RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/277/Add.1
13 September 2001
(01-4295)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Responses from Honduras to the questions posed by
the European Communities and their Member States and the United States
Addendum
By means of a communication from the Permanent Mission of Honduras dated 18 June 2001,
the Secretariat has received the following responses to the questions posed by the European
Communities and their member States and the United States, as circulated in documents IP/C/W/274
and 268, respectively.
_______________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
The Honduran legislation does not currently include any intellectual property measure for
promoting or protecting specific sectors.  However, under Article 3 of the Industrial Property Law, no
protection under a patent, registration or authoriz ation will be granted and no publication in the
Official Journal ( La Gaceta ) ordered in respect of any of the legal interests regulated by this Law, if
the content or form are contrary to ordre public  or morality or contravene any legal provision.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).IP/C/W/277/Add.1
Page 2
The Honduran Law on Copyright and Related Rights complies with the provisions of
Article 9 of the TRIPS Agreement, as well as with those of Article 6 bis of the Berne Convention
(1971).
All original creations in the literary and artistic field are protected, irrespective of their nature
or merit and whatever their method or form of expression, quality or purpose (Article 2). The Law
protects both the original and derived works, so that the following are protected as independent works,
without prejudice to the copyright in the original works:
• Translations, adaptations, musical arrangements and other transformations of a work;
and
• collective works, such as periodicals, anthologies, dictionaries and the like, where the
selection and arrangement constitute an original creation (Article 12).
Copyright in Honduras includes moral and economic rights which confer on the author full
disposal and the exclusive right to exploit the work, without limitations other than those established in
the Law.
The moral rights of an author are entirely personal, inalienable, unrenounceable and
imprescriptible and comprise the following entitlements:
• To claim at any time and in any place the authorship of his work and, in particular,
the mention of his name or pseudonym as the author thereof in all reproductions and
uses of the work;
• to oppose any distortion, mutilation or other modification of the work, where such an
act may harm or harms his honour or reputation, or the work loses literary, academic,
artistic or scientific merit;
• to keep the work unpublished or anonymous and to postpone its publication,
including after his death;
• to make successive changes to his work, subject to the indemnification of third
parties, if they are harmed thereby;  and
• to withdraw his work from circulation or suspend any authorized form of use thereof,
subject to compensation for any prejudice that may be caused to third parties.
Of the rights mentioned, only those that relate to the authorship and integrity of the work pass
to the author’s heirs and, where there are none, to the Administrative Office of Copyright and Related
Rights (Articles 36, 37 and 38).
The economic rights include:
• The right of reproduction by any method and in any form, whether complete or
partial, permanent or temporary;
• the right of translation;
• the right of adaptation, arrangement or transformation;IP/C/W/277/Add.1
Page 3
• the right to broadcast;
• the right of communication to the public (by declamation, presentation or
performance, projection or public showing, transmission by wire, dissemination by
means of loudspeakers, access to databases and any other means, including those
where the public chooses the place and time for accessing the works);
• the right of distribution by means of sale, rental, public lending or any other transfer
of ownership or possession;
• the hiring out of an audiovisual work, a work incorporated in a sound recording, or a
computer program;
• the right of importation;  and
• in the case of works of fine art or original manuscripts of writers or composers, the
right to receive 5 per cent (5%) of the selling price of works sold by public auction orthrough the business of a professional art dealer.
These rights are set out in Articles 39 and 43 of the Law and are subject to no limitations
other than those specified in the Berne Conven tion, without prejudice to Honduras' right, as a
developing country, to make use of the rights provided under Articles II and III of the Annex to the
Convention.
Those economic rights that relate to works whose term of protection can be calculated on the
basis of the physical life of the author are protected for the whole of the author’s life and seventy-five
(75) years following his death (Article 44).
 In the case of those works whose term of protection cannot be calculated on the basis of the
life of the author, the economic rights are protected for seventy-five (75) years from the disclosure or
publication of the work or, failing that, from its making, as specified in Article 12 of the TRIPS
Agreement (Article 45).  An exception is made for photographic works whose term of protection is
fifty (50) years.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
 Under Article 2 of the Law on Copyright and Related Rights, literary or artistic works are all
original creations regardless of their nature and whatever their method or form of expression, quality
or purpose.  The same article gives an illustrative list of protected works, which includes computerprograms.  Computer programs are protected as literary works and databases as compilations insofar
as they constitute an original creation (Article 2).  The rights of the creators of these works are the
same as those mentioned in the response to Question 2 and, more particularly, include the right to hire
out a computer program, irrespective of the owner of  the copy (Article 39). In addition, other specific
provisions concerning the protection of computer programs can be found in Articles 32, 33 and 34 of
the Law on Copyright and Related Rights.
 
 4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
 IP/C/W/277/Add.1
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The economic rights conferred on the author of a work by Honduran law include the right to
authorize or prohibit any form of distribution of the work, including by rental.  In addition, there is a
specific provision that recognizes a rental right for audiovisual works, works incorporated in a sound
recording and computer programs (Article 39).
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation .
Performers
Under Article 113 of the Law on Copyright and Related Rights, performers have the
exclusive right to authorize the following acts:
(a) The broadcasting of their performances;(b) the communication of their performances to the public;(c) the fixation of their unfixed performances;
(d) the reproduction of a fixation of their performances;
(e) the original distribution to the public of a fixation of their performances;(f) the public hiring or loan of a fixation of their performances;  and(g) the making available to the public, by wire or wireless means, of their performances
fixed on a phonogram, so that each individual may have access thereto in a place and
at a time of his own choosing.
Phonogram producers
Under Article 118 of the Law on Copyrigh t and Related Rights, phonogram producers have
the exclusive right to authorize or prohibit the reproduction, be it direct or indirect, communication
and distribution to the public of their phonograms through sale, hiring, importing or any other means,
including making copies of their phonograms available to the public by whatever means so that
members of the public may have access thereto in a place and at a time of their own choosing, or anyother use of their phonograms.
Broadcasting organizations
Under Article 119 of the Law on Copyright an d Related Rights, broadcasting organizations
have the exclusive right to authorize or prohibit:
(a) The fixation of their transmissions;
(b) the reproduction of fixations of their programmes;(c) the retransmission of their programmes;  and(d) the communication to the public of their programmes for television where this occurs
in places accessible to the public, upon payment of an admission fee.IP/C/W/277/Add.1
Page 5
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement .
Performers
The rights conferred upon performers do not apply to:
• The broadcasting of their performances where the broadcast is made from a fixation
of the performance or is a rebroadcast authorized by the broadcasting organization;and
• the communication of their performances to the public where the said communication
is made from a fixation or broadcast of the performance (Article 113).
Phonogram producers
The rights conferred on phonogram producers do not apply to acts relating to phonograms
whose purpose is:
• Private use;  or
• use for teaching or scientific research purposes (Article 121).
Broadcasting organizations
The rights conferred on broadcasting organizations do not apply to the reproduction of
fixations of their programmes where it is a question of:
• Private use (Article 121);
• the use of fragments with a maximum duration of sixty (60) seconds for supplying
information on current affairs (Article 121);
• temporary recordings produced by a broadcasting organization by its own means and
for its own broadcasts (Article 121);  or
• use for exclusively educational or research purposes (Article 119).
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
The term of protection for performers’ rights is seventy-five (75) years from the end of the
year in which the performance took place, with regard to performances not recorded on a phonogram,
or seventy-five (75) years from the end of the year of fixation, with regard to performances recorded
on a phonogram (Article 120 of the Law on Copyright and Related Rights).
The term of protection for the rights conferred on phonogram producers is seventy-five (75)
years from the end of the year of fixation (Artic le 120 of the Law on Copyright and Related Rights).IP/C/W/277/Add.1
Page 6
The term of protection for the rights conferred on broadcasting organizations is seventy-five
(75) years from the end of the year in which the programme was broadcast (Article 120 of the Law on
Copyright and Related Rights).
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Under Article 190 of the Law on Copyright and Related Rights, the provisions of that Law
shall be applied to:
(a) Works created prior to the date of its entry into force, provided that those works are
not yet in the public domain owing to the expiry of the term of protection to which
they  were subject under the previous legislation or the legislation of their country oforigin;
(b) performances that took place or were fixed prior to the date of its entry into force,
provided that those performances are not yet in the public domain owing to the expiry
of the term of protection to which they were subject under the previous legislation orthe legislation of their country of origin;
(c) phonograms that were fixed prior to the date of its entry into force, provided that
those phonograms are not yet in the public domain owing to the expiry of the term of
protection to which they were subject under the previous legislation or the legislationof their country of origin;  and
(d) broadcasts that took place prior to the date of its entry into force, provided that those
broadcasts are not yet in the public domain owing to the expiry of the term of
protection to which they were subject under the previous legislation or the legislationof their country of origin.
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
According to Articles 79(2) and 82 of the Industrial Property Law, a mark is any visible sign
capable of distinguishing the products or services of one enterprise from the products or services of
other enterprises.  Marks may consist of fanciful denominations, names, pseudonyms, commercial
slogans, figures, portraits, letters, numerals, monograms, labels, badges, impressions, emblems,
borders, lines, stripes, or combinations and arrangements of colours.  Marks may also consist of the
shape or presentation of the product or its packaging or wrappings, or of the means or place of retailsale of the corresponding products or services, as well as of national and foreign geographical
indications, provided they are sufficiently arbitrary and distinctive with respect to the products or
services to which they are applied and their use is not liable to create confusion or induce in the mind
of the public erroneous or unjustified expectations with regard to the origin, source, qualities or
characteristics of the products or services for which the marks are used.
 The only requirements for the protection of a sign are:
(a) That it be visible;
(b) that it be capable of distinguishing the products or services to which it is applied;  andIP/C/W/277/Add.1
Page 7
(c) that it be registered in the country, except in the case of well-known marks.
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
 In accordance with the definition of a mark in Article 79(2) of the Industrial Property Law,
trademark protection is granted for the purpose of identifying both products and services.  Names,
denominations and signs that identify or distinguish an enterprise or establishment are also protected
under the provisions on trade names, emblems and labels (Articles 79(4), (5) and (6), 118, 119, 120
and 122 of the Industrial Property Law).
 
 Perfumes and sounds as such are not protectable as marks, since under the Law in order to be
registrable for identifying products or services signs must be visible (Article 79(2) of the Law).
 
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
 Under the Honduran legislation, it is not necessary to prove prior use of a mark in order to
apply for and obtain registration.  However, the registration of a mark may be opposed on the basis of
prior use of the sign, provided that an application to register the used mark is made at the time the
objection is raised (Article 90 of the Industrial Property Law).
 The non-use of a mark gives grounds for cancellation, at the request of an interested party.  In
this case, the mark must not have been used for an uninterrupted period of three (3) years prior to theinitiation of the cancellation proceeding (Article 106 of the Industrial Property Law).
For these purposes, it is understood that a mark is in use when the products or services it
distinguishes have been placed in circulation or are available on the market under that mark, in the
normal way and in the normal amount, with due account for the size of the domestic market, the
nature of the products or services concerned and local marketing practices (Article 81 of the IndustrialProperty Law).
The registration of a mark will not be cancelled if the non-use is due to circumstances arising
independently of the will of the trademark owner which he has not been able to avoid or prevent. Lack
of economic or technical resources for carrying out an industrial or commercial activity and lack of
demand for the product or service distinguished by the mark are not regarded as sufficient justification
(Article 107.1 of the Industrial Property Law).
If the non-use relates only to one or a few of the products or services for which the mark was
registered, the registration will be cancelled only in respect of the products or services for which the
mark has not been used.  This will be reflected in a shortening of the list of products or services
covered by the mark (Article 107.2 of the Industrial Property Law).
Use of the mark by a licensee or other authorized person shall be regarded as use by the
registration holder, for all purposes relating to tr ademark use (Article 107.3 of the Industrial Property
Law).
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable .IP/C/W/277/Add.1
Page 8
 Under Articles 92 and 93 of the Industrial Property Law, the initial term of protection for a
registered mark is ten (10) years from the date of granting of the registration, and registration may be
renewed indefinitely for successive periods of ten years each, provided that renewal is requested and
the corresponding maintenance fee is paid.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
A trademark is understood to be in use when the products or services it distinguishes have
been placed in circulation or are available on the market under that mark, in the normal way and in the
normal amount, with due account for the size of the domestic market, the nature of the products or
services concerned and local marketing practices (Article 81 of the Industrial Property Law).
Use of the mark by a licensee or other authorized person shall be regarded as use by the
registration holder, for all purposes relating to tr ademark use (Article 107 of the Industrial Property
Law).
Use of a mark in a form which differs from that in which it was registered solely with respect
to details or features that do not affect its distinctiveness as a mark does not constitute grounds for
cancellation of the registration or lessen the prot ection afforded by the mark (Article 107 of the
Industrial Property Law).
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if  it contains a geographical indication.
The Honduran Industrial Property Law (Article 123)  prohibits the commercial use, in relation
to a product or service, of geographical indications that are false or misleading with respect to the
origin of the product or service or whose use might create confusion in the mind of the public with
respect to the origin, source, quality or any other characteristic of the product or service.
The Law also prohibits the registration of marks which:
• are liable to mislead business circles or the public as to the origin, nature, method of
manufacture, qualities, suitability for use or consumption, quantity or any othercharacteristic of the products or services concerned (Article 83.9);  or
• consist of a geographical indication that is insufficiently arbitrary or distinctive with
respect to the products or services to which it is applied (Articles 82 and 83.11).
15. Please give the definition of a geographical indication in your legislation.
The Honduran Industrial Property Law defines a geographical indication as a name,
denomination, expression, image or sign which indicates, directly or indirectly, that a product or
service originates in a particular country, group of countries, region, locality or place (Article 79.8)
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.IP/C/W/277/Add.1
Page 9
 Under Honduran law, all geographical indications refer to the origin of a product. Where, in
addition, a geographical indication refers to characteristics of the product attributable to its
geographical origin, including human and natural factors, it is called an appellation of origin
(Article 79(8) and (9) of the Industrial Property Law).
 The Honduran legislation regulates the protection of national appellations of origin and,
where foreign ones are concerned, refers to the corresponding provisions of the treaties concluded by
Honduras.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
 Article 23.2 of the TRIPS Agreement requires Members to refuse or invalidate the
registration of a trademark which contains a geographical indication identifying wines or spirits,
essentially on the basis of the quality of the products attributable to their geographical origin andnatural factors present in the region in which th ey are produced.  Under the Honduran legislation,
foreign appellations of origin are protected in accordance with the corresponding provisions of the
treaties concluded by Honduras, which include the TRIPS Agreement.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
Under Article 127(3) of the Honduran Industrial Property Law, an appellation of origin
cannot be registered if it is no more than the common or generic name of a product.  For these
purposes, an appellation is deemed to be common or generic if it is considered to be such both by
those with expert knowledge of the type of products to which it is applied and by the general public.
E. I
NDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Under Article 29.3 of the Industrial Property Law, an industrial design cannot be registered if
its appearance is entirely dictated by considerations of a technical nature or by the performance of a
technical function and it fails to incorporate any arbitrary contribution by the designer.  There is no
special or additional provision concerning the protection of textile designs.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Under Article 31 of the Industrial Property Law, industrial design protection confers on the
holder the right to proceed against anyone who, without his authorization, manufactures, sells, offers
for sale or uses, or imports or stocks for any of these purposes, a product that reproduces or
incorporates the protected industrial design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Under Article 64 of the Industrial Property Law, the provisions relating to patents are
applicable, where appropriate, to industrial designs. In respect of patents, the same legislation allows
for the granting of compulsory licences in cases of non-use, public interest, national emergency,IP/C/W/277/Add.1
Page 10
nutrition, public health and national security or, where the licence relates to semi-conductor
technology, for public non-commercial use for the benefit of a public authority, or another party
acting on its behalf, or to remedy a practice determined to be anti-competitive (Articles 65, 67.2 and
70 of the Industrial Property Law).
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Under Article 33 of the Industrial Property Law, an industrial design registration is valid for
five (5) years from the date of filing of the application with the Honduran registration office.
Registration may be extended for two additional periods of five (5) years each.
F. P ATENTS
23. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
Under the Honduran legislation, an invention is considered new when it is not present in the
state of the art.  The state of the art consists of everything that has been disclosed or made available tothe public, anywhere in the world, prior to the date of filing of the patent application in Honduras or
prior to the date of filing of the foreign application whose priority is claimed, as appropriate.  The
state of the art is also considered to include the contents of a pending patent application filed prior to
the application under examination, but only insofar as those contents are included in the earlier
application when published.
For the purposes of determining the state of the art, no account will be taken of any disclosure
made during the year preceding the filing of the application in Honduras or, where appropriate, during
the year preceding the filing of the application fo r which priority is claimed, provided that such
disclosure was the result of the actions of the applicant or his assignee, or of a betrayal of trust, breach
of contract or unlawful act directed against either of them (Article 9 of the Industrial Property Law).
An invention is considered to involve an inve ntive step if, for a person well-versed in the
field, it is neither obvious nor obviously derived from the state of the art (Article 10 of the Industrial
Property Law).
An invention is regarded as capable of industrial application if it can be produced or used in
some type of industry, industry being understood in the broadest sense and including, among otherthings, crafts, agriculture, mining, fisheries and services (Article 8 of the Industrial Property Law).
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
The rights for which Honduran patent law provides are enjoyable without any kind of
discrimination as to the place of invention, the field of technology or whether the products are
imported or locally produced.  The only exceptions are those stated in Article 7 of the Industrial
Property Law, where it is indicated that the following are not patentable:
(a) Essentially biological processes for the production or reproduction of plants, animals
or varieties thereof, including genetic processes and those relating to material capable
of self-duplication, either direct or indirect, when such processes consist in selecting
or isolating available biological material and letting it act under natural conditions;IP/C/W/277/Add.1
Page 11
(b) plant varieties and species and animal breeds and species;  and
(c) diagnostic, therapeutic and surgical methods (Article 5(9) of the Industrial Property
Law).
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Honduran law does not provide for the exclusion of inventions from patentability on the basis
of ordre public  or morality, which does not mean that the marketing of such inventions cannot be
prevented.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Diagnostic, therapeutic and surgical methods are excluded from patentability (Article 5(9) of
the Industrial Property Law).
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation .
Under the Industrial Property Law, the following are not patentable:
• Essentially biological processes for the production or reproduction of plants, animals
or varieties thereof, including genetic processes and those relating to material capableof self-duplication, either direct or indirect, when such processes consist in selecting
or isolating available biological material and letting it act under natural conditions
(Article 7(1);  and
• plant varieties and species and animal breeds and species (Article 7(2)).
In the case of plant varieties, a bill intended to adapt the law to the provisions of the UPOV
Convention (1991 Act) is currently before the Sovereign National Congress.  The preliminary draft
text of the Law for the Protection of New Varieties of Plants is annexed hereto.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation .
As they are not excluded from patentability, micro-organisms, non-essentially biological
processes and microbiological processes can be patented, provided that they are new, involve an
inventive step and are industrially applicable.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention .
Under Article 17 of the Industrial Property Law, a patent confers on its owner the right to
exclude third parties from working the patented invention.  Thus, if the patent has been granted for a
product, the owner is entitled to proceed ag ainst anyone who, without his authorization:IP/C/W/277/Add.1
Page 12
(a) Makes the patented product;
(b) offers for sale, sells or uses the patented product;  or(c) imports or stocks the patented product with a view to using it, selling it or offering it
for sale.
If the patent has been granted for a process, the owner is entitled to proceed against anyone
who, without his authorization:
(a) Uses the patented process;(b) makes a product directly obtained by the patented process;(c) offers for sale, sells or uses a product obtained by the patented process;  or(d) imports or stocks a product obtained by the patented process with a view to using it,
selling it or offering it for sale.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
The Honduran Industrial Property Law does not exclude from patentability pharmaceutical or
agricultural chemical products, provided that they are new, involve an inventive step and areindustrially applicable.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Yes.  Under Article 17 of the Industrial Property Law, the rights of the owner of a patent
granted for a process include the right to proceed against anyone who, without his authorization:
• Makes a product directly obtained by the patented process;
• offers for sale, sells or uses a product obtained by the patented process; or
• imports or stocks a product obtained by the patented process with a view to using it,
selling it or offering it for sale.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out the relevant legislations and describe the additional
conditions in detail.
Under the Industrial Property Law, the information accompanying the patent application must
include a description of the invention which discloses the invention clearly and completely enough for
it to be evaluated by someone skilled in the art (Articles 46 and 50).
The description of the invention must contain the name of the invention and the following
information:
• The technological sector to which the invention relates or in which it is to be applied;IP/C/W/277/Add.1
Page 13
• any prior technology known to the applicant that might facilitate the understanding and
examination of the invention;
• references to previous documents and publications relating to the state of the art;
• a description of the invention in terms such that the technical problem and the solution
offered by the invention may be understood;
• the advantages of the invention over the previous technology;
• a description of the accompanying drawings;
• a description of the best method of practical implementation of the invention known to
the applicant, with examples and references to the drawings;  and
• an explanation of how the invention is capable of industrial application and how it can
be produced and used.
Where the invention relates to biological material and cannot be implemented, as described, by
a person skilled in the art, and the material is not available to the public, the description of the
invention must be accompanied by a deposit of the material in question.  In this case the application
must indicate the name and address of the depositary institution, the date of deposit and the serialnumber assigned to the deposit by the institution.
The deposit of material will be valid for patent granting purposes only if it is made in such a
way as to enable any interested party to obtain samples of the material from the date of publication of
the patent application, at the latest.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Under Articles 18 and 19 of the Industrial Property Law, the rights granted to the patent owner
may only be asserted against acts performed by third parties for industrial or commercial purposes.
These rights may not be asserted against:
• Acts performed exclusively in a private environment and for non-commercial
purposes;
• acts performed for experimental, scientific research or teaching purposes relating to
the subject-matter of the patented invention; and
• the acts referred to in Article 5 of the Paris Convention for the Protection of Industrial
Property.
Nor may the rights of the patent owner be asserted in respect of patented products or products
obtained by a patented process once those products have been lawfully introduced into national orinternational trade by the patent owner or his licensees.
34. Please explain whether or not your legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.IP/C/W/277/Add.1
Page 14
Under the Honduran legislation, the use of a pa tent, without the consent of the owner, may be
authorized for reasons of public interest, national emergency, national security, nutrition or public
health.  Such use may also be authorized where the patent has not been worked on the national
territory for four years following the filing of the application or for three years following the granting
of the patent, whichever period expires later (Articles 66 and 70 of the Industrial Property Law).
Article 31 of the TRIPS Agreement lays down a series of conditions which must be satisfied
whenever a compulsory licence is issued.  In compliance with these provisions, the Honduran
Industrial Property Law stipulates that:
(a) A person applying for a compulsory licence must show that he (1) has previously
sought to obtain a contractual licence from the patent owner; and (2) has been unable
to obtain such a licence on reasonable conditions and within a reasonable period of
time (Article 67, first paragraph);
(b) where a licence is requested for a patent claiming any form of semi-conductor
technology, it will be issued solely for public non-commercial use for the benefit of a
public authority or someone acting on the latter’s behalf, or to remedy a practice
determined to be anti-competitive (Article 67, second paragraph);
(c) compulsory licences are granted predominantly for the supply of the domestic market
(Article 67(1));
(d) when a compulsory licence is issued, the amount and form of the payment to be made
by the licensee is determined on the basis of the extent of exploitation of the licensedinvention and the economic value of the licence (Article 67(2));
(e) a compulsory licence may be revoked, at the request of an interested party, where the
circumstances that led to its being issued cease to exist (Article 68, first paragraph);
(f) a compulsory licence granted for failure to work the invention may not be exclusive,
nor may it be transferred or sub-licensed, and it may not be assigned except with the
enterprise or establishment, or with such part of the enterprise or establishment, in
which the invention is being industrially exploited (Article 68, second paragraph);
(g) as regards licences for second patents, the following additional conditions apply:
(i) Such a licence will only be granted if the invention claimed in the second
patent involves a technical advance of considerable economic significance in
relation to the invention protected by the first patent;
(ii) a compulsory licence may be granted for the second patent, at the request of
the owner of the first patent;  and
(iii) such a licence may not be assigned, transferred or sub-licensed without the
simultaneous assignment, transfer or sublicensing of the second patent
(Article 69).
(h) With respect to any of the above cases, appeals may be lodged with the Ministry of
Industry and Commerce against decisions of the Registry and the Ministry’s rulings
will be subject to judicial review, in accordance with the provisions of Article 149 of
the Industrial Property Law and Articles 137 to 140 of the Law on AdministrativeProcedure.IP/C/W/277/Add.1
Page 15
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ised predominantly for
the supply to the domestic market of the Member authorizing such use.
Article 67 of the Industrial Property Law stipulates only that anyone requesting a compulsory
licence must show that he has previously sought to obtain a contractual licence from the patent owner
and, moreover, that he has been unable to obtain one on reasonable commercial terms and conditions.
Among the conditions applicable to compulsory licences, in Article 67(1) of the Law it is
stipulated that licences are granted predominantly for the supply of the domestic market.  Acompulsory licence may be revoked by the Intellectual Property Registry if the circumstances that led
to its being granted have ceased to exist and are unlikely to recur and, moreover, may be modified, at
the request of one of the parties, if justified by new facts or circumstances, particularly where the
patent owner has granted contractual licences on term s more favourable than those accorded to the
beneficiary of the compulsory licence.
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
Under Honduran law, patents are granted for a term of twenty (20) years from the filing of the
application.   This period cannot be extended (Article 15 of the Industrial Property Law).
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
The Honduran Industrial Property Law was published on 29 January 2000 and entered into
force 20 days later.  The previous law was promulgated in 1993 and envisaged the patentability of allinventions, whatever the field of technology, except in the cases mentioned in Articles 5(9) and 7 of
the law in force and biological material that exists in nature and its replicates.   The term of protection
provided was 20 years.   Accordingly, the Honduran law does not contain any provisions relating to
Articles 70.2 and 70.8(b) of the TRIPS Agreement.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
According to Article 162 of the Industrial Property Law, where a patent protects a process for
obtaining a new product and the product is produced by a third party, in the absence of proof to the
contrary, the product is assumed to have been obtained by the patented process.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Honduras has not yet adopted any specific provisions to regulate the protection of
topographies, but protection is granted for a term of ten years from the date of first commercial
exploitation of the design, as required by Article 38.2 of the TRIPS Agreement, which forms part of
the Honduran legislation, having been approved and ratified as an Annex to the Marrakesh Agreement
Establishing the World Trade Organization (WTO).IP/C/W/277/Add.1
Page 16
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
 In accordance with Article 36 of the TRIPS Agreement, the holder of the rights in a
topography may oppose the importation, sale or commercial distribution of the protected layout-
design, an integrated circuit in which the protected layout-design is incorporated, or an article
incorporating the integrated circuit.  This provision can be applied directly, even though there is no
corresponding specific legislation.   This means that the right holder can request the application of the
measures he considers necessary to protect his rights, including the precautionary measures for which
the Industrial Property Law provides.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
 Article 37 of the TRIPS Agreement allows Members not to consider unlawful the
importation, sale or commercial distribution of a protected layout-design, whether incorporated in anintegrated circuit or in an article incorporating su ch an integrated circuit, if the person performing
such acts did not know and had no reasonable ground to know, when acquiring the integrated circuit
or article incorporating such circuit, that he was acquiring an unlawfully reproduced layout-design.
This means that such acts do not constitute infringements, as long as the person has not been notified
that the layout-design imported or offered for sale was unlawfully reproduced.
 Under Article 37, Members may provide that, after a person has been notified of the
unlawfulness of the layout-design, that person may pe rform any of the acts with respect to the stock
on hand or ordered before such notification (use it up, for example), but shall be liable to pay the right
holder a sum equivalent to the royalty payable under a contractual licence.  Members are required to
incorporate this provision in their specific legislation, but there is nothing to prevent the right holderand an innocent infringer from arriving at an agreement in this respect.
42. Please state the term of protection granted by your legislation to topographies.
See the response to question 39.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
Under Article 74 of the Industrial Property Law, trade secrets are protected indefinitely if the
constituent information is not, as a body or in the precise configuration and assembly of its
components, generally known among or readily accessible to persons within the circles that normally
deal with such information and, moreover, has been subject to reasonable steps by the lawful holder to
keep it secret.
 If the information relates to secret data or th e like submitted to the authority responsible for
approving the marketing of pharmaceutical or agri cultural chemical products that contain a new
chemical component, such information will be pr otected against unfair commercial use by third
parties (Article 77) and, moreover, against disclosure, except where disclosure is necessary to protectIP/C/W/277/Add.1
Page 17
the public or where appropriate steps have been taken to ensure that the secret data or information will
not be the subject of unfair commercial use by third parties (Article 78).
44. Please explain how your legislation defines undisclosed information.
The Industrial Property Law does not define undisclosed information.  However, under
Article 73 of the Industrial Property Law, any undisclosed information within a person’s control thatcan be used for a productive, industrial or commercial activity and is capable of being transmitted to a
third party is considered to be a trade secret.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Although there is no definition of this kind of information as such, Article 77 of the Industrial
Property Law refers to it as any secret data or information that may be required in a proceeding before
a national authority competent to issue licences or permits or approve the marketing of apharmaceutical or agricultural chemical product that contains a new chemical component.
I.
ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
To ensure the enforcement of intellectual property rights, both the Industrial Property Law
and the Law on Copyright and Related Rights allow the right holder to bring an administrative, civil
or criminal action to protect his rights against infringement, or to prevent or halt an infringement and
avoid its consequences.
Civil proceedings follow the trial procedure laid down in the Code of Civil Procedure
(Articles 160 of the Industrial Property Law and 173 of the Law on Copyright and Related Rights),
without prejudice to the right of the parties to bring a corresponding action under the administrative
procedure.  In criminal cases, it is for the Public Prosecutor to prosecute the infringer, provided that
the holder or licensee of the infringed rights initiates the prosecution by filing a complaint for
violation directly with the Prosecutor's Office or with the competent courts (Article 152.1, 2 and 3 ofthe Code of Criminal Procedure).
Honduran legislation further provides for the possibility of requesting, even prior to  any of
the above actions, precautionary measures or orders to protect intellectual property rights, to prevent
infringement, or to obtain and preserve evidence (Articles 163 and 165 of the Industrial Property Law
and Articles 174 and 178 of the Law on Copyright and Related Rights).  Border measures suspending
the importation or exportation of goods that injure or infringe the rights of the holder of an industrialproperty right or copyright or related rights may also be ordered (Articles 165(4) of the Industrial
Property Law and 174 of the Law on Copyright and Related Rights).
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies against final administrative decisions.
Under Article 149 of the Industrial Property Law, all final decisions of the Directorate
General for Intellectual Property, including those imposing administrative sanctions under Articles
167 and 168 of the Law, are subject to applications for reconsideration by the head of the Directorate
and appeals to the Ministry of Industry and Trade, all in accordance with the provisions of the Law on
Administrative Procedure. Similar remedies ar e available in administrative proceedings for
infringements of rights recognized by the Law on Copyright and Related Rights.IP/C/W/277/Add.1
Page 18
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Neither the Industrial Property Law nor the Law on Copyright and Related Rights contains
any special provisions regarding the power of the j udicial authorities to order one of the parties to
proceedings to produce evidence in its possession.  However, this is covered by other provisions
residually applicable to intellectual property such as those of the Law on Administrative Procedure
and the Code of Civil Procedure, which, however, are limited to documentary evidence.
Basically, if one of the parties to the proceedings needs to make use of a document which it
claims to be under the control of its opponent, it must submit a copy thereof or, at least, such
information as it possesses concerning its contents and, moreover, show that its opponent holds or hasheld the document in question.  In this case the court will order that the other party be required to
hand over the document within the time-limit fixed by the court itself;  if it fails to do so and produces
no counter-information, the court will decide to c onsider the text of the document supplied by the
requesting party to be accurate or declare that the data provided concerning its contents will be
considered accurate in the judgement.
If the evidence concerning the existence of a document lying in the control of the opposing
party is conflicting, the court will reserve the aforesaid decision for the final judgement, on which
occasion it may draw from the statements of the parties and the evidence submitted the conclusions it
thinks fit.
As regards the requirement that measures guaranteeing the protection of confidential
information must be taken in all cases where ev idence is produced, Honduran legislation contains
various provisions obliging the judicial authorities and administration officials to abide by this
requirement in respect of information supplied under a guarantee of confidentiality, as an exception tothe general rule of public disclosure of administrative acts (Articles 111 and 222.3 of the Courts
(Organization and Competence) Law.
Likewise, although Article 174 of  the Code of Criminal Procedure and Articles 155 and 156
of the Code of Civil Procedure enunciate the principl e that acts and proceedings of the courts of the
Republic are public, they admit as exceptions to that principle cases in which, by legal order or on
grounds of public morality or security, such acts and proceedings must be kept confidential.  Thus, theaforementioned Articles empower the courts to declare, in very special cases and under their strict
responsibility, acts or proceedings confidential.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement .
Pursuant to Articles 163 and 165 of the I ndustrial Property Law and Articles 173 and 174 of
the Law on Copyright and Related Rights, the authorities may order, depending on the case and
bearing in mind the need for proportionality in terms of the seriousness of the infringement, whatever
measures are required to ensure the cessation of the infringing acts and to prevent the consequences
and avoid a repetition thereof, including the pr ohibition of importation and exportation of goods or
materials and their disposal outside the channels of commerce.  According to express provisions of
both laws, in civil and criminal proceedings the courts may also order, as a precautionary measure, the
immediate cessation of the use, application and marketing of the infringing goods, or the measures
necessary to avoid the continuation or repetition of the infringement (Articles 270 of the Code of Civil
Procedure and 55 of the Criminal Code).IP/C/W/277/Add.1
Page 19
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Articles 1351, 1357, 1360, 2236 and 2237 of the Civil Code and 191 of the Code of Civil
Procedure establish the general principle or rule that anyone causing harm or prejudice to another,
whether intentionally or through neglect or carelessness, is required to make good the act, exceptwhere it can be demonstrated that the harm or prejudice was the result of inexcusable negligence or
fault on the part of the victim.  It is also stipulated that, in the event of the award of damages, the
ruling shall specify the exact amount.  If this is not possible, the ruling shall establish at least the basis
for determining the assessment of the points at issue or for the fixing of the amount by experts.
Article 163(2) of the Industrial Property Law establishes that, in the case of infringement of
rights recognized under the Law, the competent au thority may be requested to order the award of
damages.  A similar rule is laid down in Article 175 of the Law on Copyright and Related Rights.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
As to the matter of attorneys' fees, Articles 9 of the Code of Civil Procedure and 263 of the
Courts (Organization and Competence) Law sets out the general rule that each party to proceedings
shall be directly liable for costs in respect of actions it takes or requests.  On the other hand, the rule
also establishes that, in the event of an order to pa y costs, the losing party shall compensate the other
for all the necessary expenses it has caused.  Articles 192, 242, 243 and 244 of the Code of Civil
Procedure specify the general obligation upon the court, in its final ruling, to order the losing party to
reimburse the other for the costs that the latter has incurred.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
The withdrawal of infringing goods from the channels of commerce may be ordered as a
definitive measure (in the judgment that closes the proceedings) or as a precautionary measure, as
provided for in Articles 163 and 165 of the Industrial Property Law and Articles 174 and 178 of the
Law on Copyright and Related Rights.  In conformity  with the above provisions, the goods resulting
from the infringement and the means or implements  used to commit the infringement may also be
destroyed.  Likewise, Article 169 of the Industrial Property Law provides for goods displaying
unlawful distinctive signs, advertising materials and materials or implements used specifically to
commit the infringement to be seized and held by the competent authority pending the outcome of theproceedings.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Under Articles 294 to 298 of the Code of Civil Procedure and Articles 120 to 136 of the
Courts (Organization and Competence) Law, whoever obtains enforcement of a precautionary
measure or order shall be liable for any damages and prejudice caused to the party against whom the
measure has been taken and for any resulting costs, if the application is not filed within the prescribed
time-limit, if the precautionary measure is revoked, or if the application is declared inadmissible.
To guarantee that this liability is met, where a precautionary measure or order is requested
and prior to its application the court may require the posting of security or other assurance sufficient
to prevent abuse and protect both the party against whom the measure has been taken and the
authorities themselves against such damages and prejudice as might ensue.IP/C/W/277/Add.1
Page 20
The authorities that have ordered such a measure shall be exempt from all liability unless they
have acted in bad faith, in which case those responsible may be subject to penalties such as
imprisonment, suspension and the payment of damages.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Pursuant to Article 165 of the Industrial Property Law, the courts may be requested to adopt
such immediate precautionary measures as are necessary to prevent or halt infringement of a protected
right, to avoid its consequences, to obtain or preser ve evidence, and to ensure the effectiveness of the
action brought and any award of damages.  Such measures may be requested prior to, following or
concurrently with the initiation of proceedings.  Where ordered before the initiation of proceedings,
the measures may be implemented inaudita altera parte .
Without prejudice to other measures applicable under the terms of the Code of Criminal
Procedure, the court may order:
• The immediate cessation of the infringing acts;
• the preventive seizure, withholding or deposit of the infringing goods and the means
used predominantly to commit the infringement;
• the posting by the alleged infringer of security or other assurance to cover any award
of damages;  and
• the suspension of importation or exportation of the goods or means predominantly
used to commit the infringement.
Likewise, goods displaying unlawful distinctive signs, advertising materials referring to such
signs and materials and implements used to comm it the infringement shall be detained or seized
pending the outcome of the proceedings, as stipul ated in Article 169 of the Industrial Property Law.
As regards copyright and related rights, Article 174 of the relevant Law establishes that the
holder of the corresponding rights may ask the judicial authorities, as a precautionary measure, to
seize:
• Any work, publication or copies fraudulently reproduced;
• the proceeds obtained through the disposal or hiring of such works, publications or
copies;
• the proceeds from theatrical, cinematographic or orchestral performances, or any
other similar work;  and
• copies of works or of sound recordings which may be reasonably assumed to have
been produced or imported without the authorization of the right holder, together with
the packaging of those copies, such means as may have been used to produce them,and the business documents, reports or papers relating to the said copies, as well as
the deposit of income resulting from such activities.
Likewise, an order may be issued to suspend th e free circulation of goods that may reasonably
be assumed to be unlawful, in which case the provisions of the Customs Code apply.IP/C/W/277/Add.1
Page 21
Pursuant to the Law on Copyright and Related Rights, the judicial authorities may further be
requested to prohibit or suspend the public showing or performance of a work or phonogram that has
been produced without due authorization by the right holder (Article 176), and to suspend a theatrical
performance or the performance of instrumental or vocal music broadcast without the author's consent
(Article 180).
The person requesting any of these measure must have instituted the relevant legal
proceedings and provided sufficient guarantees to insure against such harm as he may cause the
defendant (Article 177).
The competent court must immediately decree the precautionary measures requested, in
accordance with the provisions of the Code of Civil Procedure (Article 178).
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
Under Articles 160 and 165 of the Industrial Property Law and 173 of the Law on Copyright
and Related Rights, measures of this kind may be requested in the civil courts.  At the same time,under the customs legislation, any goods or products that infringe an intellectual property right may
be seized at the border by the country’s customs authorities.
The customs procedure may be initiated ex officio or at the request of a party, if it is apparent
that the goods infringe an intellectual property right or if the aggrieved right holder has sufficientevidence to file a complaint on the me rits with the relevant authorities.
In both instances the customs authorities will order the border measures at the time of
clearance, suspending the release and admission of the goods or the export process for a period of 10
working days.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
In accordance with the above-mentioned provisions, The holder of a protected intellectual
property right may request the suspension, as a provisional measure, of the release and admission of
goods or of the export process, provided that he:
(a) Proves he is the holder of the right allegedly infringed;
(b) posts security sufficient to cover such damage and prejudice as might be caused to the
party against which the measure is enforced;
(c) provides all the information required to identify the allegedly infringing goods;
(d) identifies the importer or exporter;(e) describes the unlawful goods which, it is presumed, are due to be imported or
exported;
(f) identifies the customs office through which the goods are to enter, indicating the 
likely date of entry or exit of the goods and the means of transport used;  andIP/C/W/277/Add.1
Page 22
(g) any other information that the customs authorities deem necessary.
When the customs authorities have taken the ne cessary action, they will inform the interested
parties, within one working day at most, of the detention of the goods and will make the latter
available in a warehouse designated for the purpose. In so doing, the authorities will draw up anofficial report that includes the following:
(a) Name and rank of the official in charge of the procedure;(b) description, nature and other characteristics of the goods;(c) decision and grounds for ordering the suspension of the free circulation of goods of 
foreign origin;
(d) notification of the above to the party concerned;  and(e) place where the goods are to be deposited and held at the disposal of the competent
authority.
The person subject to the above measure must respond within a period of 10 working days
from the date of the notification of suspension, during which he may submit appropriate evidence,
pleas and grounds for defence in relation to the complaint against him and may post an indemnitybond sufficient to cover any damage or injury that might be caused by the lifting of the measure.
The competent authority will give a final ruling on the border measures proceedings and place
the security, guarantee or indemnity bond at the disposal of the party in whose favour it has ruled.
The length and cost of proceedings will depend on the complexity of the case.  The person subject tosuspension of the release of the goods into free circulation may provide an indemnity bond to have the
measure lifted.  Otherwise, it will be lifted in the final ruling of the authority that determines the fate
of the goods.
In all matters pertaining to border measures, the applicable provisions are Articles 1, 2, 3 and
57 of the Customs Law.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
The withdrawal of infringing goods from the channels of commerce may be ordered as a
definitive measure (in the judgment that closes the proceedings) or as a precautionary measure, as
provided for in Articles 163 and 165 of the Industrial Property Law and Articles 174 and 178 of the
Law on Copyright and Related Rights.  In conformity  with the above provisions, the goods resulting
from the infringement and the means or implements  used to commit the infringement may also be
destroyed.
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
Border measures may not be applied to goods in transit or goods of a non-commercial nature
imported as part of travelers’ personal effects.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/277/Add.1
Page 23
In criminal cases it is for the Office of the At torney General to institute criminal proceedings
against those responsible for the infringement, prov ided that the holder or licensee of the infringed
rights has initiated the prosecution by filing a complaint for violation (Articles 16 and 152.1, 2 and 3
of the Code of Criminal Procedure).
The courts competent to try criminal cases of infringement of an intellectual property right are
those that have jurisdiction in the place where the infringement was committed (Article 38 of the
Code of Criminal Procedure).
As regards criminal procedure, please refer to the responses to questions 22, 23, 24 and 25 of
the Checklist of Issues on Enforcement submitted by  Honduras to the Secretariat of the World Trade
Organization (WTO) (document IP/N/6/HND/1).
Infringements of any of the intellectual property rights recognized under the relevant laws are
subject to such criminal procedures and penalties as are prescribed under the classification of
infringing conduct set out in Articles 284 to 253 of the Criminal Code.
The aforementioned Articles of the Criminal Code stipulate a term of imprisonment of three
to six years for anyone found guilty of serious infringement of an intellectual property right and a
fine, to be determined by the court, ranging in amount from 50,000 to 100,000 lempiras, without
prejudice to any fines or administrative penalties imposed by other authorities.
Article 299.3 of the Criminal Code specifies, moreover, that anyone found guilty of an act
classified as unfair competition under the provisions of the Commercial Code, other special laws or
international agreements shall be punishable by th ree (3) to five (5) years’ imprisonment and a fine
ranging from 50,000 to 100,000 lempiras.
In addition to the penalties described above, in criminal intellectual property proceedings the
provisions already mentioned in Honduras' response to question 24 of the Checklist of Issues on
Enforcement may be applied.  Without distinction as  to the protected right, these provisions specify
the possibility of ordering the seizure, forfeiture or destruction of infringing goods and of any
materials and implements used predominantly to commit the infringement.
UNITED STATES
A. G ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
Honduras provides adequate and effective protection for intellectual property rights through
the special domestic legislation in force (the Law on Copyright and Related Rights and the Industrial
Property Law) and the international agreements that form part of its domestic legislation underArticle 16 of the Constitution of the Republic (Ber ne Convention for the Protection of Literary and
Artistic Works, Paris Convention for the Protection of  Industrial Property, International Convention
for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and the
Agreement on Trade-Related Aspects of Intellectual Property Rights or TRIPS Agreement of the
World Trade Organization).IP/C/W/277/Add.1
Page 24
Article 4, second paragraph, of the Law on Copyri ght and Related Rights stipulates that the
rights of foreigners not resident in Honduras and whose works have been published for the first time
outside the country shall be protected by this Law in accordance with the international agreements to
which Honduras is party, and that where no such agreement exists, the principle of reciprocity shall
apply.  As mentioned in the preceding paragraph, Honduras is party to the Berne Convention and theTRIPS Agreement; both instruments require Members to accord to foreigners treatment no less
favourable than that they accord to their own nationals, subject to the exceptions provided in the
Berne Convention.  Consequently, under the second paragraph of Article 4, Honduras accords
national treatment to all nationals of countries that are members of the Berne Convention and the
World Trade Organization.  Of the exceptions provided for in the Berne Convention, Honduras
applies only the following:
(a) In the case of works by foreign authors, published for the first time abroad, the term
of protection shall not exceed that recognized by the law of the country in which the
work was published, if the latter is less than that specified by Honduran law.   If the
term specified in the law of the country in which the work was published for the first
time is greater than that laid down by Honduran law, the work will be protected forthe period specified in the latter.  This provision can be found in Article 44 of the
Law on Copyright and Related Rights and is co nsistent with Article 7(8) of the Berne
Convention;
(b) in the case of works of fine art or original manuscripts of writers or composers sold
by public auction or through the business of a professional art dealer, the right toreceive five per cent (5%) of the selling price, for which Article 43 of the Law on
Copyright and Related Rights provides, is only accorded to foreign authors if they
enjoy the same right under the legislation of their country of origin. This provision is
not contained in the specific legislation but can be applied under the second
paragraph of Article 14 ter of the Berne Convention;
(c) with respect to foreign phonograms, the right in secondary use of phonograms is
accorded only to nationals of countries that provide the same protection for Honduran
right holders.  The term of protection provided for foreign phonograms may also be
restricted to the period for which they are protected in their country of origin, if the
term is less than that provided by Honduran law.  In any event, phonograms are
protected for at least 50 years after fixation, in accordance with Article 14.5 of the
TRIPS Agreement.
Similarly, Article 8 of the Law on Copyright and Related Rights stipulates, in relation to the
rights of performers, phonogram producers and broadcasting organizations, that protection shall be
granted for performances, phonograms and broadcasts, the holders of rights in which are foreigners
not resident in the country, in accordance with the international agreements to which the Republic of
Honduras is party and that, where no such agreement exists, the principle of reciprocity shall apply.Honduras is party to the Rome Convention and the TRIPS Agreement and both instruments require
members to accord foreigners treatment no less fav ourable than that accorded to nationals, so that
under Article 8, Honduras grants performances, phonograms and broadcasts, the holders of rights in
which are foreigners not resident in the country but nationals of some member of the Rome
Convention or the World Trade Organization, the same treatment as it accords to Hondurans under itsdomestic law.
With regard to the Industrial Property Law, it does not contain any provision imposing on
foreigners additional requirements or conditions for acquiring, maintaining or exercising the rights
recognized by the law, which is consistent with Article 3 of the TRIPS Agreement.  Moreover, the
obligation to accord national treatment to nationals of other Members of the WTO is also establishedIP/C/W/277/Add.1
Page 25
by the Paris Convention for the Protection of Industrial Property, which forms part of the Honduran
legislation and is fully binding since it does not require the elaboration of special legislation for its
application.  Hence, where distinctive signs, inventions, utility models and industrial designs are
concerned, Honduras accords the same rights to nationals and foreigners.
As regards the principle of most-favoured-nation treatment established under Article 4 of the
TRIPS Agreement, although the intellectual property laws do not incorporate it expressly, the
obligation forms part of the Honduran legal system, since the provisions of the international
agreements which the country has ratified and which do not require the elaboration of special
legislation, as is the case with Article 4 of the TRIPS Agreement, are fully applicable, binding and
generally enforced, subject to the exceptions for which that same article provides.  Consequently, any
advantage, favour, privilege, immunity or right granted by Honduras to the nationals of any othercountry will be extended immediately and unconditionally to the nationals of all Members of the
WTO.
B.
COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Honduras protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
Under Article 2 of the Law on Copyright and Related Rights, literary or artistic works are all
original creations regardless of their type and whatever their method or form of expression, quality or
purpose.  The same article contains an illustrative list of protected works which includes computer
programs.  Moreover, Article 12 protects as works, insofar as they constitute original creations,collective works such as anthologies and the like, where the selection and arrangement constitute an
original creation.  In addition, there are specific provisions for the protection of computer programs
and databases (Articles 32, 33 and 34 of the Law on Copyright and Related Rights).
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Honduras.
Article 39(6) and (7) of the Law on Copyright and Related Rights includes among the
economic rights of the copyright holder the right to authorize the public distribution of a work by sale,
rental, public lending or any other means, while sp ecifically recognizing the right to authorize the
hiring out of a copy of an audiovisual work, a work incorporated in a sound recording or a computerprogram.
Likewise, under Article 25(1) and (2) of the Law, a producer of an audiovisual work has the
right to fix and reproduce the work with a view to its distribution and showing and to sell or rent
copies of the work.
4. Please describe the protection the copyright law of Honduras provides for performers,
and the term of the protection.
Under Article 113 of the Law on Copyright and Related Rights, performers have the
exclusive right to authorize the following acts:
(a) The broadcasting of their performances;(b) the communication of their performances to the public;
(c) the fixation of their unfixed performances;IP/C/W/277/Add.1
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(d) the reproduction of a fixation of their performances;
(e) the original distribution to the public of a fixation of their performances;
(f) the public hiring or loan of a fixation of their performances;  and
(g) the making available to the public, by wire or wireless means, of their performances
fixed on a phonogram, so that each individual may have access thereto in a place and
at a time of his own choosing.
The term of protection is seventy-five (75) years from the end of the year in which the
performance took place, with regard to performa nces not recorded on a phonogram, or seventy-five
(75) years from the end of the year of fixation, wi th regard to performances recorded on a phonogram
(Article 120 of the Law on Copyright and Related Rights).
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Honduras implements these obligations and indicate the term
of protection.
Under Article 118 of the Law on Copyrigh t and Related Rights, phonogram producers have
the exclusive right to authorize or prohibit the reproduction, be it direct or indirect, communication
and distribution to the public of their phonograms through sale, hiring, importing or any other means,
including making copies of their phonograms available to the public by whatever means so that
members of the public may have access thereto in a place and at a time of their own choosing, or anyother use of their phonograms.
The term of protection for these rights is seventy-five (75) years from the end of the year of
fixation (Article 120 of the Law on Copyright and Related Rights).
C.
TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark
law of Honduras.
According to Articles 79(2) and 82 of the Industrial Property Law, a mark is any visible sign
capable of distinguishing the products or services of one enterprise from the products or services of
other enterprises.  Marks may consist of fanciful denominations, names, pseudonyms, commercialslogans, figures, portraits, letters, numerals, monograms, labels, badges, impressions, emblems,
borders, lines, stripes, or combinations and arrangements of colours.  Likewise, marks may consist of
the shape or presentation of the product or its packaging or wrappings, or of the means or place of
retail sale of the corresponding products or services.
Finally, marks may also consist of national or foreign geographical indications, provided they
are sufficiently arbitrary and distinctive with respect to the products or services to which they are
applied and their use is not liable to create confusion or induce in the mind of the public erroneous or
unjustified expectations with regard to the origin, source, qualities or characteristics of the products or
services for which the marks are used.IP/C/W/277/Add.1
Page 27
7. Please describe the procedure that must be followed to register a trademark in
Honduras, citing the relevant provisions of the law, and describe the rights that the owner of a
registered mark can exercise.
The procedure for submitting trademark applications to the Honduran Industrial Property
Registry and for granting registrations is laid down in Articles 85 to 91 of the Industrial Property Law.
Applications for trademark registration are submitted to the Industrial Property Registry, a
subdivision of the Directorate General for Intellectual Property, and must give particulars of the
applicant and his agent, the trademark and the products or services to which the trademark is to be
applied.  If a document or information is found to be missing, the Registry will allow the applicant a
period of thirty (30) days to make good the om ission.  Once the omission or error has been made
good, the mark is examined to determine whether it  is nonregistrable on any of the grounds laid down
in the Law, be it for intrinsic reasons or for the infringement of third-party rights.
If the Registry’s examination shows that the ma rk falls foul of any of the legal prohibitions,
the applicant is notified of the objections and allowed a period of sixty (60) days to amend his
application or to comment on the objections raised.  If this period expires without the applicant havingresponded or if, the applicant having responded, the Registry considers that the objections still apply,
registration will be denied in a reasoned decision.
If the examination shows that the mark has not fa llen foul of any prohibition, then instructions
will be given for a notice to be published in the official journal (three times, at intervals of ten days).This notice will contain:  the name of the applicant, the date of application, a reproduction of the mark
whose registration is requested and a list of the products or services to which the mark will be applied,
with indication of the corresponding category.  During  the publication period and for thirty (30) days
after the last publication, any interested party or anyone who considers himself affected may object to
the registration of the mark, in which case he must indicate the basis for his objections and provideevidence in support.
If no objections are raised within the specified period or if the objections raised are rejected,
the mark will be registered and the Registry will issue the applicant with a registration certificate that
will incorporate the data contained in the corresponding registration and give title to the exclusive
right in the mark.
Under Article 96 of the Industrial Property Law, registration of the trademark confers on the
owner the right to proceed against third partie s who, without his consent, perform any of the
following acts:
(a) Applying, attaching or affixing in any way a distinguishing sign similar or identical to
the registered mark to products for which the mark has been registered or to the
containers, wrappings, packaging or packing of such products;
(b) removing or altering a mark which its ow ner or a person authorized by the owner has
applied, attached or affixed to the products mentioned in the preceding subparagraph;
(c) manufacturing labels, containers, wrappings, packaging or other such materials as
may reproduce or contain a reproduction of the registered mark, and selling or
stocking such materials;
(d) refilling or re-using for commercial purposes containers, wrappings or packaging
bearing the mark;IP/C/W/277/Add.1
Page 28
(e) using, in the course of trade, a sign identical or similar to the mark on the same
products or services as those for which the mark was registered, or for different
products or services if the use of the sign in connection with those products or
services might create confusion or a risk of association with the holder of the
registration; and
(f) using, in the course of trade, a sign identical or similar to the registered mark in
circumstances in which such use might mislead or confuse the public or, by diluting
the distinctiveness or commercial value of the mark or by taking unfair advantage of
its prestige or distinctiveness, unjustly damage the owner’s economic or commercial
interests.
8. Please provide the length and terms of protection the trademark law of Honduras
provides for a trademark.
Under Articles 92 and 93 of the Industrial Property Law, the initial term of protection for a
registered mark is ten (10) years from the date of granting of the registration, and registration may be
renewed indefinitely for successive periods of ten years each, provided that renewal is requested andthe corresponding maintenance fee is paid.
D. G
EOGRAPHICAL INDICATIONS
9. Please describe in detail how the laws of Honduras provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citingto the relevant provisions of law or regulation, and provide examples of geographical
indications so protected.
According to the second paragraph of Article 82 of the Industrial Property Law, marks may
consist of national or foreign geographical indications, provided they are sufficiently arbitrary anddistinctive with respect to the products or services to which they are applied and their use is not liable
to give rise to confusion or mistaken association with regard to the origin, provenance, qualities or
characteristics of the products or services for which the mark is used.  This provision is supplemented
by:
• Article 83(11) of the Law which prohibits the registration of marks consisting of a
geographical indication that does not satisfy the requirements mentioned in thepreceding paragraph;  and
• Article 123 of the Law which prohibits the commercial use, in relation to a product or
service, of geographical indications that are false or misleading with respect to the
geographical origin of the product or service or whose use might create confusion or
give rise to unjustified expectations among the public as to the origin, provenance,
characteristics or qualities of the product or service.
Within the class of geographical indications, protection is provided for appellations of origin,
i.e. geographical indications consisting of the name of a particular country, region or place used to
identify a product originating therein, whose qualities are exclusively or essentially attributable to the
geographical environment in which it is produced, including both natural and human factors.  A namewhich, without being that of a particular country, region or place, refers to a specific geographical
area, when used in relation to products originating in that area is also considered to be an appellation
of origin (Article 79(9) of the Industrial Property Law).IP/C/W/277/Add.1
Page 29
With regard to appellations of origin, Article 83(11) of the Industrial Property Law establishes
that signs which contain a protected appellation of origin for the same products, or for different
products if their use might create a risk of confusion or mistaken association with the appellation or
involve taking unfair advantage of its prestige, may not be registered as marks.
The Law provides a procedure for registering appellations of origin which is governed by the
provisions concerning marks.  Once obtained, the registration will remain valid indefinitely
(Articles 129 and 131 of the Industrial Property Law).  Foreign appellations of origin are protected in
accordance with the treaties and agreements ratified by Honduras, subject to a request from the
foreign producers, manufacturers or craftsmen having their production or manufacturing
establishment in the region or locality of the country to which the appellation of origin corresponds, or
from the competent public authorities of that country (Article 126 of the Industrial Property Law).  So
far, Honduras has received no requests for the registration of a geographical indication or appellationof origin.
10. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications forsuch products.
Article 23.2 of the TRIPS Agreement requires Members to refuse or invalidate the
registration of a trademark which contains a geographical indication identifying wines or spirits.  In
this connection, the Honduran Law prohibits the registration of signs consisting of a geographicalindication that is not sufficiently arbitrary and distinctive with respect to the products or services to
which it is applied, regardless of whether the latter are wines or some other spirituous beverage
(Article 82 of the Industrial Property Law).
Infringements of this provision are punishable with a fine of ten (10) to twenty (20) minimum
wages, in accordance with Article 168 of the Industrial Property Law, which stipulates this penalty foranyone who:
(a) Makes commercial use, in relation to a product or service, of a geographical
indication that is false or liable to mislead the public as to the origin of the product or
service or as to the identity of its producer, manufacturer or supplier;  or
(b) makes commercial use, in relation to a product, of a false or misleading appellation of
origin, or an imitation of an appellation of origin, even where the true origin of the
product is indicated or the appellation of origin is used in translation or accompanied
by expressions such as "type", "kind", "style", "imitation" or the like.
E.
INDUSTRIAL DESIGNS
11. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
The procedure for submitting applications for industrial designs to the Honduran Industrial
Property Registry and for granting registrations is laid down in Articles 58 to 64 of the Industrial
Property Law.
Applications for the registration of an industrial design must be submitted to the Industrial
Property Registry and must indicate the name of the applicant and the designer, if other than the
applicant; in the latter case the way in which the right was acquired and the type or kind of products to
which the design will be applied, together with the classification heading and subheading of thoseIP/C/W/277/Add.1
Page 30
products, should be indicated.  The application should be accompanied by three (3) graphic or
photographic representations of the industrial de sign or, in the case of two-dimensional designs
incorporated in a flat material, a sample of the material incorporating the design.
The Registry will determine whether the application complies with these requirements.  The
Registry will notify the applicant of any omissio n, which must be made good within the fo llowing two
(2) months.  Once the omission or error has been made good, the design will be examined to
determine whether it complies with the registrability requirements, namely, originality and industrial
application (Article 29 of the Industrial Property Law).  If these two requirements are met, the
Registry will order the publication of a notice in the official journal, on three (3) consecutive
occasions at thirty (30) day intervals.  During the publication period, any interested party may object
to the registration of the design, in which case he must indicate the basis for his objections andprovide evidence in support. If no objections are raised within the specified period or if the objections
raised are rejected, a decision granting registration will be issued and the publication of a notice
announcing the granting of registration will be ordered.
F. P
ATENTS
12. Please describe in detail the way in which the patent law of Honduras implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite to the relevant provisions of the law.
Under Article 6 of the Industrial Property Law, patents are available for any inventions,
whether products or processes, in all fields of technology, provided that they are new, involve an
inventive step and are capable of industrial application.  This includes pharmaceutical and agricultural
chemical products.
The sole exceptions are those set forth in Article 7 of the Law, which stipulates that the
following are excluded from patentability:
(a) Essentially biological processes for the production or reproduction of plants, animals
or their varieties, including genetic processes and processes relating to material
capable of self-duplication, direct or indirect, when such processes consist in
selecting or isolating available biological material and letting it act under naturalconditions;
(b) diagnostic, therapeutic and surgical methods for the treatment of humans or animals,
which are not regarded as inventions (Article 5.9 of the Industrial Property Law);  and
(c) plant varieties and species and animal breeds and species.
All other inventions, including micro-orga nisms and non-biological and microbiological
processes, are patentable if they meet the requirements of novelty, inventive step and industrial
application.
In the case of plant varieties, a draft law adapting the legislation to the provisions of the 1991
Act of the UPOV Convention is currently before th e Sovereign National Congress.  The text of this
Draft Law for the Protection of New Varieties of Plants is annexed hereto.
13. Please describe in detail the rights provided patent holders under the patent law of
Honduras and cite to the relevant provisions of law.IP/C/W/277/Add.1
Page 31
Under Article 17 of the Industrial Property Law,  the patent owner has the right to exclude
third parties from working the invention.  Thus, if the patent has been granted for a product, the owner
is entitled to proceed against anyone who, without his authorization:
(a) Makes the patented product;(b) offers for sale, sells or uses the patented product; or(c) imports or stocks the patented product with a view to using it, selling it or offering it
for sale.
If the patent has been granted for a process, the owner is entitled to proceed against anyone
who, without his authorization:
(a) Uses the patented process;
(b) makes a product directly obtained by the patented process;(c) offers for sale, sells or uses a product obtained by the patented process;  or(d) imports or stocks a product obtained by the patented process with a view to using it,
selling it or offering it for sale.
14. Please describe in detail any provisions in the laws of Honduras permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
Under the Honduran legislation, the use of a pa tent, without the consent of the owner, may be
authorized for reasons of public interest, national emergency, national security, nutrition or public
health.  Such use may also be authorized where the patent has not been worked on the national
territory for four years following the filing of the application or for three years following the granting
of the patent, whichever period expires later (Articles 66 and 70 of the Industrial Property Law).
Article 31 of the TRIPS Agreement lays down a series of conditions which must be satisfied
whenever a compulsory licence is issued.  In compliance with these provisions, the Honduran
Industrial Property Law stipulates that:
(a) A person applying for a compulsory licence must show that he (1) has previously
sought to obtain a contractual licence from the patent owner; and (2) has been unable
to obtain such a licence on reasonable conditions and within a reasonable period of
time (Article 67, first paragraph).
(b) where a licence is requested for a patent claiming any form of semi-conductor
technology, it will be issued solely for public non-commercial use for the benefit of a
public authority, or another party acting on its behalf, or to remedy a practice
determined to be anti-competitive (Article 67, second paragraph).
(c) Compulsory licences are granted predominantly for the supply of the domestic market
(Article 67(1).
(d) When a compulsory licence is issued, the amount and form of the payment to be
made by the licensee is determined on the basis of the scale of exploitation of the
licensed invention and the economic value of the licence (Article 67(2).IP/C/W/277/Add.1
Page 32
(e) A compulsory licence may be revoked, at the request of an interested party, where the
circumstances that led to its being issued cease to exist (Article 68, first paragraph).
(f) A compulsory licence granted for failure to work the invention may not be exclusive,
nor may it be transferred or sub-licensed, and it may not be assigned except with the
enterprise or establishment, or with such part of the enterprise or establishment, inwhich the invention is being industrially exploited (Article 68, second paragraph).
(g) As regards licences for second patents, the following additional conditions apply:
(i) Such a licence will only be granted if the invention claimed in the second
patent involves a technical advance of considerable economic significance in
relation to the invention protected by the first patent;
(ii) a compulsory licence may be granted for the second patent, at the request of
the owner of the first patent; and
(iii) such a licence may not be assigned, transferred or sub-licensed without the
simultaneous assignment, transfer or sublicensing of the second patent
(Article 69).
(h) With respect to any of the above cases, appeals may be lodged with the Ministry of
Industry and Commerce against decisions of the Registry, and the Ministry’s rulingswill be subject to judicial review, in accordance with the provisions of Article 149 of
the Industrial Property Law and Articles 137 to 140 of the Law on Administrative
Procedure.
15. What term of protection does the patent law of Honduras provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
Under Article 15 of the Industrial Property Law, the term of protection for an invention is
twenty (20) years from the date of filing of the patent application with the Industrial Property
Registry; this period cannot be extended.
G.
LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
16. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Honduras, including the term of protection, and cite to the relevant provisions
of law.
Honduras has not yet adopted any specific provisions to regulate the protection of
topographies, but protection is granted for a term of ten years from the date of first commercial
exploitation of the design, as required by Article 38.2 of the TRIPS Agreement, which forms part of
the Honduran legislation, having been approved and ratified as an Annex to the Marrakesh Agreement
Establishing the World Trade Organization (WTO).
H. PROTECTION OF UNDISCLOSED INFORMATION
17. Please describe in detail how the laws of Honduras provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.IP/C/W/277/Add.1
Page 33
The protection of trade secrets is dealt with in Articles 73 to 78 of the Industrial Property
Law.
Under that Law, any undisclosed information within the control of a natural or legal person
that can be used for a productive, industrial or commercial activity and is capable of being transmittedto a third party is considered to be a trade secret (Article 73 of the Industrial Property Law).
A trade secret will be recognized as such, for protection purposes, if the constituent
information is not, as a body or in the precise configuration and assembly of its components, generally
known among or readily accessible to persons within the circles that normally deal with such
information and, moreover, has been subject to reasonable steps by the lawful holder to keep it secret.
(Article 74 of the Industrial Property Law).
The protection of undisclosed information includes the right of the legitimate holder of the
information to prevent anyone who has had access to it under a duty of secrecy resulting from a
contractual or employment obligation to exploit, communicate or disclose the information, without his
authorization, and to prevent the acquisition of that information by unlawful or unfair means
(Article 75 of the Industrial Property Law).  To this end, Article 76 of the Industrial Property Law
stipulates that a trade secret will be considered to have been acquired by unlawful or unfair means
where such acquisition is the result of, among other things, industrial espionage, breach of contract or
other obligation, betrayal of trust, breach of a duty of secrecy, or inducement to commit any of these
acts.  This protection will continue in effect as long as the information protected satisfies thedefinition of a trade secret.
18. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicantbefore such reliance becomes possible?
Under Article 77 of the Industrial Property Law, where it is required to submit secret data or
information to obtain approval for the marketing or sale of a pharmaceutical or agricultural chemical
product that contains a new chemical component, su ch information will be protected against unfair
commercial use by third parties and against disclosure.
In addition, Article 215 of the Criminal Code characterizes as an offence the disclosure,
without just cause, or the use, for one’s own advantage or that of others, of a secret learned by virtue
of one’s position, employment, profession or skil ls, thereby causing economic prejudice to the
proprietor of the information.  The penalty for this  offence ranges from three (3) to six (6) years’
imprisonment, depending on the circumstances.
19. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Honduras and cite to the relevant provisions of law .
Information provided in order to obtain marketing approval for a pharmaceutical or
agricultural chemical product will be protected if the following conditions are satisfied:
• The product contains a new chemical component;  and
• the test data provided have not been previously disclosed.IP/C/W/277/Add.1
Page 34
The protection provided requires the competent administrative authority to protect the
information against unfair use by third parties and against disclosure, except where necessary to
protect the public or unless appropriate steps have been taken to ensure that the data are protected
against unfair commercial use by third parties.
Accordingly, the protection provided by Articles 77 and 78 of the Industrial Property Law
would not prevent a third party from requesting marketing approval for an identical or similar product
containing the same chemical component, even on the basis of the same test data, if the applicant
could show that he had obtained the information lawfully or had access to it because it was disclosed
somewhere else in the world.
The present law does not stipulate a specific term of protection for such information.
Nevertheless, it is understood that protection will be maintained as long as the corresponding
conditions are met.
I. ENFORCEMENT
20. Please describe in detail the manner in which the laws of Honduras provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
To ensure the enforcement of intellectual property rights, both the Industrial Property Law
and the Law on Copyright and Related Rights allow the right holder to bring an administrative, civil
or criminal action to protect his rights against infringement, or to prevent or halt an infringement and
avoid its consequences (Articles 156 to 166 of the Law on Copyright and Related Rights).
The corresponding civil proceedings follow the procedure laid down in the Code of Civil
Procedure.  Under the civil procedure, the holder of a protected right can demand the cessation of the
unlawful activity and the award of damages.  Moreover, in the field of industrial property, the right
holder may claim back his right if a patent or utilit y model or an industrial design or distinctive sign
registration is applied for or obtained by someone who has no right to the patent or registration
(Article 158 of the Industrial Property Law).
The Honduran legislation also provides for criminal proceedings in cases of infringement of
copyright and related rights and infringement of rights in trademarks and distinctive signs (Articles
248 to 263 of the Criminal Code).
In criminal cases, it is for the Office of the Attorney General to prosecute the infringer,
provided that the holder or licensee of the infringed rights has initiated the prosecution by filing acomplaint for infringement, without prejudice to  the possibility of his lodging a corresponding
complaint with the competent courts (Article 152.1, 2 and 3 of the Code of Criminal Procedure).
It is also possible, even before any of the above actions are brought, to request precautionary
measures or orders to protect rights, prevent infringement, avoid its consequences or obtain and
preserve evidence (Articles 165 of the Industrial Property Law, 174 of the Law on Copyright andRelated Rights and 270 of the Code of Civil Procedure).
1 Border measures suspending the importation
or exportation of goods that injure or infringe rights protected by the Law on Copyright and Related
Rights or the Industrial Property Law may also be ordered (Article 174.5 of the Law on Copyright and
Related Rights and Article 163.4 of the Industrial Property Law).
                                                     
1 For further details of the provisional measures available, see the response to question 23.IP/C/W/277/Add.1
Page 35
21. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party’s claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Honduras provide this authorization, citing to the relevant provisions of law or
regulation.
As regards the powers of the authorities to order one of the parties to proceedings to produce
evidence in its possession, Article 69 of the Code of Administrative Procedure specifies that if the
ruling authority is not satisfied that the alleged facts are correct, then, at the request of the interested
party, it may set aside a period of not less than ten and not more than twenty days for taking evidence.
22. Please describe in detail all of the civil remedies that are available to right holders under
the laws of Honduras, citing to the re levant provisions of law or regulation.
See the responses to questions 20 and 23.
23. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Honduras, citing to the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
Pursuant to Articles 163 and 165 of the I ndustrial Property Law and 173 and 174 of the Law
on Copyright and Related Rights, the judicial authorities may order, depending on the circumstances,
whatever measures are necessary to prevent the performance of infringing acts or may order the
cessation of such acts so as to avoid their consequences.  These measures may also be ordered to
obtain or preserve evidence or ensure the effectiveness of the action brought by the right holder.  Themeasures that may be ordered include:
(a) Seizure of the products resulting from the infringement and the means used
predominantly to commit the infringement;
(b) prohibition of the importation or exportation of the products or the materials or means
used predominantly to commit the infringement;
(c) withdrawal from the channels of commerce of the products or means used
predominantly to commit the infringement;  and
(d) any measure necessary to prevent the continuation or repetition of the infringement,
including the destruction of the means seized, where indispensable.
A precautionary measure may only be ordered if the person requesting it can prove his
entitlement to bring action and the existence of the infringed right, provides reliable evidence for the
presumption of infringement or the imminence thereo f, shows that any delay in its application would
cause irreparable or major injury and, moreover, posts security or sufficient assurance to cover any
damages that might be awarded as a result of th e enforcement of the measure (Articles 270 of the
Code of Civil Procedure, 13 of the Code of Criminal Procedure and 165 of the Industrial Property
Law).
A precautionary measure may be enforced inaudita altera parte , in which case the other party
must be notified immediately of its enforcement (Article 270 of the Code of Civil Procedure).
Precautionary measures enforced before an action on the merits is brought will be automatically cease
to have legal effect if the interested party fails to bring the main action within fifteen (15) working
days of enforcement (Code of Civil Procedure).IP/C/W/277/Add.1
Page 36
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of Honduras that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
There is express provision for the suspension of the release of imports and exports by customs
in the intellectual property legislation (Articles 174 (5) of the Law on Copyright and Related Rights
and 163 and 165 of the Industrial Property Law), among the measures that the holder of the protected
right may request in the event of infringement.  The application of these measures by the customs
authorities requires a court order, whether obtained as a consequence of the bringing of a civil or
criminal action or as a precautionary measure.  In the latter case, the same provisions on precautionary
measures as described in the response to Question 23 will apply.
There now exists a Draft Regulation of the Executive Revenue Directorate (Customs) which,
in accordance with the provisions of the TRIPS, lays down all the procedures that the service must
follow to enforce precautionary measures ordering the suspension of the importation or exportation of
products that infringe an intellectual property right.   The draft also provides for the possibility of the
measure being requested directly from the Executive Revenue Directorate (Customs).
25. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
Yes.  The suspension of imports of infringing products can be requested, as a precautionary
measure, in connection with all categories of intellectual property protected under Honduran law
(Articles 174 (5) of the Law on Copyright and Related Rights and 163 and 165 of the Industrial
Property Law).
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Honduras are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
At present, there is no provision for the customs authorities to act ex officio;  however, under
Article 4(a) of the Draft Regulation on Special Border Measures the customs authorities may act ex
officio if it is apparent that the goods in question are violating intellectual property law as a result of
trademark counterfeiting or piracy; this action may be taken at the time of clearance of the goods, inaccordance with Article 57 of the Customs Law contained in Decree Law No. 212–87.
K.
CRIMINAL PROCEDURES
27. Please describe in detail how the laws of Honduras implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, includingimprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of willful
trademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.
In the field of intellectual property, the Honduran legislation (Articles 248A, 249, 251 and
299 of the Criminal Code) provides for the criminal prosecution, with the possibility of three to six
years’ imprisonment and a fine of from fifty thousand (L.50,000.00) to one hundred thousand
(L.100,000.00) lempiras, of the following offences:IP/C/W/277/Add.1
Page 37
(a) The use of television signals transmitted by satellite and the reproduction or
projection of videos, films and other similar works, without the authorization of the
right holder;
(b) the manufacture or sale of articles which because of their name, mark, presentation or
appearance could be confused with similar products patented or registered under the
name of another;
(c) the counterfeiting, imitation or fraudulent use of any of the legal interests protected
by the Industrial Property Law (inventions, utility models, industrial designs and
distinctive signs);
(d) the marketing of any of the legal interests protected by the Industrial Property Law
(inventions, utility models, industrial designs and distinctive signs);  and
(e) acts of unfair competition.  Article 299, subparagraph 3, of the Criminal Code
specifies a penalty of three (3) to five (5) years’ imprisonment and a fine of fiftythousand (L.50,000.00) to one hundred thousand (L.100,000,00) for anyone who
performs acts that constitute unfair competition under the provisions of the
Commercial Code, other special laws or international agreements.
There is also provision for imprisonment in the following cases:With regard to the violation and disclosure of trade secrets, under Articles 214 and 215 of the
Criminal Code, anyone who, without proper judicial  authorization, for whatever purpose, appropriates
papers or correspondence belonging to another or intercepts his communications, or causes them to be
intercepted, is liable to six (6) to eight (8) years’ imprisonment if a private individual and eight (8) totwelve (12) years if an official or civil servant; likewise, anyone who discloses, without just cause, or
makes use, for his own advantage or that of another, of a secret he has learned by reason of his office
and thereby causes someone injury will be liabl e to three (3) to six (6) years' imprisonment.
There are monetary fines (from ten to two hundred minimum wages) in the cases mentioned
in Articles 167 of the Law on Copyright and Related Rights and 167, 168 and 171 of the Industrial
Property Law).
28. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Please describe the provisions in the laws of
Honduras that provide for such remedies, and describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of law or regulation.
Article 174 (4) of the Law on Copyright and Rela ted Rights provides for the seizure of copies
of works or of sound recordings which may reasonably be assumed to have been produced or
imported without the authorization of the right holder , together with the packaging of those copies and
such means as may have been used to produce them.  Articles 163(3) and (5) and 165(2) of theIndustrial Property Law stipulate the same for protected inventions, utility models, industrial designs
and distinctive signs.
29. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of willful infringement of other forms of intellectual property.  Please describeany provisions of the laws of Honduras that provide for such procedures and remedies, citing to
the relevant provisions of law or regulation.IP/C/W/277/Add.1
Page 38
See the response to question 27.
L. STATISTICAL QUESTIONS
30. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
The Law provides for civil actions in this area but there has been no enforcement because
right holders have preferred to take action through administrative channels.
31. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
Statistical data attached.IP/C/W/277/Add.1
Page 39
ANNEX I
Quantities Of Products Seized
1996 to 2001
Description of Product Quantity
Phonograms
Videos
Compact discsPlay station cassettes
Trademarks (pharmaceuticals)
Equipment and materials12,868
7,216
541408
500
300
JUDICIAL PROCEEDINGS INSTITUTED
1997 - 2001
Place Number Remarks
Tegucigalpa
ComayagüelaCeiba
Choluteca
Juticalpa
San Pedro Sula
Santa Rosa de CopánDanlí9
15
1
4
1
10
123 trials ( Plenario )
Total 43IP/C/W/277/Add.1
Página 40ANNEX II
Seizures of Unlawful Material
1996-2001
Total seized Total by product Place of seizure Description of
product1996-1997
Amount in
US$.1998- 2001
Amount in
US$.US$ Lps US$ Lps
Tegucigalpa and
ComayagüelaRegional Ceiba
Regional Choluteca
Santa Rosa de CopánPhonograms
""
"335,000.00
6,126.087,391.30
26,086374,604.34 5,244,460.76
Tegucigalpa and
ComayagüelaRegional Ceiba
Regional Choluteca
Santa Rosa de CopánPhonograms
""
"125,740.57
44,146.75
4,578.00
19,762.59194,227.91 2,699,767.95 568,832,25 7,944,288.71
Tegucigalpa and
Comayagüela
Regional San Pedro Sula
OtherVideos
"
"45,520.00
1,304.35
13,026.1859,850.53 59,850.53 59,850.53 825,937.31
Tegucigalpa and
Comayagüela
Regional San Pedro SulaEquipment and
materials
"21,735.51
14,388.4936,124.00 36,124.00 36,124.00 502,123.60
GRAND TOTAL
SEIZURES664,806.78 9,272,349.62
__________