The protection of foreign trade marks in Panama

According to Article 15 of Executive Decree No. 1 of 1939, which regulates the legal provisions of trade marks, the individual or corporation who first uses a trade mark in Panama is the only one who has the right to register said trade mark as a national mark to protect products manufactured in the...

Full description

Saved in:
Bibliographic Details
Published inManaging intellectual property p. 98
Main Author Fabrega, Juan Pablo
Format Magazine Article
LanguageEnglish
Published London Euromoney Institutional Investor PLC 01.01.1994
Subjects
Anniversaries
Conventions
Infringement
International law
International trade
Legislation
Protection
Registration
Third party
Trademarks
Panama
Online AccessGet full text

Cover

More Information
Summary:According to Article 15 of Executive Decree No. 1 of 1939, which regulates the legal provisions of trade marks, the individual or corporation who first uses a trade mark in Panama is the only one who has the right to register said trade mark as a national mark to protect products manufactured in the country, although said individual or corporation is domiciled abroad. The individual or corporation who has registered a trade mark abroad is the only one who has the right to register said trade mark in Panama as a foreign trade mark. The Supreme Court of Justice has ruled that a foreign trade mark that has not been used or registered in Panama by its owner can legally be subject to registration in Panama by a third party who can consequently obtain its exclusive use, thus preventing the foreign owner from exploiting his trade mark in Panama. Since there is no legal provision that expressly contemplates the protection of foreign trade marks not registered in Panama, the registration of a foreign trade mark in its country of origin does not preclude the foreign owner from the possibility of losing the trade mark in Panama to another person who registers that trade mark as his own.
ISSN:0960-5002