IP/N/6/NIC/1/Rev.1  
 
17 January 2013  
(13-0282)  Page: 1/15  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: Spanish  
 
 CHECK-LIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM NICARAGUA2 
Revision 
Civil and administrative procedures and remedies  
 
(a) Civil judicial procedures and remedies  
 1. Specify the courts which have juri sdiction over IPR infringement cases.  
 
 - Civil District Courts;  
 - Appeal Courts; 
  - Supreme Court of Justice. 
 
 These decide complaints relating to infringements or violations of intellectual property rights.
3 
 
 This is based on Article 103 of Law 312, Copyright and Related Rights; Article 28 
of Law 322, Protection of Programme-Carrying Sate llite Signals; Article 105 of Law 354, Patents, 
Utility Models and Industrial Designs; Article 96 of Law 380, Trademarks and Other Distinctive 
Signs; Article 24 of Law 324, Protection of Layout-Designs of Integrated Circuits; and Article 79 
of Law 318, Protection of New Plant Varieties.  
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
4 
 
 - Right holder; 
 - co-holders; 
 - successors in title;  - exclusive licensees; 
- collective management bodies in the field of copyright and related rights. 
 
                                               
1 Document IP/C/5. 
2 Updated responses from Nicaragua to document IP/N/6/NIC/1 of 30 May 2001. 
3 Articles 3 and 20 of Law 260, Law on the Administration of Justice. 
4 Article 24 of Law 324, Layout-Designs; Articles 105, 105 bis and 108 of Law 354, Patents; Articles 97 
and 103 of Law 380, Trademarks and Other Distinctive Signs; Article 97 of Law 312, Copyright and Related 
Rights; Article 29 of Law 322, Protection of Programme-Ca rrying Satellite Signals; and Articles 3 and 9 of the 
Regulations of Law 318, Protection of New Plant Varieties. IP/N/6/NIC/1/Rev.1 
 
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  Representation 
 
 The above-mentioned persons may be represen ted by attorneys or agents, provided that 
they are lawyers. 
 
Appearance 
 
 The person concerned is not obliged to appear personally in court and may be represented 
by a lawyer.5 The only case in which a personal appearance is mandatory is for discovery purposes 
(answering interrogatories), at the request of the other party.6 
 
3. What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to  produce evidence which lies within its 
control?  
 
Authority 
 
 The competent judicial authorities have the au thority to order the production of documents 
and moveables within the control of the parties, in accordance with the Code of Civil Procedure.7 
 4. What means exist to identify and protec t confidential information brought forward 
as evidence? 
 
Protection of confidential information 
  In our legislation this type of information is protected by keeping it secret, outside the proceedings. Similarly, the evidence must re main under the responsibility of the court.
8 
 
 Moreover, the special intellectual property laws  stipulate that the judicial authorities may do 
whatever is necessary to protect confidential information, where appropriate.   
 Provisions contained in Law 354
9, Patents, Utility Models and Industrial Designs; Law 38010, 
Trademarks and Other Distinctive Si gns; and the Regulations of Law 31211, Copyright and 
Related Rights. 
 
5. Describe the remedies that may be ordere d by the judicial authorities and criteria, 
legislative or jurisprudential, for their use:  
 
 - Injunctions; 
- damages, including recovery of profit s, and expenses, including attorney's 
fees; 
- destruction or other withdrawal from  commercial channels of infringing 
goods and materials/implemen ts for their production; 
 - any other remedies. 
 
Remedies 
 
 - Sequestration; 
 - preventive seizure;  - disclosure of documents;  - inspection of equipment; 
- other suitable measures to prevent infringement ordered by the court and enforced by 
 the customs authorities. 
 
                                               
5 Article 59 Pr. 
6 Article 1207 Pr. 
7 Articles 921 to 930 Pr. and Article 1166 Pr.  
8 Article 97 Pr. and 1109 Pr.  
9 Article 120 of Law 354.  
10 Article 150 of Law 380.  
11 Article 102 of Law 312.  IP/N/6/NIC/1/Rev.1 
 
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   With respect to patents, utility models and industrial designs, the competent judicial 
authority may order one or more of the following measures12: 
  - Cessation of the acts that constitute the infringement; 
 - damages; 
- withdrawal from commercial channels of products resulting from the infringement and 
materials and means used predominantly for committing the infringement; 
 - prohibition of the importation or exportation of products, materials or means; 
- adjudication of the ownership of the above-mentioned products, materials or means, 
in which case the value of such goods shall be included in the damages; 
- destruction of the products, materials or means used for committing the infringement 
and other measures necessary to prevent the continuation or repetition of the 
infringement; 
- publication of the verdict and notification of interested parties at the infringer's 
expense. 
  The following criteria, among others, are used to calculate the amount of damages: 
 
 - The profits lost by the right holder as a consequence of the infringement;  - the profits earned by the infringer as a result of the infringing acts; 
- on the basis of the commercial value of the infringed right and such contractual 
licences as the right holder may already have granted, the price that the infringer 
would have paid for a contractual licence. 
 
 In copyright and related rights cases
13, measures may be adopted to ensure the cessation of 
the unlawful activity and indemnification for moral and material damage.  
 Cessation of the unlawful activity may include: 
  - Prohibition from engaging in the acts that constitute such activity;  - the withdrawal of unlawful copies from circulation and their destruction; 
- the seizure of the equipment used and its handing over to charitable associations. 
  The moral right of the author is understood to have been infringed by the impairment of any 
of the powers it confers and by the violation of any right of exclusive exploitation in the works. 
In both cases, irrespective of material damage, the author is entitled to indemnification for moral damage, even if there is no proof of the existe nce of economic injury derived from material 
damage. For assessment purposes, the circumstances of the infringement, the seriousness of the 
injury and the extent of the unlawful dissemination of the work are taken into account.   In determining the material damage, the foll owing, in particular, are taken into account: 
 
- The profits which the injured party would presumably have earned if there had been 
no infringement; 
- the remuneration he would have received if he had authorized the use; and 
- in the case of malicious intent on the part of the infringer, all profits that he may have 
derived from the infringing activity. 
 
 The injured party may opt for compensation for infringement of economic rights for injury calculated in accordance with any of the above rules. If he opts for more than one, their 
application will be equitably adjusted by the court. 
 
 Whatever the nature of the damages, the compensation will include the costs of the proceedings and the fees of any lawyer representing the injured party, in accordance with the 
Schedule of Court Charges. 
  In the case of "programme-carrying signals"
14, without prejudice to any criminal penalties, 
the holder, his successor in title or representative may request from the court: 
                                               
12 Articles 106, 106 bis, 107 and 107 bis of Law 354, Patents. 
13 Articles 97, 97 bis 1, 97 bis 2, 98, 99, 100 and 101 of Law 312. 
14 Article 28 of Law 322, Programme-Carrying Signals, and Article 25 of Decree 44-2000, Regulations 
of Law 322. IP/N/6/NIC/1/Rev.1 
 
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 - The cessation of the unlawful activity;  - the prohibition of its resumption; 
- the payment of compensation for damage and injury caused by the infringement of 
the right; 
- the withdrawal from trade of unlawful copies  and their handing over to the holder of 
the infringed rights, at his request, or their destruction; 
- the rendering useless or disablement of th e products resulting from the unlawful act, 
the equipment or systems used for committing it and the materials used for the infringement, if they cannot be used for lawful purposes, and, if necessary, their destruction; 
- the payment of the costs of the proceedings by the infringer; 
- the publication of the judgment in one or more newspapers specified by the court, 
without prejudice to its publication in the Official Journal, La Gaceta , all at the 
expense of the infringer. 
  Damages shall be fixed in accordance with the provisions for the determination of material 
damages in Law 312, Law on Copyright and Related Rights. 
  Law 318, Protection of New Plant Varieties
15, refers to the provisions of Law 354, Patents, 
Utility Models and Industrial Designs. 
 
 In the case of trademarks and other distinctive signs16, the following measures may be 
adopted to ensure the cessation of the unlawful activity: 
 
 - Cessation of the acts that constitute the infringement;  - damages; 
 - seizure or sequestration of the products resulting from the infringement; 
 - prohibition of importation or exportation of the products or materials;  - destruction of the products used for committing the infringement;  - measures necessary to prevent the continuation or repetition of the infringement; 
 - publication of the verdict and notification of interested parties at the 
infringer's expense; 
- donation to charity of the counterfeit trademark goods, contingent upon the consent 
of the affected right holder. 
 6. In what circumstances, if any, do judi cial 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 good s or services found to be infringing and 
of their channels of distribution? 
 
 The judicial authorities may order the infringer to provide information that he may have 
concerning persons who have participated in the production or marketing of the products or processes forming the subject of the infringement and the distribution channels for 
those products.
17 
 7. Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To what extent are public author ities and/or officials liable in such a 
situation and what "remedial meas ures" are applicable to them?  
 
Indemnification of defendants wrongfully enjoined 
  The measure which the judicial authorities appl y, whether ex officio or at the request of a 
party, is to require the plaintiff to provide security sufficient to cover and pay any costs or 
damages awarded against him.
18 
                                               
15 Article 79 of Law 318, New Plant Varieties. 
16 Article 98 of Law 380, Trademarks and Other Distinctive Signs. 
17 Article 98 of Law 380, Trademarks and Other Distinctive Signs; Article 106 and 106 bis of Law 354, 
Patents; Article 79 of Law 318, New Plant Varieties. 
18 Articles 939 Pr. to 948 Pr.; Article 113(d) of Law 354, Patents; Article 103(4) of Law 312, Copyright 
and Related Rights; Article 81(f) and Article 82 of Law 318, New Plant Varieties; Article 144 of Law 380, Trademarks and Other Distinctive Signs; Article 34(1) of Law 322, Satellite Signals. IP/N/6/NIC/1/Rev.1 
 
- 5 - 
 
   
Liability of public officials 
  Under the Constitution, the State is materially liable for injury to the goods, rights and 
interests of individuals resulting from the actions or  omissions of public officials in the exercise of 
their duties. The State, in its turn, may sue the of ficial or civil servant responsible for the injury. 
 
 Officials and civil servants are personally liable for violations of the Constitution, for lack of 
administrative probity and for any other offence or misdemeanour committed in the performance 
of their duties. They are also liable to the State for damage caused by abuse, negligence or omissions in the exercise of their authority.
19 
 
 With regard to the extent to which public authorities and/or officials are liable, the material liability of the State and the Government is estab lished in respect of any damage and injury to the 
goods, rights and interests of individuals under Law 476, Law on Civil Service and Careers in 
Administration, duly published in Official Journal No. 235 of 11 December 2003, and Law 438, 
Probity of Public Officials, duly published in Official Journal No. 147 of 7 August 2012. Moreover, 
Law 260, Law on the Administration of Justice, establishes the liability, disciplinary, civil and 
criminal, of court officials.   Nicaraguan legislation includes remedial measures applicable to public officials which range 
from warnings to temporary or permanent suspension, as appropriate, and pecuniary penalties, 
without prejudice to the provisions of criminal law.  
8. Describe provisions governing the leng th and cost of proceedings. Provide any 
available data on the actual durati on of proceedings and their cost.  
 
Length and cost of proceedings 
 
 Nicaraguan legislation provides for ordinary proceedings20, which consist of the following: 
six days to contest the injunction after notification; 20 days for the taking of evidence, if the 
evidence has to be produced in the place wher e the proceedings are being held, otherwise the 
period may be increased but not by more than half the original period specified by law; 15 days after completion of the formalities for delivering a final judgment. 
 
 There are also the summary proceedings referred to in Law 312, Law on Copyright and Related Rights. In this case the court may be requested to conduct the proceedings on the merits 
in accordance with the summary civil procedure
21, which should not take more than 14 days in 
first instance.   The civil proceedings applicable to acts of infringement and acts of unfair competition last 
approximately two (2) months.  
  In Nicaragua, the administration of justice is free of charge.
22 Some costs for the provision 
of court services are regulated by the Schedule of Court Charges. Costs may also be incurred for 
the service of notice. As far as lawyers' fees ar e concerned, they are agreed between the parties 
(clients and lawyers) or the Schedule of Court Charges is applied. The approximate costs are 
usually US$3,000 to US $6,000 at first instance, US$2,000 at second instance, and US$3,000 
in cassation.   
(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.  
 
                                               
19 Article 131 Cn. 
20 Article 5 Pr., 6 Pr., 934 Pr., 165 Pr., 416 Pr., 1038 Pr., and 1090 Pr. 
21 Article 105 of Law 312, Copyright. 
22 Article 165 Cn. IP/N/6/NIC/1/Rev.1 
 
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  Competent authorities in the field of intellectual property 
 
 Under Nicaragua's legal system, administrative bodies are not empowered to impose enforcement measures. This is a matter exclusively for the courts. 
 
Provisional measures  
 
(a) Judicial measures 
 10. Describe the types of provisional measures  that judicial authorities may order, and 
the legal basis for such authority.  
 
Industrial property 
 
 In accordance with the Law on Patents23, the following provisional measures may, among 
others, be ordered24: 
 
 - Immediate cessation of the acts that constitute the infringement; 
- seizure or sequestration of the products resulting from the infringement and materials 
and means used predominantly for committing the infringement; 
- suspension of importation or exportation of the products, materials and means 
mentioned in the preceding subparagraph; 
- provision of security or other guarantee deemed sufficient by the competent judicial 
authority; 
- disclosure of documents. 
 
 The Law also lays down border measures.25 
 
 The Law on the Protection of Layout-Designs of Integrated Circuits also provides for the aforementioned types of measure.
26 
 
 The Law on Trademarks and Other Distinctive Signs.27 contains provisional 
measures, including28: 
 
 - Immediate cessation of the acts that constitute the infringement; 
- seizure or sequestration of products, packag ing, wrappings, labels, printed material or 
advertising and other materials displaying the allegedly infringing sign and materials 
and means used predominantly for committing the infringement; 
- suspension of importation or exportation of the products, materials or means 
mentioned in the preceding subparagraph; 
- border measures.29 
 
 The Law on the Protection of New Plant Varieties30 provides for the ordering of the following 
provisional measures, among others: 
 
 - Immediate cessation of the acts that constitute the infringement; 
- withdrawal from or prevention of circulation in respect of the plant varieties or 
propagating material with which the rights  protected by the Law are infringed;  
                                               
23 Article 113 of Law 354, Patents. 
24 Article 113(3) of Law 354, Patents: This mentions certain provisional measures by way of illustration, 
which allows the judicial authority to  adopt other measures such as, for ex ample, the inspection of equipment, 
installations and moveables or immoveables. It may also adopt other provisional measures mentioned in the Code of Civil Procedure (Article 2000 (5) Pr.). 
25 Articles 118 to 120 of Law 354, Patents. 
26 Article 24 of Law 324, Integrated Circuits. 
27 Article 143 of Law 380, Trademarks and Other Distinctive Signs. 
28 Article 143 of Law 380, Trademarks and Other Distinctive Signs. This legislation also lists certain 
provisional measures by way of illustration, thus allowing the competent judicial authority to adopt other measures, such as inspection of equipment, installations and goods (moveable and immoveable). The judicial authority may also adopt other provisional measures  for which the Code of Civil Procedure provides 
(Article 2000 (5) Pr.). 
29 Articles 147 to 151 of Law 380, Trademarks and Other Distinctive Signs. 
30 Article 81 of Law 318, New Plant Varieties. IP/N/6/NIC/1/Rev.1 
 
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  - withdrawal from circulation of object s, packaging, wrappings, stationery, 
advertising and the like with which any of the rights protected by the Law are infringed; 
- seizure or sequestration of the products resulting from the infringement and 
materials and means used predominately for committing the infringement; 
- suspension of exploitation of the products, materials or means mentioned in the 
preceding subparagraphs; 
- provision of security or other guaran tee deemed sufficient by the competent 
judicial authority; and 
- the production of documents or moveables. 
 
Copyright and related rights 
 
 The Law on Copyright and Related Rights31 includes protective measures which, depending 
on the circumstances, may be necessary for the urgent protection of rights, in particular, the 
prohibition or suspension of the infringing activity , the sequestration of copies reproduced or used 
in that activity and the corresponding implements , together with deposits of income from the 
infringing activity. Similarly, under this legislation the parties may request judicial examination of 
the evidence.32 
  The Law on the Protection of Programme-Carrying Satellite Signals
33 stipulates that, without 
prejudice to the provisional measures for which the ordinary legislation provides, the judicial 
authority may order, among other things, the following:  
 - Immediate suspension of the infringing activity; 
- sequestration of everything that constitutes violation of the right or has been used for 
the infringement; 
- seizure of revenue from the unlawful activity and, where appropriate, the amounts 
owed by way of remuneration; 
- production and confiscation of documents and other moveables; - inspection of equipment, installations and immoveables; 
- adoption of other measures necessary to prevent infringement or safeguard evidence. 
  These proceedings are usually expeditious. Their duration is three to five months. In the 
case of patents, there are no remedies that may be ordered. It is only possible to accept or reject 
the comments on a patent application.
34 
 
11. In what circumstances ma y such measures be ordered inaudita altera parte ?  
 
Circumstances in which measures may be ordered 
 
 The copyright and related rights legislation35 establishes the following circumstances: when 
any delay might cause irreparable injury to the applicant or there is a demonstrable risk of evidence of the violation or revenue from the infringing activity, the depositing of which has been 
requested, being destroyed or caused to disappear. 
  In the field of industrial property, these measures may be adopted in the 
following circumstances: 
  - To prevent an infringement or avoid its consequences;  - to obtain and preserve evidence; 
 - to ensure the effectiveness of the action or the payment of damages.
36 
 
                                               
31 Article 102 of Law 312, Copyright. 
32 Article 103(3) of Law 312, Copyright. 
33 Articles 31 and 33 of Law 322, Programme-Carrying Satellite Signals. 
34 Article 98 of Law 354, Patents. 
35 Article 103(2), second paragraph, of Law 312, Copyright. 
36 Articles 113 and 115 of Law 354, Patents; Articles 143 and 145 of Law 380, Trademarks and Other 
Distinctive Signs; Article 24 of Law 324, Integrated Circ uits; Articles 30 and 33 of Law 322, Satellite Signals; 
Articles 81 and 83 of Law 318, New Plant Varieties. IP/N/6/NIC/1/Rev.1 
 
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  12. Describe the main procedures for the in itiation, ordering and maintenance in force 
of provisional measures, in particular relevant time-limits and safeguards to 
protect the legitimate interests of the defendant.  
 
Procedure for the adoption of provisional measures 
 
 Any party initiating or about to initiate an action for infringement of a right protected under 
the corresponding laws may request the competent judicial authority to order immediate 
provisional measures for the purpose of preventing an infringement from occurring, avoiding its consequences, obtaining or preserving evidence, or ensuring the effectiveness of the action or the 
payment of damages. 
 
 Provisional measures may be requested before starting the action for infringement, together 
with it, or after it has been initiated. 
 
 A provisional measure will be ordered only where the person requesting it can prove his lawful right of action and the existence of the in fringed right. The competent judicial authority will 
require the person requesting the measure to provide sufficient assurance (security), in 
accordance with the Code of Civil Procedure. On ce measures have been executed, to maintain 
them in effect a corresponding application must be made within the legal term, for example, in the case of patents
37, trademarks, integrated circuits and new plant varieties within fifteen (15) 
working days of the execution of the measure. The period applicable to copyright and related 
rights38 is twenty (20) days from adoption. In the case of programme-carrying satellite signals39 
the period is thirty (30) consecutive days from implementation or execution. 
 
13. Describe provisions governing the length and cost of proceedings. Provide any 
available data on the actual durati on of proceedings and their cost.  
 
 The proceedings are expeditious and their dura tion depends on each particular case. The 
costs are determined by agreement.  
(b) Administrative measures 
 14. Reply to the above questions in rela tion to any administrative provisional 
measures. 
 
Administrative measures 
  Under Nicaragua's legal system, administrative bodies are not empowered to impose enforcement measures. This is a matter exclusively for the courts.  
Special requirements rela ted 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 circulat ion, in particular whether these procedures 
are available also in respect of goods wh ich involve infringements of intellectual 
property rights other than counterfeit trad emark 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 from 
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?  
 
Suspension of release 
  In Nicaragua, the holder of an intellectual property right may request the competent judicial 
authority to suspend the customs clearance of any goods that infringe that right. These measures 
                                               
37 Article 116 of Law 354, Patents; Article 145 of Law 380, Trademarks; Article 84 of Law 318, New 
Plant Varieties; Article 24 of Law 324, Integrated Circ uits; and Articles 102 and 103 of Law 312, Copyright. 
38 Article 104 of Law 312, Copyright.  
39 Article 34(2) of Law 322, Satellites. IP/N/6/NIC/1/Rev.1 
 
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  will be ordered by the judicial authority once the applicant has shown that he is the holder of the 
right.   The Laws on Patents, Trademarks and Other Distinctive Signs, Layout-Designs of Integrated 
Circuits and New Plant Varieties
40 establish measures for suspending the importation or 
exportation of protected goods.  
 In the case of "pirated goods that infringe  copyright and related rights", the competent 
judicial authority may also order the implementation of such measures, in accordance with Article 102 of Law 312 and Article 2000 of the Code of Civil Procedure.
41 
 
 This provision is applicable both to the infringing products and to the materials or means 
used predominantly for committing the infringement, at the time of importation, exportation or transit. 
 
Parallel imports 
 
 The Laws on Trademarks and Other Distinctive Signs42 and on Patents, Utility Models and 
Industrial Designs43 follow the international system of exhaustion of rights, that is to say, it is 
sufficient for the right holder or a person or entity economically related with him and acting with his consent to put the lawful products into circulation in some country. In other words, border 
measures are not applied to parallel imports. 
 16. Provide a description of the main elem ents of the procedures relating to the 
suspension of the release of goods by customs authorities, in particular the 
competent authorities (Article 51), the requ irements for an application (Article 52) 
and various requirements related to the du ration of suspension (Article 55). How 
have Articles 53 (security or equivalent  assurance), 56 (indemnification of the 
importer and of the owner of the good s) and 57 (right of inspection and 
information) been implemented? 
 
The holder of an intellectual property right wi shing to have measures taken at the border may 
apply directly to the judicial authority, whic h issues the corresponding order to the General 
Directorate of Customs Services. If the conditions have been met and the necessary assurances 
provided, the court will order or deny suspen sion and inform the applicant accordingly. 
 Once suspension has been executed, the General Di rectorate of Customs Services will immediately 
notify the parties (importer or exporter and applicant) of the execution of suspension. 
  In practice, the competent authority sends an official letter to the General Directorate of Customs Services; in its turn, the latter orders customs offices at airports, seaports and land 
borders to suspend release of the infringing goods. 
  These measures are executed at the request of the interested party, subject to the provision 
of security (deposit) as specified by the competent judicial authority. 
 17. Describe provisions governing the length and cost of proceedings. Provide any 
available data on the actual duration of proceedings and their cost. How long is the 
validity of decisions by the competent auth orities for the suspension of the release 
of goods into free circulation? 
 
 With regard to the length of the proceedings and their cost, the proceedings are expeditious 
and their duration depends on each particular case. The costs are determined by agreement. 
 
 In Nicaragua, the period of validity is not mo re than ten (10) days, which may be extended 
by a period of the same length, where there is good cause.
44 Where suspension is ordered as a 
                                               
40 Articles 147 to 151 of Law 380, Trademarks and Other Distinctive Signs; Articles 117 to 120 
of Law 354, Patents; and Articles 6 and 79 of Law 318, New Plant Varieties. 
41 Article 102 of Law 312, Copyright and Related Rights, Article 2000 Pr. 
42 Article 29 of Law 380, Trademarks and Other Distinctive Signs. 
43 Article 47 of Law 354, Patents. 
44 Article 149 of Law 380, Trademarks and Other Distinctive Signs; and Article 119 of Law 354, Patents. IP/N/6/NIC/1/Rev.1 
 
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  provisional measure, its duration will be fifteen ( 15) working days from the date of execution of 
the measure.   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? 
 
 Under Nicaragua's legislation these measures are applied at the request of a party.
45 
 19. Describe the remedies that the competen t authorities have the authority to order 
and any criteria regulating their use.   
 
 Nicaragua's General Directorate of Customs Services does not have the authority  to impose 
border measures by itself. It can only act under a court order.  
 
 These measures are described in the replies to question 10 above.  
Criminal Procedures 
 
20. Specify the courts which have jurisdicti on over criminal acts of infringement 
of IPRs.  
 
 - The District Criminal Courts;  - the Criminal Division of the Court of Appeals; 
 - the Criminal Division of the Supreme Court of Justice. 
 21. In respect of which infringements of whic h intellectual property rights are criminal 
procedures and penalties available? 
 
The Criminal Code of the Republic of Nicaragua and intellectual property legislation establish 
the penalties for infringement of intellectual property rights, together with the appropriate fines.  
 
Chapter IX of the Criminal Code sets out the offences against copyright and 
related rights
46 
 
Unauthorized exercise of copyright and related righ ts: Whoever, in breach of the relevant Law and 
with the intent of making a profit for himself or for a third party, engages in any of the following 
acts without the written authorization of the right holder, is liable to a 90 to 150-day fine or 
imprisonment for six months to two years and specific disqualification for the same period from any duties, profession, function, industry or business related to the offence:  
(a) Translating, arranging or otherwise transforming the work; 
(b) communicating to the public of all or part of a work or phonogram in any form, on any 
medium or by any process; 
(c) retransmitting a radio broadcast, by any wire or wireless means; 
(d) reproducing a greater number of copies than the contract permits; (e) distributing or communicating the work after the contract has expired; 
(f) falsely appropriating authorship in a work; 
(g) engaging in any act that circumvents or attempts to circumvent a technological measure 
implemented by the right holder so as to avoid unauthorized use of a work or phonogram; 
(h) manufacturing, importing, distributing and marketing, or providing mechanisms, devices, 
products or components, or installation services aimed at circumventing the aforementioned 
technological measures; 
(i) altering or eliminating rights-management information; and 
(j) importing, distributing, marketing, leasing or using any other means of distributing works or 
phonograms concerning which rights management information has been eliminated or altered. 
 
                                               
45 Idem. 
46 Articles 247, 248, 250 and 251 of the Criminal Code. IP/N/6/NIC/1/Rev.1 
 
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  Unlawful reproduction: Whoever, in breach of th e relevant Law and with the intent of making a 
profit for himself or a third party, engages in any of the following acts without the written authorization of the right holder, is liable to a 300 to 500-day fine or imprisonment for one to 
three years and specific disqualification for the same period from any duties, profession, function, 
industry or business related to the offence: 
 (a) Reproducing all or part of a work or phonogram on any medium, in any form or by any 
process; 
(b) distributing copies of a work or phonogram by sale, rental, lending to the public, import, 
export or other means of distribution; 
(c) fixing a performer's performance; and 
(d) fixing a protected broadcast for subsequent reproduction or distribution. 
 Protection of computer programs: Whoever, in breach of the relevant Law, manufactures, 
distributes or sells mechanisms or systems allowing or facilitating the unauthorized removal of 
technical devices used to prevent the reproducti on of computer programs is liable to a 300 
to 500-day fine or imprisonment for one to three years and specific disqualification for the same 
period from any duties, profession, function, industry or business related to the offence. 
 Aggravating and mitigating circumstances: Th e minimum and maximum limits of the penalties 
specified in the foregoing Articles shall be increased by one third in the case of a work that is not 
intended for disclosure, or in the event of distortion, mutilation or other alteration which affects or 
prejudices a person's honour or reputation. The penalties specified in the foregoing Articles shall be reduced by one third if the infringement was committed without any intent of profit to oneself 
or a third party. 
 Programme-Carrying Satellite Signals
47 
 Offences relating to protected satellite signals: Whoever, in breach of the relevant Law and with the intent of making a profit for himself or for a third party, engages in any of the following acts without the written authorization of the right holder: 
 
(a) Retransmitting or distributing to the public a programme-carrying signal by wire or wireless 
means or any other similar means or process; 
(b) decoding an encoded programme-carrying signal; 
(c) fixing or reproducing broadcasts; (d) manufacturing, assembling, modifying, importing, exporting, selling, installing, maintaining, 
leasing, or in any other way distributing or marketing devices or systems which can be used 
for decoding an encoded programme-carrying signal; 
 is liable to one to three years' imprisonment or  a 300 to 500-day fine and specific disqualification 
for the same period from any function, profession, position, industry or business related to 
the offence.  
Chapter X of the Criminal Code sets out the offences against industrial property rights : 
 Patents
48 
 Fraudulent use of a patent, utility model or indust rial design: Whoever, in breach of the relevant 
Law and without the written authorization of the right holder, engages in any of the following acts is liable to a 90 to 300-day fine or imprisonment for one to two years and specific disqualification 
for the same period from any duties, profession, function, industry or business related to the 
offence: 
 
(a) Falsely causing a product to appear to be protected by a patent, utility model or industrial 
design; 
(b) without being the holder of a patent, utility model or industrial design or while no longer 
enjoying those privileges, invoking it before a third party as if he were so entitled. 
 
                                               
47 Ibid., Article 249. 
48 Ibid., Articles 252 and 253. IP/N/6/NIC/1/Rev.1 
 
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  Violation of rights conferred by a patent, utility mo del or industrial design: Whoever, in breach of 
the relevant Law and without the written authorization of the right holder, engages in any of the following acts is liable to a 300 to 500-day fine or imprisonment for one to three years and specific disqualification for the same period from any duties, profession, function, industry or business 
related to the violation: 
 (a) Manufacturing a product protected by a patent or a utility model, or an industrial design; 
(b) using a patented process to manufacture products obtained directly by means of the 
patented process; 
(c) selling, distributing, importing, exporting, or stocking a product covered by a patent or 
obtained by means of a patented process, which has knowingly been manufactured or 
processed; and 
(d) selling, distributing, importing, exporting, or stocking a product covered by a utility model, 
or incorporating a protected industrial design, which has knowingly been manufactured or 
processed.  
 New Plant Varieties
49 
 Infringement of plant breeders' rights: Whoever, in breach of the relevant Law and without the written authorization of the right holder, produces, reproduces, prepares for the purposes of reproduction or propagation, markets, exports, im ports or gives material for the reproduction or 
propagation of a protected plant variety is liable to a 300 to 500-day fine or imprisonment for one 
to three years and specific disqualification for the same period from any duties, profession, function, industry or business related to the infringement. 
 
Trademarks and Other Distinctive Signs
50 
 
Unlawful use of trademarks and other distinctive signs: Whoever, in breach of the relevant Law 
and without the written authorization of the right holder, engages in any of the following acts is liable to a 300 to 500-day fine or imprisonment fo r one to three years and specific disqualification 
for the same period from any duties, profession, function, industry or business related to the 
infringement: 
 (a) Manufacturing, selling, stocking, distributing, importing, or exporting products or services 
bearing a registered trademark or distinctive sign or a direct copy or imitation or 
modification thereof, if the trademark or distinctive sign is used in connection with products or services distinguished by the protected sign; 
(b) manufacturing, reproducing, selling, stocking, or distributing labels, containers, wrappings, 
packaging or other similar materials that reproduce or contain a registered trademark or distinctive sign; 
(c) making commercial use of containers, wrappings or packaging bearing a registered 
trademark or distinctive sign in order to give the impression that they contain the original 
product; and 
(d) manufacturing, selling, stocking, or distri buting a product bearing a false geographical 
indication or appellation of origin, even when the true origin of the product is indicated or is 
accompanied by expressions such as "type", "kind", "style", "imitation" or the like. 
 
Layout-Designs of Integrated Circuits
51 
 
Violation of rights flowing from ownership of layout-designs (topographies) of integrated circuits: Whoever, in breach of the relevant Law and without the written authorization of the right holder, 
engages in any of the following acts is liable to a 300 to 500-day fine or imprisonment for one to 
three years and specific disqualification for the same period from any duties, profession, function, industry or business related to the violation: 
 
(a) Reproducing, by means of incorporation in an integrated circuit or otherwise, a protected 
layout-design in its entirety or any of its parts deemed to be original; 
 
                                               
49 Ibid., Article 254. 
50 Ibid., Article 255. 
51 Ibid., Article 256. IP/N/6/NIC/1/Rev.1 
 
- 13 - 
 
  (b) importing, exporting, selling, distributing, or stocking a protected layout-design, an 
integrated circuit incorporating the layout-design, or an item containing an integrated circuit which, in its turn, incorporates the protected layout-design; 
 
Without prejudice to the criminal penalty for whic h this chapter and the preceding chapter provide, 
the court shall order the publication of the conclusions of the sentence in one or more newspapers with a wide circulation or otherwise in any other form or format, at the request of a party and at 
the infringer's expense.
52 
 
Law on Copyright and Related Rights (Articles 109 to 112) 
 
Printers and other enterprises engaged in similar activities may not print or reproduce labels, 
covers and other materials necessary for the dissemination of works and phonograms, without the authorization of the right holder. 
 
The following acts shall be considered unlawful and treated as an infringement of the rights of the 
authors and other copyright holders: 
 
- The manufacture or importation, for sale or hire, of a device or means especially 
designed or adapted for rendering inoper ative any device or means intended to 
prevent or restrict the reproduction of a wo rk or degrade the quality of copies made; 
 
- The manufacture or importation, for sale or hire, of a device or means that allows or 
facilitates the reception of an encoded programme, whether broadcast or 
communicated to the public by some other means, by persons not authorized to 
receive it; 
 
- The unauthorized elimination or alteration of any rights management information 
presented in electronic form; 
 
- The unauthorized distribution or importation for distribution, broadcasting, 
communication to the public or making availa ble to the public of works, performances, 
phonograms or broadcasts, while aware that rights management information presented in electronic form has been elim inated or altered without authorization; 
 
- For the purposes of this Article, "rights management information" shall mean 
information that makes it possible to identify the author, the work, the performer, the 
performance, the phonogram producer , the phonogram, the broadcasting 
organization, the broadcast and any holder of  rights under this Law or any information 
concerning the terms and conditions for the use of the work and other productions envisaged by the Law and any number or code representing such information, when 
any such item of information has been added to a copy of a work, a fixed 
performance, a copy of a phonogram or a fixed broadcast or appears in connection 
with the broadcasting, communication to the public or making available to the public 
of a work, a fixed performance, a phonogram or a broadcast. 
 The criminal proceedings for the prosecution of thes e offences are public, initiated ex officio by the 
Public Prosecutor's Office without the need for a formal complaint by a private person or right 
holder or by an interested party. They are subjec t to a period of limitation of six years from the 
time that the offence was last committed.  
 Law on the Protection of Programme-Carrying Satellite Signals (Articles 35 and 37) 
 
Offences and penalties: Whoever, without the prior written consent of the holder of the right in the 
broadcast signal, commits any of the following acts is liable to three to four years' imprisonment:  
- Retransmitting or distributing to the pu blic a programme-carrying signal, whether by 
wireless means or via cable, optical fibre or other similar method; 
 
                                               
52 Ibid., Article 257. IP/N/6/NIC/1/Rev.1 
 
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  - decoding an encoded programme-carrying si gnal, whether transmitted by wire or by 
wireless means; 
 
- fixing and producing a protected broadcast for distribution to the public of copies 
containing the reproduction; 
 
- participating in or contributing to the manufacture, assembly, modification, sale, hire, 
installation, maintenance or otherwise placing in circulation of a device or system 
which can be used for decoding an encoded programme-carrying signal or for enabling or facilitating the reception of an encoded programme. 
 
Provisional measures in criminal proceedings: The competent court is empowered to order and 
enforce the provisional measures provided for in civil proceedings.  
 Law on the Protection of New Plant Varieties (Article 80) 
 
Criminal penalties: Any act leading to the improper use of a breeder's right and any infringement 
knowingly committed constitutes a punishable offence for the purposes of this Law. In this case, the arrangements, procedures and penalties laid down in the relevant legislation will be applicable.   Law on Trademarks and Other Distinctive Signs (Article 103) 
 Proceedings against the offences described: The offences specified in this Law may be prosecuted 
at the initiative of a competent authority or upon the filing of a complaint by an interested party, 
including any entity or organization repres enting a group of producers or consumers. 
 Criminal proceedings are subject to a period of limitation of four years from the time that the 
offence was last committed, whichever is the earlier. 
 22. Which public authorities are responsible for initiating criminal proceedings? Are  
they required to do this on their own init iative and/or in resp onse to complaints? 
 
Competent authorities 
 
Public prosecutors are empowered to initiate criminal action in respect of offences liable to 
ex officio prosecution, without the need for a form al complaint by a private person or right holder 
or by an interested party.53 
 
The Police may initiate criminal proceedings, particularly for the purposes of investigating this type of offence.  
23. Do private persons have standing to init iate criminal proceedings and, if so, who? 
 
Standing 
 Any citizen may initiate criminal proceedings by filing a complaint or by bringing a charge as the victim of the offence.
54 
 
24. Specify, by category of IPR and ty pe of infringement where necessary, the 
penalties and other remedies that may be imposed: 
 
 - Imprisonment; 
 - monetary fines; 
- seizure, forfeiture and destructio n of infringing goods and materials 
and implements for their production; 
 - other.  
 
                                               
53 Article 77 of the Code of Criminal Procedure (CPP). 
54 Ibid., Article 78. IP/N/6/NIC/1/Rev.1 
 
- 15 - 
 
  Trademarks and Other Distinctive Signs:  
 
Unlawful commercial use of trademarks and other distinctive signs is punishable by one to three years' imprisonment, a 300 to 500-day monetary fine and specific disqualification for the same 
period from any duties, profession, function, in dustry or business related to the infringement. 
 Patents:  
 
Fraudulent use of a patent, utility model or indust rial design is punishable by one to two years' 
imprisonment, a 90 to 300-day monetary fine, and specific disqualification for the same period from any duties, profession, function, industry or business related to the offence. 
 
Violation of rights conferred by a patent, utility mo del or industrial design is punishable by one to 
three years' imprisonment, a 300 to 500-day monetary fine, and specific disqualification for the 
same period from any duties, profession, function, industry or business related to 
the infringement.  
New Plant Varieties:  
 
Infringement of a breeder's right is punishab le by one to three years' imprisonment, a 300 
to 500-day monetary fine, and specific disqualification for the same period from any duties, 
profession, function, industry or business related to the infringement. 
 Copyright and Related Rights:  
 
Unauthorized exercise of copyright and related righ ts is punishable by six months to two years' 
imprisonment, a 90 to 150-day fine, and specific disqualification for the same period from any 
duties, profession, function, industry or business related to the infringement. 
 Unlawful reproduction of a work is punishable by one to three years' imprisonment, a 300 to 500-day monetary fine, and specific disqualification for the same period from any duties, 
profession, function, industry or business related to the infringement. 
 The protection of computer programs is punishab le by one to three years' imprisonment, a 300 
to 500-day monetary fine, and specific disqualification for the same period from any duties, 
profession, function, industry or business related to the offence.  
Programme-Carrying Satellite Signals: 
 
Offences in respect of programme-carrying satellite signals are punishable by one to three years' imprisonment, a 300 to 500-day monetary fine, and specific disqualification for the same period 
from any duties, profession, function, industry or business related to the offence. 
 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.  
 
Length and cost 
 Criminal proceedings usually last from six months to a year in the first instance. 
 With respect to lawyers' fees, they are agre ed with the client. Otherwise the Schedule 
of Court Charges applies. In practice, fees vary between US$1,000 and US$5,000 for 
first-instance proceedings.  
In criminal proceedings there are no other expe nses, except for the fees of experts if their 
testimony is required.  
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