Legal Environment
Legal Environment
Intellectual Property Law
In August 1993, legislation was passed to promote and protect intellectual property rights. The law covers issues such as copyrights, both artistic and scientific property, which includes audiovisual works, computer programs and architectural works. It also includes industrial property specifically regarding inventions, utility models and industrial designs (patents).
The law was to take effect two months after the date of legislation, in other words October 1993. However an important exception was made to reproducers, sales persons, leases or any person who trades with any type of audiovisual material. These people were granted a special date of enforcement for the new law, which was four months after the date of legislation or February 1994. Once this date was reached a another extension was granted which expired in 1996. This point is extremely important to those in the recording industry since pirating of audiocassettes and software is prevalent throughout the country.
Since before 1993, El Salvador was on the Office of the U.S. Trade Representatives “Watch List” meaning that intellectual property rights were not protected. Even after enactment of legislation in 1993 the country remained on the list. It was not until July 1996 that El Salvador was removed from the Watch List, once the government began conducting raids and seizures of pirated shoes, clothing, music recordings, pharmaceuticals and software.
However, according to the Office
of U.S. Trade Representatives software piracy remains a problem in El Salvador
and they warn that the government must maintain this current new momentum
and continue to combat this specific piracy. The El Salvadoran government
is expected to introduce legislation later in 2001 that is designed to
meet the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS). The law in 1993 began to meet this agreement, however they
are still not fully compliant with it.
Source: Office of the U.S. Trade Representatives
Domain Name Registration
El Salvador's domain name registration entity is SVNet (www.svnet.org.sv/). Among its functions are to administrate the issuance of domain names in El Salvador, administrate the distribution of Internet addresses, and establish and maintain globally accepted Internet standards.
Each request for multiple domains is studied separately but generally allowed. Further, the registration of several names by the same applying entity is possible, as long as it does not reflect any incentive for monopolistic practices, potential speculations for future negotiations with the assigned names or unfair business practices.
Trademark Policy - In the case of
a dispute between applying entities about the rights of a particular name,
SVNet does not hold any liability by registering it, and will only provide
information to both parties, so that they may reach an agreement. Such
agreement must be notified, through a written note to SVNet.
Source: SVNet: Internet of El Salvador