to order the suspension of the import, export or in -transit 
movement of unlawfully reproduced copies by providing ade quate evidence to satisfy the competent 
court that there is prima facie  an infringement of the right holder's intellectual property right and by 
supplying sufficient information that may reasonably be expected to be within the right holder's 
knowledge to m ake the suspected goods readily recognizable. The requirement to provide sufficient 
information shall not deter recourse to these procedures.  
 
The competent court may require the right holder initiating proceedings for suspension to provide 
reasonable security sufficient to protect the defendant and the competent authorities and to prevent 
abuse. The amount of the security shall not deter recourse to these proceedings. Such a security 
may take the form of an instrument issued by a financial s ervices provider to protect the importer 
or owner of the imported goods from any loss or damage resulting from the suspension of the release 
of goods, in the event that the competent court determines that the article is not an infringing good.  
 
Once the su spension is enforced, the customs authority shall immediately notify the importer or 
exporter of the goods and the person requesting the measure.  
 
Where the competent court finds that the copies have been unlawfully reproduced, it will inform the 
right hol der of the names and addresses of the consignor, importer and consignee and of the quantity 
of the goods in question.  
 
Border measures may be ordered ex officio  with respect to imported, exported or in -transit goods 
suspected of infringing an intellectual property right, without the need for a formal complaint from 
the right holder or a private individual .  
 
Where an application or storage charge is made for goods in connection with border measures to 
enforce an intellectual property right, the fee shall no t be set at an amount that deters recourse to 
such measures.  
 
Precautionary measures and border measures may be sought prior to, in conjunction with or 
subsequent to the initiation of the legal action for infringement.  
 
19.  Describe the remedies that the competent authorities have the authority to order 
and any cri teria regulating their use.  
 
The following measures relate to provisional or precautionary measures that may be ordered by a 
competent court at the request of an interested party, including border measures that may be taken 
ex officio  by the customs author ities. 
 
Copyright and neighbouring  rights  
 
The p rovisional measures that may  be applied  by the judicial authorities with respect to copyright 
and neighbouring  rights  are as follows : 
 IP/N/6/SLV/2  
 
- 19 - 
 
  - Preventive seizure of the liquid revenue  obtained through  the unlawful use (Article 91 of the 
Intellectual Property Law). 
- Preventive seizure of the unlawfully reproduced copies, packaging, labels and of the 
instruments or materials intended for the infringement with inventory, description or deposit 
thereof  (Article 91 of the Intellectual Property Law). 
- Suspension of unauthori zed reproduction, communication or distribution activities, as 
appropriate (Article 91 of the Intellectual Property Law). 
- Prohibition to import, export or of allowing the in -transit movement in the national territory 
of the unlawfully reproduced copies may be ordered, by corresponding order to the 
Directorate -General of Customs (Article 91 of the Intellectual Property Law ). 
Industrial property  
 
The provision al measures that may be applied  by the judicial authorities in respect of industrial 
property rights are as follows:  
 
Patents, utility models and industrial designs  
 
- Immediate cessation of the infringing acts (Article 174 of the Intellectual Property Law ). 
- Preventive seizure, withholding or deposit of the infringing goods and the means for the 
infringement (Article 174 of the Intellectual Property Law ). 
- Prohibition of the import, export or of allowing the in -transit movement in the national territory 
of the  unlawfully reproduced copies, by corresponding order to the Directorate -General  of 
Customs  (Article 174 of the Intellectual Property Law ). 
Distinctive signs (distinctive commercial signs , geographical indications and appellations  of origin)  
 
- Immediate cessation of the infringing acts (Article 92 of the Law on Trademarks and Other 
Distinctive Signs ). 
- Seizure with inventory, description or deposit of the goods, packaging, labels or other 
materials displaying the infringing mark or sign and the i nstruments or materials intended for 
the infringement, as well as documentary evidence relevant to the infringement (Article 92 of 
the Law on Trademarks and Other Distinctive Signs).  
- The suspension of the import, export or in -transit movement of the products, instruments or 
materials referred to in the preceding subparagraph.  
Trademark s 
 
Border Measures  
 
Article 96 of the Law on Trademarks and Other Distinctive Signs stipulates that the right holder may 
apply to the competent court to suspend the impo rt, export or in -transit movement of suspected 
counterfeit or confusingly similar trademark goods by providing adequate evidence to satisfy the 
competent court that there is prima facie an infringement of the right holder's intellectual property 
right and by supplying sufficient information that may reasonably be expected to be within the right 
holder's knowledge to make the suspected goods readily recognizable. The requirement to provide 
sufficient information shall not deter recourse to these procedures.  
 
The competent court may require the right holder initiating proceedings for suspension to provide 
reasonable security sufficient to protect the defendant and the competent authorities and to prevent 
abuse. The amount of the security shall not deter recour se to these proceedings. Such a security 
may take the form of an instrument issued by a financial services provider to protect the importer 
or owner of the imported goods from any loss or damage resulting from the suspension of the release 
of goods, in the  event that the competent court determines that the article is not an infringing good.  IP/N/6/SLV/2  
 
- 20 - 
 
   
Once the suspension is enforced, the customs authority shall immediately notify the importer or 
exporter of the goods and the person requesting the measure.  
 
Border measures may be ordered ex officio  with respect to imported, exported or in -transit goods 
suspected of infringing an intellectual property right, without the need for a formal complaint from 
the right holder or a private individual.  
 
Where an applic ation or storage charge is made for goods in connection with border measures to 
enforce an intellectual property right, the fee shall not be set at an amount that deters recourse to 
such measures.  
 
Copyright  
 
Article 91(6) of the Law on Intellectual Proper ty provides that the right holder may also apply to the 
competent court for border measures to order the suspension of the import, export or in -transit 
movement of unlawfully reproduced copies by providing adequate evidence to satisfy the competent 
court t hat there is prima facie  an infringement of the right holder's intellectual property right and by 
supplying sufficient information that may reasonably be expected to be within the right holder's 
knowledge to make the suspected goods readily recognizable. T he requirement to provide sufficient 
information shall not deter recourse to these procedures.  
 
The competent court may require the right holder initiating proceedings for suspension to provide 
reasonable security sufficient to protect the defendant and th e competent authorities and to prevent 
abuse. The amount of the security shall not deter recourse to these proceedings. Such a security 
may take the form of an instrument issued by a financial services provider to protect the importer 
or owner of the impor ted goods from any loss or damage resulting from the suspension of the release 
of goods, in the event that the competent court determines that the article is not an infringing good.  
 
Once the suspension is enforced, the customs authority shall immediately notify the importer or 
exporter of the goods and the person requesting the measure.  
 
Where the competent court finds that the copies have been unlawfully reproduced, it will inform the 
right holder of the names and addresses of the consignor,  importer and consignee and of the quantity 
of the goods in question.  
 
Border measures may be ordered ex officio  with respect to imported, exported or in -transit goods 
suspected of infringing an intellectual property right, without the need for a formal comp laint from 
the right holder or a private individual .  
 
Where an application or storage charge is made for goods in connection with border measures to 
enforce an intellectual property right, the fee shall not be set at an amount that deters recourse to 
such measures.  
 
Precautionary measures and border measures may be sought prior to, in conjunction with or 
subsequent to the initiation of the legal action for infringement.  
 
Trademark s 
 
Length  of suspension of goods at borders  
 
With regard to the procedure for and duration of border measures, Article 97 of the Law on 
Trademarks and Other Distinctive Signs stipulates that if the action is not brought within 10 working 
days following the imposition of the measure, the measure shall cease to have effe ct and the 
complainant shall be subject to the provisions of the last paragraph of this Article. In properly 
justified cases, this time limit may be extended for a further 10 working days.  
 
Where the suspension was ordered as a provisional measure, the tim e limit provided for such 
measures shall apply.  
 IP/N/6/SLV/2  
 
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  Once the legal proceedings on the merits have been initiated, the party affected by the suspension 
may appeal to the judge for consideration of the suspension ordered, and shall be given a hearing 
for this p urpose. The competent judge may amend, revoke or confirm the suspension.  
 
The party requesting border measures shall be liable for damages resulting from their enforcement 
if the measures are lifted or revoked through the action or omission of the requesti ng party, or if 
subsequently it is determined that no infringement of an industrial property right had occurred or 
was imminent.  
 
Right of Inspection and Information in Border Measures Cases  
 
Regarding the right of inspection, Article 98 of the Law on Tra demarks and Other Distinctive Signs 
stipulates that, without prejudice to the protection of confidential information, the competent judge 
ordering the border measure may authorize the applicant free access to the detained goods or 
products, in order to ins pect them and obtain additional evidence in support of his or her claim. The 
same right applies to the importer or exporter. This measure shall be carried out in the presence of 
the respective competent judge, citing the opposing party.  
 
Once the existence of an infringement is verified, the applicant shall be advised of the names and 
addresses of the consign or, importer or exporter and consignee of the goods, and the quantity of 
goods subject to suspension shall be communicated to the applicant, a s well as the quantity of goods 
suspended.  
 
Copyright  
 
Article 91(5) of the Law on Intellectual Property stipulates that persons requesting precautionary 
measures, which may include border measures, must file the corresponding complaint within 
15 days fol lowing the date on which the measures were ordered, failing which he or she shall be 
liable for the damages caused and the measures shall cease to have effect.  
 
With regard to the right of inspection, Article 91 -B provides that, without prejudice to the pr otection 
of confidential information, the competent court ordering the precautionary measure may authorize 
the applicant free access to the detained goods or products, in order to inspect them and obtain 
additional evidence in support of his or her claim. The same right applies to the importer or exporter. 
This measure shall be carried out in the presence of the respective competent court, citing  the 
opposing party.  
 
Once the existence of an infringement is verified, the applicant shall be advised of the na mes and 
addresses of the consign or, importer or exporter and consignee of the goods, and the quantity of 
goods subject to suspension shall be communicated to the applicant, as well as the quantity of goods 
suspended.  
 
Criminal proceedings  
20.  Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.  
 
Where  the infringements constitute a criminal offence, the corresponding  investigations may be 
initiated through  an allegation,  complaint or notice pursuant to  Article  260 of the Code of Criminal 
Procedure. Criminal proceedings are no different for  offences infring ing intellectual property rights 
than for  other offences infring ing other legal rights, and the following judicial authorities shall be 
competent to hear the proceedings according to their level of competence:  
 
- The first instance  generally  involves  three phases , as follows:  
✓ The magistrates' courts  have jurisdiction in respect of the initial investigation 
proceedings and the initial hearing , which addresses the application by the 
public prosecutor to determine whether there is sufficient evidence to initiate 
the proceedings  (Article 56 of the Code of Criminal Procedure).  
✓ The examining courts  handle the formal pretrial hearings for publicly actionabl e 
offences, in conformity with Article 54 of the Code of Criminal  Procedure.  IP/N/6/SLV/2  
 
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  ✓ The courts of judgment  handle the full court stage for all offences in accordance 
with Article 53 of the Code of  Criminal Procedure.  
- The second instance  generally involves  the chambers with criminal jurisdiction, according to 
the provisions of Article 51 of the Code of Criminal Procedure, which have jurisdiction over: 
- Appeals ; 
- Appeals for review of judgments handed down  by them ; 
- In special cases where  they act as courts of first instance; and  
- In other matters determined by law.  
- The Criminal Chamber of the Supreme Court of Justice , in accordance with the provisions of 
Article 50 of the Code of Criminal Procedure, shall have jurisdiction over : 
- Appeals i n criminal matters;  
- Appeals in cases heard at first instance by the chambers of second instance;  
- Reviewing the judgments it hands down ; and  
- Other cases provided for by law.  
21.  In respect of which infringement of which intellectual property rights are cri minal 
procedures and penalties available?  
 
Title VIII ( Offences relating to Property), Chapter VII ( Offences relating to Intellectual Property) , of 
the Criminal  Code provides as follows:  
 
- Infringement  of copyright or neighbouring rights  
Article 226 : Anyone who  on a commercial scale engages in t he reproduction, plagiarization, 
wholesale distribution or public communication, in part or in full, of a literary  or artistic work, or its 
artistic transformati on or performance, fixed on any type of medium or communicated through any 
medium , without the authorization of the holders of the corresponding intellectual property rights or 
their assignees, shall be punished by two to four years' imprisonment.   
 
The same penalty  shall apply to anyone who imports, exports or stores copies of such works or 
productions or performances on a commercial scale without the aforementioned authori zation.  
 
Commercial scale includes significant wilful infringements of copyright and neighbouring  rights, for 
purposes of commercial advantage or private financial gain, as well as wilful infringements that have 
no direct or indirect motivation of financial gain, pr ovided that there is more than a de minimis  
financial harm.  
 
- Aggravated infringement of copyright and neighbouring  rights  
Article 227 : A penalty of four to six years' imprisonment shall be applied to anyone who commits 
any of the acts described in Article 226 above in conjunction with any of the following circumstances:  
 
(1) The status of author of a work or part thereof or the name of an artist in a performance 
has been usurped;  
 
(2)  The work's integrity has been significantly altered without the author's authorization;  
and  
 
(3)  The quantity or the value of the unlawful copy is of special economic importance . 
 
- Violation of effective technological measures  
Article 227 -A: A penalty of two to four years ' imprisonment shall be applied to any person  who, for 
the purposes of commercial advantage or private financial gain : 
 IP/N/6/SLV/2  
 
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  a. circumven ts, without authorization of the right holder,  any effective technological measure 
that controls access to a protected work, performance, phonogram, or other subject 
matter ; 
b. manufactures, imports, distributes, offers to the public, provides, or otherwise traffics in 
devices, products or components , or offers to the public or provides services, provided 
that the devices, products or components, or the services:  
(1) are promoted, advertised, or marketed for the purpose of circumventi ng any effective 
technological measure ; 
 
(2)  have only a limited commercially significant purpose or use other than to circumvent 
any effective technological measure ; or 
 
(3) are primarily designed, produced, or performed for the purpose of enabling or 
facilitating the circumvention of any effective technological measur e. 
 
Any person carrying out the exempted activities stipulated in Article 85 -d of the Intellectual Property 
Law is excluded from criminal liability.  
 
- Violation of rights  management information  
Article 227 -B: A penalty of two to four years' imprisonment shall be applied to  any person  who, for 
the purposes of commercial advantage or private financial gain and knowing that this act could 
induce, enable, facilitate or conceal an infringement of a ny copyright or neighbouring  right:  
 
a. knowingly removes or alters any rights management information;  
b. distributes or imports for distribution rights management information, knowing that such 
information has been removed or altered without the right  holder's authori zation; or  
c. distributes, imports for distrib ution, broadcast, communicat ion or makes available to the 
public copies of works, performances or phonograms, knowing that rights management 
information has been removed or altered without the right  holder's authori zation.  
Any person carrying out the exempted activities stipulated in Ar ticle 85 -e of the Intellectual Property 
Law is excluded from criminal liability.   
 
- Infringement of satellite signal rights  
Article 227 -C: A penalty of two to four years' imprisonment shall be applied to  any person who : 
 
a. manufacture s, assemble s, modif ies, import s, export s, sell s, lease s, or otherwise 
distribute s, by any means,  a tangible or intangible device or system, knowing or having 
reason to know that the device or system is primarily of assistance in decoding an 
encrypted program -carrying satellite sig nal without the authorization of the lawful 
distributor of such signal ; or 
b. receive s and subsequently  distribute s a program -carrying signal that originated as an 
encrypted satellite signal , knowing that it has been decoded without the authorization of 
the lawful distributor of the  signal . 
Similarly, Title IX, (Offences relating to the Socioeconomic Order), Chapter I (Offences relating to 
Industrial Property ), stipulates the following : 
 
- Violation  of privileges  of invention  
Article 228: The manufacture, import, possession, offer or introduction into the market for industrial 
or commercial  purposes and without the consent of the owner of the patent or utility model of the 
subject -matter the reof shall be punished by one to three years' imprisonment.   
 IP/N/6/SLV/2  
 
- 24 - 
 
  The same penalty shall apply to anyone who for the same purposes uses an industrial process or 
design that is protected by registration, without the authorization of the holder or without the 
necessary licence, or offers or introduces into the market or uses the product obtained directly by 
the registered process .  
 
- Violation  of distinctive commercial signs  
Article 229: The reproduction, imitation, modification or use of any kind of a trademark, trade name, 
expression, advertising sign or any other distinctive commercial sign for industrial or commercial 
purposes and without the consent of the holder, in violation of the rights appertaining to the 
industrial property registered in conformity with the law, shall be punished with two to four years' 
imprisonment.  
 
The same penalty shall apply to anyone  who knowingly export s, impor ts or possess es for the 
purposes of sale or pl acing on the market, products or services bearing trademarks or distinctive 
commercial signs which, in accordance with the preceding paragraph, constitute an infringement of 
the exclusive rights of the holder.   
 
- Breach of trust  
Article 230: Anyone who take s possession of documents, carrier media or other items with a view 
to discovering or revealing an economically assess able secret belonging to an enterprise and 
involving economic advantages shall be punished by six  months' to two years' imprisonment.   
 
- Exposure  or disclosure of a n industrial  secret  
Article 231: Anyone who, while legally or contractually bound to maintain confidentiality, exposes or 
discloses an invention for which a patent application has been filed, or an industrial or trade secret, 
shall be punished by six months' to two years' imprisonment .  
 
If the secret is used to the perpetrator's own advantage, the penalty shall be increased by up to 
one third of the maximum .  
 
If the perpetrator is a public official or employee and the act is perpetrated in the course of his or 
her duties, he or she shall, in addition, be disqualified from such duties or employment for six months 
to two years.   
 
22.  Which public authorities are  responsible for initiating criminal proceedings?  Are they 
required to do this on their own initiative and/or in response to complaints?  
 
Under Article 193 (4) of the Constitution, responsibility for initiating criminal proceedings, ex officio  
or at the request of a party, lies with the Attorney -General of the Republic, and the Office of the 
Attorney -General of the Republic is therefore responsible for monitoring the investigation of the 
offence .  
 
In this connection , Article 17 of the Code of Criminal Procedure stipulates  that the Office of the 
Attorney -General of the Republic must initiate public  criminal  proceedings for the ex officio  
prosecution of offences  in the cases identified by  this Code, unless otherwise pr ovided for in the law, 
and, likewise, where the case is prosecuted upon prior request by a private person . 
 
Offences relating to intellectual property and industrial property are public criminal offences.  
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
As mentioned in the previous reply,  which reads as follows:  
 
"Under Article 193(4) of the Constitution, responsibility for initiating criminal proceedings, ex 
officio or at the request of a party, lies with the Attorney -General of the Republic, and the 
Office of the Attorney -General of the Republic is therefore respo nsible for monitoring the 
investigation of the offence.  
 IP/N/6/SLV/2  
 
- 25 - 
 
  In this connection, Article 17 of the Code of Criminal Procedure stipulates that the Office of 
the Attorney -General of the Republic must initiate public criminal proceedings for the ex officio 
prose cution of offences in the cases identified by this Code, unless otherwise provided for in 
the law, and, likewise, where the case is prosecuted upon prior request by a private person.  
 
Offences relating to intellectual property and industrial property are p ublic criminal offences " 
 
offences relating to intellectual property and industrial property are public criminal offences under 
the responsibility of the Office of the Attorney -General of the Republic . 
 
However, pursuant to  Article 17 of the Code of Crimin al Procedure, there will be cases where the 
public prosecutor  receiving  the notice, allegation or complaint does not initiate the corresponding 
criminal proceedings , which will lead to the conversion of public criminal proceedings into private 
criminal proceedings . 
 
Based on the provisions of Article 28, such cases of the conver sion of  an offence into private criminal 
proceedings can only take place when a charge is brought by the victim, in accordance with the 
special procedure provided  for in the Code of Criminal Procedure.  
 
24.  Specify, by category of IPR and type of infringement where necessary, the penalties 
and other remedies that may be imposed:  
 
-  imprisonment ; 
 
-  monetary  fines ; 
 
- seizure , forfeiture  and destruction of infringing goods and materials and 
implements  used for their production;  
 
- other.  
 
Title VIII (Crimes relat ing to Property) , Chapter VII (Crimes rela ting to Intellectual Property ), of the 
Criminal Code provides for the following offences : 
 
- Infringement of copyright and neighbouring  rights  
Article 226 : Anyone who on a commercial scale engages in the reproduction, plagiarization, 
wholesale distribution or public communication, in part or in full, of a literary or artistic work, or its 
artistic transformation or performance, fixed on any type of medium or communicated through any 
medium without the authorization of the holders of the corresponding intellectual property rights or 
their as signees, shall be punished by two to four years' imprisonment .  
 
The same penalty shall apply to anyone who imports, exports or stores copies of such works or 
productions or performances on a commercial scale without the aforementioned authorization.  
 
Commercial scale includes significant wilful infringements of copyright or neighbouring rights, for 
purposes of commercial advantage or private financial gain, as well as wilful infringements that have 
no direct or indirect motivation of financial gain, provid ed that there is more than a de minimis  
financial harm .  
 
- Aggravated infringement of copyright and neighbouring  rights  
Article 227 : A penalty of four to six years' imprisonment shall be applied to anyone who commits 
any of the acts described in Article 226 above in conjunction with any of the following circumstances:  
 
(1)  The status of author of a work or part thereof or the name of an artist in a performance 
has been usurped ; 
 
(2)  The work's integrity has been significantly altered without the author's authorization; 
and 
 
(3)  The quantity or the value of the unlawful copy is of special economic importance . IP/N/6/SLV/2  
 
- 26 - 
 
   
- Violation of effective technological measures  
Article 227 -A: A penalty of two to four years' imprisonment shall be applied to anyone who,  for the 
purpose of commercial advantage or private financial gain:  
 
a. circumvents, without authorization of the right holder, any effective technological measure 
that controls acces s to a protected work, performance, phonogram, or other subject 
matter ; 
b. manufactures, imports, distributes, offers to the public, provides, or otherwise traffics in 
devices, products or components, or offers to the public or provides services, provided 
that the devices, products or components, or the services :  
(1)  are promoted, advertised or marketed for the purpose of circumventing an effective 
technological measure;  
 
(2) have only a limited commercially significant purpose or use other than to circumven t 
any effective technological measure; or  
 
(3) are primarily designed, produced, or performed for the purpose of enabling or 
facilitating the circumvention of any effective technological measure . 
 
Any person carrying out the exempted activities stipulated  in Article 85 -d of the Intellectual Property 
Law is excluded from criminal liability . 
 
- Violation of rights management information  
Article 227 -B: A penalty of two to four years' imprisonment shall be applied to any person who, for 
the purposes of commercia l advantage or private financial gain and knowing that this act could 
induce, enable, facilitate or conceal an infringement of any copyright or neighbouring right :  
 
a. knowingly removes  or alters any rights management information;  
b. distributes or imports for distribution rights management information, knowing that such 
information has been removed or altered without the right  holder's authori zation; or  
c. distributes, imports for distribution, broadcast, communication or makes available to the 
public copies of works, performances or phonograms, knowing that rights management 
information has been removed or altered without the right holder's authorization .  
Any person carrying out  the exempted activities according to Article 85 -e of the Intellectual Property 
Law is excluded from criminal liability.  
 
- Infringement of satellite signal rights  
Article 227 -C: A penalty of two to four years' imprisonment shall be applied to any person who:  
 
a. manufacture s, assemble s, modif ies, import s, export s, sell s, lease s, or otherwise 
distribute s, by any means,  a tangible or intangible device or system, knowing or having 
reason to know that the device or system is primarily of assistance in decoding an 
encrypted program -carrying satellite signal without the authorization of the lawful 
distributor of such signal ; or 
b. receive s and subsequently  distribute s a program -carrying signal that originated as an 
encrypted satellite signal , knowing that it has been decoded without the authorization of 
the lawful distributor of the  signal . 
Similarly, Title IX, (Offences relatin g to the Socioeconomic Order), Chapter I (Offences relating to 
Industrial Property) , stipulates the following:  
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  - Violation of privileges of invention  
 
Article 228: The manufacture, import, possession, offer or introduction into the market for industrial 
or commercial  purposes and without the consent of the owner  of the patent or utility model of the 
subject -matter thereof shall be punished by one to three years' imprisonment .  
 
The same penalty shall apply to anyone who for the same purposes uses an industri al process or 
design that is protected by registration, without the authorization of the holder or without the 
necessary licence, or offers or introduces into the market or uses the product obtained directly by 
the registered process . 
 
- Violation of distinc tive commercial signs  
 
Article 229: The reproduction, imitation, modification or use of any kind of a trademark, trade name, 
expression, advertising sign or any other distinctive commercial sign for industrial or commercial 
purposes and without the consent of the holder, in violation of the rights appertaining to the 
industrial property registered in conformity with the law, shall be punished with two to four years' 
imprisonment.  
 
The same penalty shall apply to anyone who knowingly exports, imports or possesses for the 
purposes of sale or placing on the market, products or services bearing trademarks or distinctive 
commercial signs which, in accordance with the preceding paragraph, constitute an infringement of 
the exclusive rights of the holder.  
 
- Breach of trust  
 
Article 230: Anyone who takes possession of documents, carrier media or other items with a view 
to discovering or revealing an economically assessable secret belonging to an enterprise and 
involving economic advantages shall be punished by  six months' to two years' imprisonment.  
 
- Exposure or disclosure of an industrial secret  
 
Article 231: Anyone who, while legally or contractually bound to maintain confidentiality, exposes or 
discloses an invention for which a patent application has been filed, or an industrial or trade secret, 
shall be punished by six months' to two years' imprisonment.  
 
If the secret is used to the perpetrator's own advantage, the penalty shall be increased by up to one 
third of the maximum.  
 
If the perpetrator is a pu blic official or employee and the act is perpetrated in the course of his or 
her duties, he or she shall, in addition, be disqualified from such duties or employment for six months 
to two years.  
 
Under  Salvadoran legislation, in addition to the prison sen tences indicated above, the following 
measures are found in the Criminal  Code:  
 
Civil liability  
 
Article 114  stipulates that t he commission of an act described by the law as an offence or 
misdemeanour gives rise to civil liability  under the terms provided for in this Code.  
 
Civil liability c onsequences  
 
Article 115 stipulates  that the civil liability consequences of the offence, which shall be set forth in 
the judgment, include : 
 
(1) Restitution of the goods  obtained as a result  of the commission of the punishable offence 
or, failing that, payment of the value thereof ;  
 
(2) Reparation for the damage caused ;  
 IP/N/6/SLV/2  
 
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  (3) Compensation for the  material or moral damages  caused to the victim or the victim's 
family ; and  
 
(4) The costs of the proceedings.  
 
Restitution shall be of the same goods , whenever possible, with payment for any d amage or injury , 
at the discretion of the judge or court. This shall be so even if the object  is in the possession of a 
third party and the latter has acquired it by legal means, except for his or her right of re petition  
against the person concerned and, if applicable, the right to receive civil damages from  the person 
responsible for the offence or misdemeanour.  
 
Reparation for damage shall be made by the judge or court assessing the extent  of the damage 
caused, taking into consider ation the price of the object  and the impact on  the injured  party.  
 
Compensation for damages includes not only the da mages  caused to the injured party, but also 
those caused to his or her relatives or to a third party. The amount shall be adjusted  taking account 
of the extent of the damage and the needs of the victim, in accordance with his or her age, stat us 
and fitness  for employment  and, in addition, any profit obtained from the commission of the offence.  
 
Forfeiture  of the product  and profits deriving from the act   
 
Article 126 provide s that, without prejudice to such repayments and compensation as are due for 
the damages resulting from the act, the judge or court shall order the forfeiture, on behalf of the 
State, of the product, profits  and advantages obtained by the convicted party as a resu lt of the act. 
 
This forfeiture shall include assets, rights and goods obtained by any means for the purpose or as a 
result of the offence , by the convicted party or any other person, natural or legal, on whose behalf 
the convicted party has acted . The forfeiture of the assets , rights or goods  shall also apply to third 
parties who have acquired them, even free of charge, in the knowledge that they are derive d from 
criminal activity, for the purpose of concealing the unlawful origin of such assets , rights  or goods  or 
of assisting the person involved in such activity.  
 
Seizure  
 
Article 127 stipulates that, without prejudice to the rights of purchasers in good faith and for valuable 
consideration or to such improvements or expenditures as have been made by a cquirers free of 
charge, the judge or the court shall order the confiscation or forfeiture on behalf of the State of the 
objects or instruments used by the convicted party to prepare or facilitate the act. Seizure  is not 
applicable in the case of culpable acts. 
 
Seizure  shall only take place  when the objects or instruments are the property of the convicted p arty 
or are in his or her possession with  no claim by third parties. Where the forfeiture is disproportionate 
to the seriousness of the act for which the infringer was convicted , the judge or court may refrain 
from enforcing it , restrict it to a part of the goods or order a reasonable alternative  payment to the 
State.  
 
25.  Describe provisions governing the length and any cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost, if any.  
 
Cost of the proceedings  
 
Under Articles 172 and 181 of the Constitution, the judicial body has the exclusive authority to judge 
and to enforce judgments, inter alia in criminal cases, guaranteeing that the administration of justice 
remains free of charge .  
 
Similarly, criminal proceedings in respect of intellectual property and industrial property offences 
are actionable publicly, and the Office of the Attorney -General of the Republic is the institution 
responsible for conducting the proceedings, so that no cost is in fact involved.  
 
However, Article 95 of the Code of Criminal  Procedure stipulates that the victim may participate in 
the proceedings through his repr esentative, who, under Article 98 of the Code, must be an official IP/N/6/SLV/2  
 
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  attorney of the Republic.  In cases where the holder of the infringed intellectual property right 
chooses to participate in the proceedings, he or she must pay the fees of his  or her  represe ntative.   
 
Duration of the proce edings  
 
Criminal proceedings are provided for  in Book Two of the Code of Criminal  Procedure . 
 
In particular , Article 274 of the Code of Criminal  Procedure stipulates that the duration of the 
investigation stage shall not exceed a maximum of six months following the initiating order.  The 
purpose of this stage is to prepare the public hearing by gathering together all of the elements on 
which to bas e the accusation of the prosecutor or the complainant and to prepare the defence of the 
accused.  
 
Article 417 of the Code of Criminal Procedure stipulates that from the initiation  of proceedings until 
the public hearing  phase , it is possible to request app lication of the accelerated procedure provided 
for in Book Three of the Special Procedures, Title I, when the following conditions are met:  
 
- The prosecutor requests a custodial or prison sentence of up to three years;  
- The accused admits the act and agrees  to the application of such procedure, without prejudice 
to the inclusion in his or her pleading of such other facts or circumstances as he or she may 
consider appropriate ; 
- The counsel for the defence certifies that the accused has freely given his or her consent ; 
- The victim or complainant has given his or her consent . If not, the judge shall examine the 
reasons put forward and may proceed with the accelerated procedure even without the 
consent of the victim or complainant.  
Similarly, in the Code of Crimin al Procedure, specifically in Book Two, Title II (The Trial), no 
maximum time limits are set for this stage.  
 
In addition, Book IV (Procedural Acts), Chapter VI regulates matters concerning the duration of 
procedural acts and deadlines for settlement.  
 
__________