Bendaña & Bendaña's Intellectual Property Law Department is comprised of knowledgeable attorneys in all aspects of Intellectual Property Law. Please click on the links below for more information:

• Trademarks

• Patents

• Copyrights

• Domain Names
  
  
  

• General information on Intellectual Property

• Intellectual Property Laws

• Main International Treaties on Intellectual Property

 General Information on Intellectual Property      

Language                                            

All documents must be judicially translated into the Spanish Language, including any Notarial or Consular legalization in a language other than Spanish.

Power of Attorney

We provide a general form useful for trademark and patent applications. The Power must be authorized according to the Laws of the applicant's country. Consular legalization in required.

Priority

For Trademark applications, priority may be claimed along with the application for registration or within two months of filing. For each priority claimed a Priority Document must be filed before the Trademark Office (translated into Spanish before a Nicaraguan Notary Public). The Document must be filed within 3 months of the application date.

For patent applications priority may be claimed along with the application or within four months of the due date of the claimed priority. The priority document (translated into Spanish before a Nicaraguan Notary Public) must be filed within four months of the due date of the claimed priority.

Classification of Goods and Services

Even though Nicaragua is not a party to the Nice Agreement, our Trademark Law adopted the International Classification of Goods and Services (currently the 8th edition).

 Intellectual Property Laws   

Trademarks

Law No. 380 of Marks and Other Distinctive Signs, published on April 16, 2001.

Patents

Law of Patents of Invention, Utility Models and Industrial Designs, published on September 22 and 25, 2000. 

Copyrights

Copyright Law, published on August 31, 1999.

Other IP Laws

• Law of protection for program-carrying satellite signals, published on December 16, 1999. 
• Law of protection for integrated circuit layout-design, published on December 16, 1999.
• Law of protection for new plant varieties, published on November 29, 2000.
  

 Main International Treaties on Intellectual Property      

Paris Convention

On March 1, 1996 Decree No. 1244 was published in Nicaragua's Official Journal, which approves the adherence of Nicaragua to the Paris Convention for the Protection of Industrial Property (Stockholm text). The instrument of accession was deposited by the government of Nicaragua on April 3, 1996, and in accordance to Article 21.3, the Convention became enforceable as of July 3, 1996.

Patent Cooperation Treaty (PCT) 

The PCT is in force in Nicaragua as of 6 March 2003.

General Inter-American Convention for Trademark and Commercial Protection

The adherence of Nicaragua to the Inter-American Convention was approved on May 30, 1934. It was, until the accession of Nicaragua to the Paris Convention, the main mean of protecting well known trademarks in Nicaragua.

World Trade Organization and Annexes

By virtue of Decree 47-95 of July 27 1995, published in the Official Journal No. 141 of July 28, 1995, Nicaragua ratified the Agreement that established the World Trade Organization and Annexes.

Berne Convention for the Protection of Literary and Artistic Works

Nicaragua is also a party to the following treaties:

• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (August 10, 2000)
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (August 10, 2000)
• WIPO Copyright Treaty (March 6, 2003)
• WIPO Performances and Phonograms Treaty (March 6, 2003)
• The International Union for the Protection of New Varieties of Plants (UPOV) - (September 6, 2001 - 1978 Act).