Page 1

DECREE NUMBER 57-2000
THE CONGRESS OF THE REPUBLIC OF GUATEMALA,
CONSIDERING:
That the Political Constitution of the Republic recognizes and protects the right to freedom of industry and
commerce, as well as the right of inventors, as rights inherent to the human person,
guaranteeing their owners the enjoyment of exclusive property of their creations, in accordance with the
law and international treaties to which the Republic of Guatemala is a party;

CONSIDERING:
That the Republic of Guatemala, as part of the Paris Convention for the Protection of Property
Industrial, text adopted in Stockholm on July 14, 1967 and its amendment on September 28,
1979, must promote through its internal legislation the necessary mechanisms to protect
adequately the rights of inventors and creators of utility models and industrial designs
and those of the owners of trademarks4 and trade names. Also, that as
part of that protection, it is necessary to issue provisions on the use of the indications
geographical areas and designations of origin and the mechanisms of repression of acts of competition
unfair;

CONSIDERING:
That the Republic of Guatemala, as a Member of the World Trade Organization, is obliged
to ensure that its national legislation on industrial property complies with the standards of
protection provided by the Agreement on Aspects of Intellectual Property Rights
related to Trade -ADPIC- (Annex 1C of the Agreement by which the Organization is created
World Trade);

CONSIDERING:
That both the Central American Convention for the Protection of Industrial Property (approved by
Decree 26-73 of the Congress of the Republic) as the Law of Invention Patents, Utility Models,
Industrial Drawings and Designs (Decree Law 153-85), do not respond adequately to changes
resulting from industrial development, international trade and new technologies, which is why the
which it is imperative to integrate into the legal regime norms that allow property rights
are really and effectively recognized and protected in accordance with current requirements, and
thus stimulate intellectual creativity and investment in commerce and industry;

THEREFORE:
In the exercise of the powers conferred by article 171 literal a) of the Political Constitution of the
Republic,

DECREE:
The next:

INDUSTRIAL PROPERTY LAW
TITLE I
COMMON RULES
SINGLE CHAPTER
GENERAL DISPOSITION

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ARTICLE 1. PURPOSE OF THE LAW.
This law is intended to protect, encourage and promote intellectual creativity that has application
in the field of industry and commerce and, in particular, regarding the acquisition, maintenance and
protection of distinctive signs, patents of invention and utility models and designs
industrial, as well as the protection of business secrets and provisions related to the
combat of unfair competition.

ARTICLE 2. PEOPLE WHO CAN ACCESS THIS LAW.
Any person, individual or legal, whatever their nationality, domicile or activity, can
acquire and enjoy the rights that this law grants.

ARTICLE 3. NATIONAL TREATMENT.
Individual or legal persons, nationals of another State linked to Guatemala by a treaty
that establishes national treatment for Guatemalans, or those who have their domicile or an establishment
real and effective industrial or commercial treatment in that State, shall enjoy treatment no less favorable than that which
is granted to Guatemalans, with respect to the acquisition, maintenance, protection and exercise of
the rights established by this law or with respect to those established in the future.

ARTICLE 4. TERMINOLOGY. *
For the purposes of this law, it shall be understood as:
Denomination of origin: Any geographical name, expression, image or sign that designates or evokes a
region, a locality or a specific place, which identifies a product as originating from that region,
specific location or place, when the qualities or characteristics of the product are due
fundamentally to the environment where it is produced, including natural, human or cultural elements.
Daily

official:

it

It constitutes

the

half

from

publication

official

of

Condition.

Industrial design: includes both industrial drawings and models. The former must
understood as any combination of figures, lines or colors that are incorporated into a product
industrial or artisanal, for ornamentation purposes and to give it a particular and proper appearance; and the
seconds as any three-dimensional shape, which serves as a type or pattern for the manufacture of a product
industrial, giving it a special appearance and not having technical functional purposes.
Emblem: a figurative sign that identifies and distinguishes a company, a commercial establishment or
a

entity.

Advertising expression or sign: any caption, advertisement, phrase, combination of words, design,
engraving or any other similar medium, provided it is original and characteristic, used for the purpose
to attract the attention of consumers or users to one or more products, services, companies or
establishments

mercantile.

Geographical indication: Indications that identify a product as originating from a country, or from a
region, or a locality of that country, when a certain quality, reputation or other characteristic of the
product is fundamentally attributable to its geographical origin. Any sign or combination of signs,
in any way, they will be capable of constituting a geographical indication.
Invention: any human creation that allows the transformation of matter or energy that exists in the

Page 3

nature, for its use by man and meet their specific needs.
Brand: Any word, figurative, mixed, three-dimensional, olfactory, sound or mixed sign that is suitable
to distinguish the products or services from similar ones in the market, from an individual person or
legal, those of another and that can be object of a graphic representation.
Collective trademark: one whose owner is a legal entity that groups together persons authorized by the
headline
to
use
the

brand.

Certification mark : a mark that is applied to products or services whose characteristics or quality
they have been
controlled
Y
certified
for
the
headline

from

the

brand.

Utility Model: Any improvement or innovation in the form, configuration or arrangement of elements of
any object, or part of it, that provides some technical effect in its manufacture,
functioning
or

use.

Commercial name: A denominative or mixed sign, with which a company is identified and distinguished, to
a
establishment
trade
or
to

a

entity.

Patent: the title granted by the State that protects the right of the inventor or owner with respect to
an invention, the effects and scope of which are determined by this law.
Procedure: In relation to patentable matter, it means, among others, any method, operation or
set
from
operations
or
app
or
use

from

a

product.

Product: In relation to patentable matter, it means, among others, any substance, composition,
material (including biological), device, machine or other tangible or a part of them.
Business secret: any undisclosed information that an individual or legal person possesses,
that can be used in any productive, industrial, commercial or service activity, and that is
susceptible
from
be transmitted
to
Distinctive sign: any sign that constitutes a trademark, a trade name, an emblem, a
expression
or
sign
from
propaganda
or

a

a

third.

denomination

from

source.

Well-known distinctive sign: Any sign that is known to the relevant sector of the
public, or in business circles, as an identification of certain products, services or
establishments and who has acquired that knowledge through its use in the country or as a consequence of the
promotion of the sign, whatever the way in which it has been known.
Registry: the registry of Intellectual Property.
* Reformed the definitions "Denomination of Origin", "Geographical Indication" and "Trademark" by Article
34, of Congress Decree Number 11-2006 on 05-30-2006; will take effect two years after
the entry into force of the FTA.

ARTICLE 5. FORMALITIES OF THE APPLICATIONS.
Without prejudice to the special requirements established for each case by this law, every request must
go to the Registry and comply, as appropriate, with the provisions of articles 61 and 62 of the
Civil and Commercial Procedure Code.

ARTICLE 6. PROCEDURE.
All requests and other administrative procedures that are presented in accordance with this law,
They must be processed and resolved by the Registry.

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ARTICLE 7. REPRESENTATION.
In the first management that is carried out, the legal status of the person representing the applicant must be accredited.
When the applicant or the owner of an industrial property right has his domicile or headquarters outside
of the country, must be represented by a representative domiciled in Guatemala, who must be
active chartered lawyer.
The agent must have sufficient powers to represent the principal in all matters and
actions related to the acquisition, maintenance and protection of the rights regulated by this
law. For these purposes, he must be invested with the special powers of the judicial agents, of
in accordance with the provisions of the Law of the Judicial Organism. If the president does not have those
powers, it will be considered invested with them by operation of law.
In serious and urgent cases qualified by the Registry, the action of a lawyer may be admitted as
Informal manager of the interested party. However, the performance of a lawyer may not be rejected as
unofficial manager in the following cases:
a) In the presentation and answer of oppositions;
b) When the Registry or this law indicates a term to comply with a certain act, if the breach
may affect rights of the requested; Y
c) In the presentation of applications for registration and renewal of distinctive signs.
In any case, the informal manager must provide sufficient guarantee determined by the Registry, to
Respond for the results of the matter if the interested party does not approve what was done on their behalf. Will not be
It is necessary to provide a guarantee if the manager has presented and maintains in force, a guarantee issued by a
surety entity legally authorized and issued in favor of the Registry, which covers its
responsibilities as an informal manager for the amount set by the regulations of this law.

ARTICLE 8. UNIFICATION OF APPLICATIONS.
The modification or correction of two or more applications or records may be requested in a single application,
provided that the modification or correction was the same for all of them.
The registration of disposals relating to two or
more applications or registrations, provided that the transferor and the acquirer were the same in all of them.
This provision shall apply, as appropriate, to the registration of licenses and changes of name or
name of the holder.
For the purposes of the provisions of this article, the petitioner must identify each of the requests or
records in which the modification, correction or registration must be made and, in all cases, must
In addition, submit a copy of the respective application to add to each file. The cups
corresponding will be paid based on the number of applications or titles affected.

ARTICLE 9. DEADLINES.
Except for those cases in which the contrary is expressly established, the terms established in this law
they are non-extendable.

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ARTICLE 10. INTERVENTION OF THIRD PARTIES.
When a request is made regarding the voluntary waiver or cancellation of a registered right,
the writing must contain the signature of the owner legalized by a notary and, if any right is registered
In favor of a third party, the registration will proceed only if the consent of the latter is in writing with signature.
legalized.

ARTICLE 11. EFFECTS OF THE DECLARATION OF NULLITY.
The effects of the declaration of absolute nullity of a patent or a registration will be traced back to the
date of the respective request, without prejudice to the conditions or exceptions established in the
resolution declaring nullity.
The declaration of annulment of a patent or a registration shall take effect from the date of
location of the defendant. When raising the action for voidability, the legitimate owner will have the right to
vindicate the distinctive sign, invention or design and to be compensated for the damages and losses that are
caused by the defendant.

ARTICLE 12. ABANDONMENT OF THE MANAGEMENT.
Except for those cases in which a specific term is established, the requests that are presented
in accordance with this law will be considered abandoned and will expire by right when the
interested party does not comply with what is required by the Registry, within a period of six months,
counted from the last notification that was made. Abandonment will cause the loss of
the priority and ex officio the file of the application, without the need for any declaration.

ARTICLE 13. RESOURCES.
An appeal for revocation may be filed against the definitive resolutions of the Registry, which shall be
It will file and process in the manner determined by the Law on Administrative Litigation.

ARTICLE 14. MODIFICATION OF THE APPLICATION.
The applicant may, at any time during the procedure, modify his application to restrict the
scope of protection requested and to correct errors contained in the initial application or documents
annexes to it. The modification must be requested in writing with a signature legalized by a notary, at the
The proof of payment of the corresponding fee must be attached.
Each fractional application will retain the date of submission of the initial application and the right to
priority, where applicable.

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ARTICLE 15. WITHDRAWAL OF THE APPLICATION.
The applicant may withdraw his application at any time during the procedure, by request.
written with a signature legalized by a notary. Once approved, the withdrawal of an application will take effect
from its presentation in the Registry and will not give the right to reimbursement of the fees that have been
paid out.
The withdrawal of an application ends the administrative procedure, produces the extinction of the
rights that originated from the date of presentation of the same and will have as a consequence the
file of the file.
The invention that is the object of a withdrawn application will pass into the public domain, as long as it has been
published in accordance with this law.

TITLE II
OF THE BRANDS AND OTHER DISTINCTIVE SIGNS
CHAPTER I
OF THE BRANDS
SECTION ONE
GENERAL RULES
ARTICLE 16. SIGNS THAT MAY CONSTITUTE TRADEMARKS. *
Trademarks may consist of words or sets of words, letters, figures, monograms, figures,
portraits, labels, shields, prints, engravings, vignettes, borders, lines and stripes and combinations and
color arrangements, as well as any combination of these signs. They can also consist of
sound and olfactory marks, in the form, presentation or packaging of the products, their
wrapping or packaging, the means of sale of the corresponding products or services, and other
what
to
criterion
of
Registry
have

fitness

Trademarks may consist of national or foreign geographical indications, provided they are
distinctive regarding the products or services to which they apply and that their use is not
liable to create confusion or association with respect to the origin, qualities or characteristics of the
products
or
services
in order to
the
which
I know

distinctive.

use

the

brands.

In the case of collective marks or certification marks, when the geographical indication identifies
a product or service as originating from a country or a region or locality of that country and a
quality, reputation or other characteristic of the product or service may be fundamentally attributable to
its geographical origin, said geographical indication may be eligible for protection as a trademark.
The nature of the product or service to which the trademark is to be applied will in no case be an obstacle to
the
record
from
the

brand.

The use of a brand to market a product or service will be optional and it will not be necessary
prove its previous use to request or obtain the registration of a trademark.
When the brand consists of a label or other sign composed of a set of elements, and in it
the name of a product or service is expressed, the registration will only be granted for said product
or

service.

Any requirement regarding the use, in a certain proportion, of the common or generic name of the
product or service that protects a trademark, must not undermine its distinctive capacity.

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* Amended by Article 35, of Congress Decree Number 11-2006 on 05-30-2006; will enter
valid for two years after the entry into force of the FTA.

ARTICLE 17. ACQUISITION OF THE RIGHT.
Trademarks have the quality of movable property, ownership of them is acquired by registration
in accordance with this law and is proven with the certificate issued by the Registry.
The priority in the right to obtain the registration of a trademark is governed by the date and time of filing
of the application for registration in the Registry.
Without prejudice to the right to object in the cases regulated by this law, the property of the trademark and the
The right to its exclusive use is only acquired in relation to the products or services for which there are
been registered.
The owner of a trademark protected in a foreign country will enjoy the rights and guarantees that
This law grants as long as it has been registered in Guatemala, except in the case of trademarks
notorious and what is provided by any treaty or convention to which Guatemala is a party.

ARTICLE 18. RIGHT OF PRIORITY.
The applicant for the registration of a trademark may invoke the priority based on an application for registration
above, presented in order in any State that is a party to a treaty or agreement to which Guatemala
is linked. Such priority must be invoked in writing, indicating the date and country of the
presentation of the first application.
Multiple priorities or partial priorities can be invoked for the same request, which can
originate from applications filed in two or more different States; in this case the priority period
it will be counted from the date of the oldest priority.
The right of priority will be valid for six months from the day after the
presentation of the priority application.
The right of priority may be invoked with the presentation of the new application or at any time
up to within a period that does not exceed three months from the expiration date of the priority. In order to
accredit the priority, a copy of the priority application must be attached, certified by the office or
competent authority that has received said request, which will be exempt from any
legalization and a translation must be attached if it is not written in Spanish. Certification to
referred to in this paragraph, must be submitted within a period that does not exceed three months to the
priority expiration date.

A trademark registration application for which the right of priority is invoked will not be denied,
revoked or annulled due to events that occurred during the priority period, carried out by the
applicant or by a third party and such facts will not give rise to the acquisition of any third party right
regarding the brand and for the products or services contained in the first application.
The priority invoked will be governed in everything else by the provisions of the agreement or treaty.
correspondent.

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ARTICLE 19. COTITULARITY.
Except for the special provisions contained in this law, joint ownership of applications or records
relating to trademarks will be governed, when there is no agreement to the contrary, by the provisions of the Code
Civil on joint ownership.

ARTICLE 20. INADMISSIBLE TRADEMARKS FOR INTRINSICAL REASONS.
It may not be registered as a trademark, or as an element thereof, a sign that is included in
any of the following cases:
a) That it does not have sufficient distinctive aptitude with respect to the product or service to which it is applied;
b) That it consists of the usual or current form of the product or the container to which it is applied or in a
necessary or imposed by the nature of the product or service in question;
c) That it consists of a form that gives a functional or technical advantage to the product or service to which it is
apply;
d) That it consists exclusively of a sign or an indication that, in ordinary, technical or
scientific, or in the commercial uses of the country, is a common or usual designation of the product or
service in question;
e) That it consists exclusively of a sign, or an indication or an adjective that can serve in the
trade to qualify or describe some characteristic of the product or service in question, its
translation into another language, its spelling variation or the artificial construction of unregistered words;
f) That it consists of a single color considered in isolation;
g) That it consists of a letter or a digit considered in isolation, unless it is presented in a form
special and distinctive;
h) That is contrary to morality or public order;
i) That includes an element that offends or ridicules people, ideas, religions or symbols
nationals of any country or of an international entity;
j) That may cause deception or confusion about the geographical or cultural origin, the nature, the
mode of manufacture, qualities, suitability for use or consumption, quantity or some other
characteristic of the product or service in question;
k) That it consists of a geographical indication that does not comply with the provisions of article 16 paragraph 2 of
this law;
l) That reproduces or imitates, in whole or in part, the shield, flag, symbol, emblem, acronym,
denomination or abbreviation of denomination of any State or international organization, without
authorization from the competent authority of the State or international organization in question;
m) That reproduces or imitates, in whole or in part, an official control or guarantee sign adopted by a
State or a public entity, without authorization from the competent authority of that State;
n) That it reproduces coins or bills of legal tender in the territory of any country, securities or
other commercial documents, stamps, stamps, stamps or fiscal species in general;
ñ) That includes or reproduces medals, awards, diplomas or other elements that suggest the
obtaining awards with respect to the corresponding product or service, unless such awards

Page 9

have been truly granted to the registrant or its originator and this is accredited to the
time to request registration;
o) That it consists of the denomination of a plant variety, protected in the country or in some country of the
foreign, and in relation to the products that the variety in question identifies; Y
p) That it is or has been a certification mark whose registration was annulled, or which has ceased to be
be used due to dissolution or disappearance of its owner, unless at least ten years have elapsed
from the annulment, dissolution or disappearance, as the case may be.
Without prejudice to what is established in literals a), d), e), f) and g) of the previous paragraph, it may be admitted for
the registration of the trademark may be processed, or an already registered may be renewed, when at the discretion of the Registry and
According to the evidence presented by the applicant on the subject, it is established that a sign
included in these assumptions has acquired sufficient aptitude or distinctive character with respect to the
products or services to which it applies derived from the continued use of the same in commerce.

ARTICLE 21. INADMISSIBLE TRADEMARKS DUE TO THIRD PARTY RIGHTS.
A sign may not be registered as a trademark, or as an element thereof, when this affects any
third party right. By way of example, the following cases are mentioned:
a) If the sign is identical or similar to a trademark or a registered commercial advertising expression or
previously requested by a third party, for the same or similar products or services, or for
different products or services when they could cause confusion or create a risk of association with
that brand or commercial advertising expression;
b) If the sign may cause confusion because it is identical or similar to a trade name or emblem
used in the country by a third party since a previous date, in a company or establishment that negotiates
normally with goods or provide services equal or similar to those that are intended to be identified with the
trademark, or that may weaken or affect its distinctiveness;
c) If the sign constitutes a total or partial reproduction, imitation, translation or transcription of a
notorious trademark of a third party, even if it is not registered in the country, whatever the products or
services to which the sign is applied, if its use and registration were likely to cause confusion or a
risk of association with that third party, or an unfair use of the notoriety of the sign, or that
weaken or affect its distinctive strength;
d) If the sign affects the right of the personality of a third party, especially in the case of the name,
signature, title, hypocoristic, pseudonym, image or portrait of a person other than the one requesting the
registry, unless the authorization of that person is accredited or, if he / she has died, that of those who
their heirs have been legally declared;
e) If the sign affects the name, image or prestige of a local, regional or national community,
Unless the express authorization of the competent authority of that community is accredited;
f) If the sign constitutes a total or partial reproduction or imitation of a certification mark
protected;

g) If the sign infringes a copyright or industrial property right of a third party; Y
h) If the sign could serve to perpetrate or consolidate an act of unfair competition.

Page 10

SECTION TWO
TRADEMARK REGISTRATION PROCEDURE
ARTICLE 22. REGISTRATION APPLICATION. *
The application for registration of a trademark will contain:
a) General data of the applicant or his legal representative, proving said representation;
b) Place of incorporation, when the applicant is a legal person;
c) The trademark whose registration is requested and a reproduction of the same in the case of trademarks
words with special spelling, shape or color, or figurative, mixed or three-dimensional marks with
or
without
d) A simple translation of the trademark, when it is made up of a word element and
this
had
meaning
on
a
idiom

Colour;

different

of

Spanish;

e) An enumeration of the products or services that the brand will distinguish, indicating the number of the
class;
F)

The

Bookings

or

you resign

g) In the case of sound marks, indicate a graphic description and attach a reproduction
magnetic
from

the

h) In the case of olfactory marks, indicate a graphic description and it can be attached to the
request
the
formula
chemistry
or
i)

The

Yes

country

the

from

applicant

special;

herself;

the

process;

source

invoke

and

of

priority

sign.

shall

indicate

1 The name of the country or regional office in which the priority application was submitted;
two

The

date

from

presentation

from

the

request

priority;

3 The priority application number, if assigned.
* Amended by Article 36, of Congress Decree Number 11-2006 on 05-30-2006; will enter
valid for two years after the entry into force of the FTA.

ARTICLE 23. ANNEXED DOCUMENTS. *
With the application must be submitted:
a) The documents or authorizations required in the cases provided for in subparagraphs I) and m) of paragraph
one of article 20, and literal d) and e) of article 21, both of this law, when pertinent;
b)

The

voucher

from

pay

from

the

rate

c) Four reproductions of the brand in case it is one of those mentioned in literal c) of paragraph one
of
Article
22
from

established;

is

law;

d) In the case of sound or auditory marks, three copies of their reproduction in support material; Y
br] e) In the case of olfactory marks, and if they are presented with the original application, three copies of the formula
chemistry or procedure.
* Amended by Article 37, of Congressional Decree Number 11-2006 on 05-30-2006; the literals d) and
e) will enter into force two years after the entry into force of the FTA.

Page 11

ARTICLE 24. APPLICATION SUBMISSION DATE. *
Once the application has been submitted, the Registry will note the date and time of its presentation, will assign a number of
file and deliver receipt of the application and the documents presented to the applicant.
The date of submission of the application will be the date of its receipt by the Registry, always
that at the time of receipt, it would have contained at least the following requirements:
a) That it contains information that allows the applicant or his representative to be identified and indicates the address
in order to
receive
notifications
on
the
b)

What

indicate

the

brand

whose

record

I know

country;
request

or,

1. In the case of word marks with special spelling, shape or color, or figurative marks,
mixed or three-dimensional with or without color, it must be accompanied by a reproduction of the mark;
2. In the case of sound or auditory marks, it will be accompanied by a copy of its reproduction in
material
from
support for;

Y

3. In the case of scent marks, it must be accompanied by support material that may include a copy of the
formula
chemistry
or

process.

c) That it indicates the names of the products or services for which the brand is or will be used; Y
d) Accompanying the proof of payment of the established fee.
* Amended by Article 38, of Congressional Decree Number 11-2006 on 05-30-2006, numerals 2
and 3 of subparagraph b) will enter into force two years after the entry into force of the FTA.

ARTICLE 25. EXAMINATION OF FORM AND FUND.
The Registry will first examine whether the application meets the requirements established in the
Articles 5, 22 and 23 of this law and, then, if the requested trademark is found in any of the cases of
inadmissibility included in articles 20 and 21 of the same.

If, as a result of the examination referred to in the preceding paragraph, the Registry establishes that the application does not
complies with any of the requirements established in articles 5, 22 and 23 of this Law, will leave it in
suspended and will require the applicant to correct within a period of one month the error or
omission, under the warning that if he does not do so, the application will be considered abandoned.
If, when conducting the examination, the Registry finds that the trademark applied for is included in any of the
cases of inadmissibility established in this law, will notify the applicant of the objections that prevent
access admission and will give you a period of two months to comment on the matter. Elapsed said
term without the applicant having answered, or if, having done so, the Registry considers that the
the objections raised, will issue a substantiated resolution rejecting the request.

ARTICLE 26. PUBLICATION OF THE APPLICATION. *
Once the examination referred to in the previous article has been carried out, without having encountered an obstacle to the
application or once this has been passed, the Registry will issue the corresponding edict, which must be published in the Gazette.
Official three times within a period of fifteen (15) days, at the expense of the interested party.

Page 12

The

edict

to)
b)

The
The

shall

Name

Name

of

c)

The

date

d)

The

number

Y

address

representative

of

from

presentation

from

contain:

the

of

applicant,

applicant;

when

it

from
request

e) The brand as requested, and in the case of a sound or auditory brand, its description
graphic, stating that the Registry has available, for interested parties, a copy of the
supporting material of its reproduction for your consultation, if it is an olfactory mark, the description
graphic, stating that the Registry has at the disposal of the interested parties, a copy of the material

the
or

would have;
request;
proceedings;

from

support for

in order to

its

consultation;

f) An enumeration of the products or services, by their names, that will distinguish the brand
correspondent;
g) The class to which the products or services that the brand will distinguish correspond; Y
h) The date and signature of the Registrar or the Registry official designated by the latter for this purpose.
Within the month following the date of the last publication of the edict, the applicant must submit to the
Register the pertinent part of the copies of the Official Gazette where it appeared published. The
Failure to comply with this provision will have the effect that the application is completely abandoned.
right.
* Amended by Article 39, of Congress Decree Number 11-2006 on 05-30-2006; literal e)
It will enter into force two years after the NAFTA enters into force.

ARTICLE 27. OPPOSITION TO THE REGISTRATION.
Any interested person may file an opposition against the application for registration of a trademark
within a period of two months from the date of the first publication of the edict. The
opponent must indicate the factual and legal grounds on which it is based, accompanying or
offering the means of proof in which it supports its claim and, in addition, comply with the provisions of
Article 5 of this Law.
The opposition will be given a hearing to the applicant for the trademark for a period of two months. The answer to
the opposition must satisfy the same requirements mentioned in the preceding paragraph.
If it is necessary to receive means of proof offered by the opponent or the applicant, the
trial opening in the procedure for a period of two months common to both parties.
The Registry at the request and at the expense of the interested party must certify the certifications and issue the reports
that are offered as proof of opposition or of the answer of the same to add them to the
proceedings.

ARTICLE 28. RESOLUTION. *
Once the period for formulating an opposition has elapsed without any opposition having been filed, the Registry
will order that after payment of the respective fee, the trademark is registered and the certificate of
its

record.

If opposition has been filed within the month following the expiration of the terms established in
Article 27 of this law, the Registry will resolve it in a reasoned manner, evaluating the evidence provided. Yes
if more than one opposition has been filed, the Registry will resolve them jointly. If the resolution
is favorable to the request and is firm, the Registry will proceed in accordance with the provisions
of
first

paragraph.

Page 13

If within the month following the date on which the applicant was notified of the resolution that
orders the registration, it does not accredit the payment of the registration fee, the resolution will be void and
Full right will operate the abandonment of the request.
* Amended by Article 40, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 29. RULES TO QUALIFY SIMILARITY.
Both for conducting the substantive examination and for the resolution of oppositions, nullities and / or
Cancellations will be taken into account, among others, the rules indicated below:
a) In any case, preference must be given to the sign already protected over the one that is not protected;
b) Conflicting signs must be examined on the basis of the graphic, phonetic and / or ideological impression that
produce as a whole, as if the examiner or judge were in the consumer's situation
normal of the product or service in question;
c) In the case of brands that have generic or commonly used radicals, the comparative examination must
emphasize non-generic or distinctive elements;
d) Similarities should be given more importance than differences between signs;

e) The signs must be examined in the manner and form in which the products are normally sold,
provide the services or are presented to the consumer, taking into account distribution channels, positions
of sale and type of consumer to whom they are destined;
f) For there to be a possibility of confusion, it is not enough that the signs are similar, but also
that the products or services they identify are of the same nature or that there may be
possibility of association or relationship between them;
g) It is not necessary that there has been confusion or error in the consumer, but the possibility is sufficient
that such confusion or error occurs, taking into account the characteristics, culture and idiosyncrasies
of the normal consumer of the products or services; Y
h) If one of the conflicting trademarks is notorious, the other must be clearly and easily distinguishable from that one.
to avoid any possibility of improper use of its prestige or fame.

ARTICLE 30. TRADEMARK REGISTRATION AND ITS EFFECTS. *
The registration of a trademark may be done manually or by any mechanical means,
appropriate electronic or computerized information and must contain:
a) Name, domicile and nationality of the owner, and place of incorporation if it were a legal person;
b)

Name

c)

of
The

representative

of

headline,

brand

registered

when

was

the

Yes

case;

is

it is:

Page 14

1. Purely verbal, and in the case of word marks with spelling, shape or color
special;

or

2. In the case of a figurative mark, mixed or three-dimensional marks with or without color, a
reproduction
from
the

herself;

3. In the case of sound or auditory marks, their graphic representation or description will be included according to
be
the

case;

4. In the case of olfactory marks, their graphic representation or description will be included, as the case may be.
demand.
d) A list of the products or services that distinguishes the brand, indicating the class number;
e) Special reservations or waivers related to typefaces, colors and their combinations;
F)

The

dates

on

what

I know public

the

edict

on

the

Daily

Official;

g) If priority has been invoked, the name of the country or regional office in which the
previous application, its filing date and number, if assigned; Y
h)

The

number

from

record,

date

Y

the

firm

of

Recorder.

The Registry will deliver the trademark registration certificate to the holder, which may be a photocopy
certificate of registration and that, in any case, must contain the data that appears in the
corresponding inscription. A copy of the registration certificate must be added to the file
respective.
The registration of a trademark will be done without prejudice to the best third party right and under the exclusive
responsibility of the applicant for the same.
* Amended by Article 41, of Congress Decree Number 11-2006 on 05-30-2006; the numerals 3
and 4 of subparagraph c) will enter into force two years after the entry into force of the FTA.

SECTION THREE
VALIDITY, RENEWAL AND MODIFICATION OF THE REGISTRY
ARTICLE 31. VALIDITY OF THE REGISTRATION AND RENEWAL.
The registration of a trademark will be valid for ten years, counted from the date of registration.
It may be renewed indefinitely for equal and successive periods of ten years, counted from the date of
preceding expiration date.

ARTICLE 32. RENEWAL PROCEDURE.
The renewal of the registration of a trademark must be requested from the Registry, within the year prior to the
expiration of each period. It may also be submitted within a grace period of six months.
after the expiration date, in which case it must be paid in addition to the renewal fee
corresponding to the surcharge that is established. During the grace period, the registry will maintain its
full validity.
The renewal request must contain:
a) Name of the owner and name of his representative in the country, if applicable; Y

Page 15

b) Registration number and identification of the trademark that it protects.
With the renewal application, the document that accredits the representation must be presented, the
proof of payment of the respective fee and surcharges, if applicable.
Once the requirements set forth in the preceding paragraphs have been fulfilled, the registry will settle the renewal without further ado
procedure, by reason made in the registration of the same. The renewal will not be subject to examination
of fund or publication and will produce effects from the date of the last expiration, even when the
renewal had been requested within the grace period. The holder will be given a certificate that
certify the renewal.

ARTICLE 33. DIVISION OF THE REGISTRY.
The owner of a registration may request at any time that it be divided, in order to separate in two
or more registrations the products or services covered by the initial registration, even if they correspond to the
same class. Each fractional registration will keep the date of the initial registration, as well as the validity of the
record subject to division.
The request for division will be resolved favorably by the Registry if it is formulated by the owner or his
representative, with signature legalized by a notary, specifically detailing the products or services
covered by each fractional registration and accompanying the proof of payment of the fees
respective.
By virtue of the division, the Registry will proceed to cancel the original registration and carry out as many
new inscriptions as fractional registers resulting from it, in which the
rights of third parties that appear in the original registration. Each of the fractional records
must be identified with a different number, but the registration must refer to the registry
original. The Registry will issue to the owner of the trademark, a certificate for each one of the registries
fractional.

ARTICLE 34. CORRECTION AND LIMITATION OF THE REGISTRY.
The holder of a registration may request at any time that his registration be modified to correct
some mistake. Correction will not be admitted if it implies an extension of the list of products or
services covered by the registry, or a change in the brand, unless these are necessary to
rectify an error attributable to the Registry, in which case the payment of any fee will not proceed.
The holder of a registration may request at any time that the list of products be reduced or limited or
services covered by the registry, the request must contain your signature legalized by a notary. When
any right in favor of a third party appears registered in relation to the trademark, the reduction or limitation
It will only be registered if its consent is in writing and signed by a notary public.
The correction or restriction will be recorded in the respective registration, by means of a signed and sealed reason.
by the Registrar, of which certification will be delivered to the applicant.

SECTION FOUR
RIGHTS, LIMITATIONS AND OBLIGATIONS
ARTICLE 35. RIGHTS CONFERRED BY THE TRADEMARK REGISTRATION. *

Page 16

The registration of a trademark will grant its owner the exclusive right to use it and the rights to:
a) Prevent all third parties that do not have the consent of the owner, from employing in practice
trade, identical or similar signs, including geographical indications, for products and
services that are related to the products and services for which the owner's trademark is registered,
in cases where such use would result in the likelihood of confusion. In the case of use
of an identical sign, including a geographical indication to identify identical goods or services, is
will suppose
what
exists
the
probability

from

confusion;

b) Oppose the registration of an identical or similar distinctive trademark, including geographical indications,
to identify products the same or similar to those for which the trademark has been registered, or
for different products or services, even if they are included in another class of brand classification,
when they could cause confusion or risk of association with that brand or imply an exploitation
undue of the notoriety of the brand or may cause the weakening of its distinctive force,
whatever the manner or means by which the trademark was made known;
c) Judicially terminate the use, application or placement of the trademark or distinctive trademark
identical or similar, including geographical indications, by an unauthorized third party, in the
cases

following:

1) To identify products equal or similar to those for which the trademark has been registered, or
for different products or services when they could cause confusion and also for products that
relate to the services for which the trademark has been registered or used, with the understanding that
in the case of the use of an identical trademark for identical products or services, it will be assumed that there is
confusion;
2) With respect to wrapping, packaging, packaging, bottles, cans, boxes or the packaging of
said products, when this could cause confusion, the risk of association of the brand with that
other
product
or
the
weakening
from
its

force

distinctive;

or

3) To identify identical or similar products to those that are identified with a well-known brand,
whether or not it is registered, when such use could cause confusion, or, in the case of products or
different services, if and when such use could indicate a connection between said products or services
and the trademark owner, which could likely erode the interest of the trademark owner very
known.
d) That the competent authorities prohibit or suspend the importation or entry of products that
are included in the situations provided for in literal c) above;
e) The compensation of the damages and losses that have been caused by the use, use, application,
placement,
import
or
income

improper;

f) Report crimes committed to the detriment of their rights and criminally accuse those responsible;
g) Request and obtain the precautionary measures provided for in this law, in the cases mentioned in the
literal
c)
Y
d)
from
this
Article
Y
also,

against

1) Delete or modify the trademark for commercial purposes, after it has been applied
or
placed
rightfully
on

Who:

the

products;

2) Without authorization of the owner, they manufacture labels, containers, wrappings, packaging or other materials
analogs
what
reproduce
or
contain

the

brand;

3) Fill or reuse for commercial purposes containers, wrapping or packaging bearing the mark
for the purpose of giving the appearance that they contain the original product; Y
4) Commit or attempt to commit acts of unfair competition against you.
h) Demand the intervention of the competent authorities in order to protect and respect their rights
as holder of distinctive signs and to avoid possible infractions and economic or commercial damages
derived from an infringement or the weakening of the distinctive force or commercial value of its
trademarks, or the unfair use of the prestige of the trademark or its owner; and
i) Require the intervention of the competent judicial authority to cancel or transfer the registration of a
domain name obtained in bad faith, when it constitutes the reproduction or imitation of a trademark
well-known, the use of which is likely to cause confusion or the risk of association or that
weaken or affect its distinctive strength.

Page 17

* Amended by Article 42, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 35 BIS. * IMPROPER USE OR APPLICATION OF DISTINCTIVE BRAND.
For the purposes of the provisions of literal e) of article 35 of this law, the following acts, including
Others constitute improper use or application of a distinctive trademark in commerce and those who
commit
incur
on
responsibility
1) Introduce in the trade, sell, offer for sale or distribute products or services included in
the
cases
planned
on
the
literal
c)
two)

To import,

to export,

to stock

or

Y

g)

transport

penal:

from

this

sayings

Article;

products;

Y

3) Use the brand in advertising, publications, commercial documents or written communications or
orally, regardless of the means in which it is carried out, if it produces a commercial effect within the
country, without prejudice to the applicable advertising regulations.
Added by article 43 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

ARTICLE 36. LIMITATIONS ON THE RIGHT ON THE TRADEMARK.
The registration of a trademark will not confer the right to prohibit a third party from using in relation to products
or services legitimately placed in the trade:
a) Your name or address, or those of your commercial establishments;
b) Indications or information about the characteristics of its products or services, among others the
referred to its quantity, quality, use, geographical origin or price; Y
c) Indications or information on availability, use, application or compatibility of its
products or services, in particular in relation to spare parts or accessories.
The limitation referred to in the previous paragraph will operate provided that such use is made in good faith and is not
capable of causing confusion about the business origin of the products or services.

ARTICLE 37. EXHAUST OF THE RIGHT.
The registration of the trademark does not confer on its owner the right to prohibit the free movement of products.
that they carry it legitimately and that they have entered the trade, in the country or abroad,
by said owner or by another person with the consent of the owner or economically linked to him, to
condition that these products and the containers or packaging that were in immediate contact with
they had not suffered any modification, alteration or deterioration.
For the purposes of the previous paragraph, it will be understood that two people are economically linked
when one can directly or indirectly exert a decisive influence on the other with respect to the
exploitation of the rights over the trademark, or when a third party can exert such influence on both
people.

Page 18

ARTICLE 38. ELEMENTS NOT PROTECTED IN COMPLEX TRADEMARKS.
When the trademark consists of a label or other sign composed of a set of elements
nominative or graphic, the protection will not extend to the elements contained in it that were of
common or necessary use in commerce.

ARTICLE 39. ADOPTION OF A FOREIGN TRADEMARK AS A COMPANY NAME OR NAME.
You will not be able to register in a public registry, a company or a legal person, whose name, reason
company name or name includes a distinctive sign protected in the name of a third party, if this could
cause confusion, unless that third party gives your written consent.

ARTICLE 40. INDICATION OF ORIGIN OF PRODUCTS.
All products that are marketed in the country must clearly indicate in Spanish the
place of production or manufacture of the product, the name of the producer or manufacturer, and the link or
relationship between said producer or manufacturer and the owner of the trademark used on the product, when no
were the same person, without prejudice to the rules on labeling and consumer information that
applicable.

SECTION FIVE
DISPOSAL, CHANGE OF OWNER'S NAME AND USE LICENSE
ARTICLE 41. ALIENATION AND CHANGE OF NAME.
The right to a trademark registered or in the process of registration can be alienated by act between living
or transferred by succession. The sale contract must be in writing, in a public deed or
private document with signatures legalized by a notary, but if it is granted abroad, the document
It must be duly legalized and, if it is written in a language other than Spanish,
It must have a sworn translation.
If the trademark owner changes his name, business name or denomination for any reason, said
The change must be noted in the registration of the trademark, for which purpose it must be accredited to the
Registration with the corresponding documentation, the provisions of the previous paragraph being applicable in the
relevant.
For the transfer or change of name of the owner to take effect against third parties, you must register
in the Registry.

ARTICLE 42. REQUEST FOR REGISTRATION OF ALIENATION OR CHANGE OF NAME.
The request for registration of a transfer or change of name will contain:

Page 19

a) The name, company name or denomination of the registered owner and the new owner or the new name,
business name or name of the owner and their addresses;
b) The trademark or trademarks affected by the transfer or change of name and indication of its records or of the
file number in which they are processed; Y
c) Title by virtue of which the transfer or change of name is carried out.
The request can be made by the registered owner or by the new owner or their representatives, in
jointly or by only one of those parties and the documentation that
accredit the sale or change of name and proof of payment of the respective fee.

ARTICLE 43. FREE DISPOSAL OF THE BRAND.
The sale of a trademark can be done independently of the company or part of the company.
company of the right holder, and with respect to all, some or one of the products or services for
which the brand is registered, but in case the sale does not include all the products,
the division of the registry must be previously or simultaneously requested. The sale and its
corresponding registration, if the change in ownership of the right is likely to cause a
risk of confusion.

ARTICLE 44. DISPOSAL OF TRADEMARKS TOGETHER WITH THE COMPANY.
The sale of a company includes the right to any trademark that is related to it and that
makes up its commercial name, unless otherwise stipulated.

ARTICLE 45. TRADEMARK USE LICENSE. *
The owner of the right to a registered trademark can grant the license to a third party to use the
brand. The license agreement must be in writing; If it is granted in a language other than Spanish, the
Document must be duly legalized and have a sworn translation.
Unless otherwise stipulated in the license agreement, the following shall apply
rules:
a) The licensee shall have the right to use the mark during the entire term of its registration, including its
renewals, throughout the country and with respect to all products or services for which
will be
registered
the

brand;

b) The license may not be assigned by the licensee, who may not grant sublicenses and will not be
exclusive,
being able
the
headline
grant

other

c) The exclusive licensee may exercise in his own name the legal actions for the protection of the
brand,
What
Yes
outside
the
headline
from

licenses;

the

herself;

Y

d) When the license has been granted as exclusive, the holder may not grant other licenses in
the country for the same brand, for the same products or services, nor can you use the brand yourself
in the country regarding those products or services.
* Amended by Article 44, of Congress Decree Number 11-2006 on 05-30-2006

Page 20

ARTICLE 46. REGISTRATION OF THE LICENSE. *
Registration of the licenses of a trademark is not required to establish the validity of the license, to affirm the
rights to a trademark or for other purposes. If you choose to register the user license, the request may
be presented by the owner of the trademark or by the licensee and must contain:
a) The name, business name or denomination of the owner and the licensee and their address;
b) The trademark or trademarks that are the object of the license and indication of their records;
c)

The

term

from

the

license,

Yes

d) Indication of whether the license is exclusive or not, and the conditions, pacts or restrictions agreed upon with
respect
to the
use
from
the
and)

Resume

from

the

arrangements

relative

to the

control

it

have;

brand;
from

Y
the

quality.

The request must be accompanied by a copy of the license agreement or a summary thereof, signed
by the parties, containing the information referred to in the previous paragraph, and the payment receipt
of the corresponding rate. If the license agreement or its summary has not been granted in
Guatemala, the document must be duly legalized and with a sworn translation into Spanish, if
whatever
the
The license agreement may contain provisions that ensure, by the owner, control of the
quality of the products or services that are the object of it, if applicable.
At the request of any interested person and after hearing the owner of the trademark registration and the
licensee for the common term of fifteen (15) days, the competent judge may prohibit the use of the trademark
by the licensee when, due to a lack of adequate quality control or due to an abuse of the
license, confusion, deception or harm to the consuming public occurs or may occur.
Regarding the matter regulated by this law, franchise contracts will also be governed by
the provisions of this chapter.
* Amended by Article 45, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 47. PROCESSING OF THE APPLICATION. *
If the application for registration of transfer, change of name or license of use meets the requirements
legal, the Registry will issue a resolution ordering that the corresponding annotation be made in the
registrations and applications of the affected trademarks and will issue an edict that must be published at the expense
of the interested party once in the Official Gazette. Once the publication has been made, the Registry will deliver to the interested party a
certification
what
credit
the
inscription
correspondent.
In the case of a user license registration request, confirmed the fact that it has been fulfilled
with the legal requirements, the Registry will proceed to register and issue the certificate
correspondent.
* Amended by Article 46, of Congressional Decree Number 11-2006 on 05-30-2006

Page 21

CHAPTER II
COLLECTIVE BRANDS
ARTICLE 48. APPLICABLE RULES.
Except for special provisions contained in this Chapter, the
rules on trademarks contained in this law and, particularly, regarding procedures, validity,
renewal, termination and modification of the registry.

ARTICLE 49. REGISTRATION APPLICATION.
In addition to the requirements established in articles 22 and 23 of this law, the application for registration of a
collective mark must indicate that its object is a collective mark and include three copies of the regulation
of employment of the same.
The regulations for the use of the collective mark must specify the common characteristics or qualities
that will be common to the products or services for which the brand will be used, the conditions and
modalities under which it may be used and the people who will have the right to use it. Also
It will contain provisions conducive to ensuring and controlling that the trademark is used in accordance with its
employment regulations, and penalties in case of non-compliance with them.

ARTICLE 50. EXAMINATION OF THE APPLICATION.
The substantive examination of the application for registration of a collective mark will include verification of the
compliance with the requirements of article 49 paragraph two of this law.

ARTICLE 51. REGISTRATION.
Collective trademarks will be registered in the same trademark registry. It should be kept in a file
special, within the Registry, a copy of the brand's employment regulations.

ARTICLE 52. CHANGES IN THE EMPLOYMENT REGULATIONS.
The owner of a collective mark shall notify the Registry of any change introduced in the regulations of
use of the collective brand. Said changes will be registered in the Registry upon payment of the fee.
established and will take effect from the filing date.

ARTICLE 53. COLLECTIVE BRAND LICENSE.
A collective trademark may not be licensed for use in favor of persons other than those
authorized to use the brand in accordance with its employment regulations.

Page 22

ARTICLE 54. USE OF THE COLLECTIVE TRADEMARK.
The owner of a collective mark may use the mark himself provided that it is also used by the
people who are authorized to do so in accordance with the brand's employment regulations.

CHAPTER III
CERTIFICATION MARKS
ARTICLE 55. APPLICABLE RULES.
Except for special provision of this Title, the norms on certification are applicable to
trademarks contained in this law and, particularly, regarding procedures, validity, renewal,
extinction and modification of the registry.

ARTICLE 56. OWNERSHIP OF THE CERTIFICATION MARK.
An entity or institution of private or public law may be the owner of a certification mark,
national, regional or international, competent to carry out quality certification activities.

ARTICLE 57. FORMALITIES FOR REGISTRATION.
The application for registration of a certification mark must be accompanied by a regulation for the use of the
brand, which will establish the characteristics guaranteed by the presence of the brand and the way in which it is
will exercise quality control before and after the use of the mark is authorized. The regulation shall
have been previously approved by the administrative authority that is competent according to the
product or service in question and will be registered together with the brand.

ARTICLE 58. VALIDITY OF THE REGISTRATION.
When the owner of the registration of the certification mark is an institution governed by public law, the
Registration will be valid indefinitely, extinguishing with the dissolution or disappearance of its holder. If he
The holder of a certification mark is a person of private law, the registration will be valid for
ten years, counted from the date of registration and may be renewed in the same way as the
brands. The registration of a certification mark may be canceled at any time at the request of your
headline.

ARTICLE 59. USE OF THE CERTIFICATION MARK.

Page 23

The owner of a certification mark shall authorize the use of the mark to any person whose product or
service, as the case may be, comply with the conditions established in the regulations for the use of the brand.
The certification mark may not be used for products or services produced, provided or
marketed by the trademark owner himself.

ARTICLE 60. TAXATION AND DISPOSAL OF THE CERTIFICATION MARK.
A certification mark by its nature may not be subject to any encumbrance, embargo or other
Precautionary order or judicial execution.
The certification mark may only be transferred with the entity that owns the registration. In case of
dissolution or disappearance of the owner entity, the certification mark may be transferred to another entity
suitable, with prior authorization from the administrative authority that approved the regulation.

ARTICLE 61. RESERVATION OF THE EXTINGUISHED CERTIFICATION MARK.
In accordance with the provisions of article 20 paragraph one literal p), a certification mark whose
registration expires, was annulled, canceled or ceased to be used due to dissolution or disappearance of its holder,
It may not be used or registered as a distinctive sign for a period of ten years from the date of
the annulment, expiration, dissolution or disappearance, as the case may be.

CHAPTER IV
EXTINCTION OF THE TRADEMARK REGISTRATION
ARTICLE 62. CAUSES OF EXTINCTION.
The registration of a trademark is extinguished:
a) Due to the expiration of the term, if its renewal has not been requested in time;
b) By cancellation at the request of the owner;

case.

c) Due to cancellation due to the genericization of the brand;
d) Due to lack of use of the brand; Y
e) By final judgment of a competent court.

ARTICLE 63. EXPIRY.
The expiration due to the expiration of the term of a registration operates by right and can be declared
office or at the request of a party. The timely submission of the application for renewal of a registration will not give
place to the expiration of the same, unless the request does not conform to what for this purpose requires
this law.

Page 24

ARTICLE 64. VOLUNTARY CANCELLATION.
The owner of a trademark may at any time request the cancellation of that registration or the restriction in
regarding the products or services it supports. The cancellation request must contain a signature
legalized by a notary and accompany the proof of payment of the corresponding fee.

ARTICLE 65. CANCELLATION BY GENERATION OF THE BRAND.
At the request of any interested person, the competent judicial authority may order the cancellation
of the registration of a trademark or limit its scope when its owner had caused or tolerated that it
become the generic name of one or more of the products or services for which it was
registered.
It will be understood that a brand has become a generic name when in the commercial media and
for the public, said trademark has lost its distinctive character as an indication of the business origin of the
product or service to which it applies. For these purposes, the following facts must concur with
relation to that brand:
a) The need for competitors to use the sign in view of the absence of another suitable name
to designate or identify in the trade the product or service to which the mark is applied;
b) The widespread use of the brand by the public and in commercial media, as a common name or
generic of the respective product or service; Y
c) Ignorance of the trademark by the public as a distinctive sign of a business origin
determined.

ARTICLE 66. CANCELLATION DUE TO LACK OF USE OF THE TRADEMARK.
At the request of any interested person and after hearing the owner of the trademark registration, the
competent judicial authority will cancel the registration of a trademark when it has not been used
during the five years preceding the date on which the cancellation action is promoted. Application
cancellation will not proceed before five years have elapsed from the date of registration of the
brand. The cancellation of a registration due to lack of use may also be requested as a defense against a
objection of the Registry, a third party opposition to the registration of the trademark, a request for a declaration of
invalidity of a registration or an action for infringement of a registered trademark. In these cases the cancellation
It will be resolved by the competent judicial authority.
When the use of a trademark starts after five years have elapsed from the date of grant
of the respective registry, such use will prevent the cancellation of the registry only if it had been initiated by
at least three months before the date on which the cancellation was requested
When the lack of use will only affect one or some of the products or services for which there is
the trademark has been registered, the cancellation of the registration will be resolved in a reduction or limitation of the list
of respective products or services, eliminating those for which the trademark has not been used.
It will be understood that a registered trademark is in use when the products or services that it
distinguishes have been placed on the market or are available in the quantity and manner that
normally corresponds, taking into account the size of the market, the nature of the products or
services in question and the modalities under which they are marketed. Also

Page 25

constitutes use of the trademark its use in relation to products destined for export from the
national territory, or in relation to services provided abroad from the national territory.
A registered trademark must be used in commerce as it appears on its registration; however use
of the trademark in a way that differs from the way it is registered only with respect to details or
elements that are not essential and that do not alter the identity of the brand, will not be a reason for the
cancellation of the registration nor will it diminish the protection it confers on you. The use of a trademark by
part of a licensee or other person authorized to do so will be considered as carried out by the
owner of the registry, for the purposes related to the use of the trademark.
The registration of a trademark will not be canceled due to lack of use when the lack of use is due to reasons
justified. Circumstances that arise regardless of the will will be recognized as such.
of the trademark owner and that constitute an obstacle to the use of the same, such as restrictions on
importation or other official requirements imposed on the products or services protected by the brand.
The burden of proof of the use of the trademark will correspond to the owner of the trademark. The use of the trademark is
accredited by any admissible means of proof that shows that the trademark has been used
effectively.

ARTICLE 67. NULLITY AND CANCELLATION OF THE REGISTRATION.
The action to declare the nullity or voidability of a registration may be raised if it is
obtained in contravention of the provisions of articles 20 and 21 of this law, respectively.
If the registration was obtained in contravention of the provisions of article 20, or if the registration has been obtained
in bad faith, it will suffer from absolute nullity and consequently it will be revocable at any time. On
In this case, the action for annulment will be presented before a judge of first instance of the civil branch, by the
Office of the Attorney General of the Nation when it affects the interests of the State or by any person
consider affected.
If the claim is based on a violation of the provisions of article 21, the registration will be voidable. The
Respective action can only be brought by the injured party or by the person affected in the matter. Which
has filed an opposition against the registration, it is not an obstacle to the exercise of that action, unless the
case had been resolved by the Administrative Litigation Tribunal.
The nullity of the registration of a trademark may not be declared for reasons that are no longer applicable.
at the time of resolving the nullity.
When the grounds for invalidity are only given with respect to one or some of the products or services
for which the trademark was registered, nullity will be declared only for those products or
services, and will be removed from the respective list in the trademark registration.
For the purposes of this article, bad faith is presumed in the following cases:
a) If the record was obtained based on false or inaccurate data, provided by the applicant;
b) If the applicant is or has been an agent, representative, client, user or distributor, or has or
has maintained any other relationship with the person who in another country has registered, or requested
prior registration of the sign in question, or other similar and confusing, unless authorized
of the legitimate owner;
c) If the sign affects a notorious trademark or other well-known sign, in accordance with the provisions of the
literal c) of article 21 of this law; Y
d) If the applicant, by reason of his activity, knew or should know the existence of the foreign trademark.

Page 26

The nullity or voidability of a registration of a collective or certification mark must be declared on the
all the products or services that it protects and, in addition, will constitute grounds to promote its
nullity if the regulations for the use of the trademarks in question are contrary to the provisions of this
law, morality or public order; the fact that the trademark has been registered without meeting the requirements
related to employment regulations or when their use contravenes legal or regulatory provisions
applicable or in such a way that their function is denatured.

CHAPTER V
EXPRESSIONS OR ADVERTISING SIGNS
ARTICLE 68. APPLICABLE RULES.
Except for special provision of this Title, they are applicable to the expressions or advertising signs
trade the rules on trademarks contained in this law and, particularly, regarding procedures,
validity, modification, renewal and termination of the registry.

ARTICLE 69. PROHIBITIONS.
An expression or advertising signal may not be registered if the whole of it or any of its
elements are found in the following cases:
a) Are included in any of the prohibitions contained in article 20 of this law;
b) It is the same or similar to another that has already been registered or requested for registration by a third party;
c) It includes a foreign distinctive sign, or one similar to it, without due authorization;

d) It is liable to cause confusion regarding the products, services, company or establishment of
a third; Y
e) They are included in any of the prohibitions detailed in subparagraphs c), d), e), f), g) and h) of the
Article 21 of this law.

ARTICLE 70. SCOPE OF PROTECTION.
The protection conferred by the registration of a commercial advertising expression or signal covers the
expression or signal as a whole, and does not extend to its parts or elements considered separately.

CHAPTER VI
TRADENAMES
ARTICLE 71. RIGHT ON THE COMMERCIAL NAME. *

Page 27

The exclusive right over a commercial name is acquired by its first public use in commerce and
only in relation to the business or commercial activity of the company or establishment that it identifies.
The exclusive right over a commercial name ends in the event of closure of the establishment or
suspension
from
activities
from
the
business
for

more

from

six

months.

The registration of the commercial name in the Registry is not necessary to exercise the rights that this law
granted to the holder.
* Amended by Article 47, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 72. INADMISSIBLE COMMERCIAL NAMES.
A trade name that:
a) It cannot be sufficiently differentiated from another trade name previously used by another
businessman dedicated to the same business or commercial activity;
b) Consists, totally or partially, in a designation or another foreign sign or that is contrary to morality or
public order;
c) Is liable to cause confusion in the commercial media or in the public about the identity, the
nature, activities, business line or any other aspect related to the company or the
establishment identified with it, and
d) Is liable to cause confusion in the commercial media or in the public about the origin
company, the origin or other characteristics of the products or services that the company produces or
markets.

ARTICLE 73. PROTECTION OF THE COMMERCIAL NAME.
The owner of a trade name will enjoy the rights granted to the owner of a registered trademark by the
Article 35 of this law and, particularly, may act against any third party who, without their consent
use in trade a distinctive sign identical to the protected trade name, or a distinctive sign
similar when this is likely to cause confusion or a risk of association with the company
of the owner or with their products or services.

The protection of the trade name also includes the right of its holder to oppose the registration of
a trademark or an expression or sign of commercial advertising or other distinctive sign that affects your right.

ARTICLE 74. REGISTRATION OF THE COMMERCIAL NAME.
The owner of a commercial name may request its registration in the Registry and it will be carried out without
prejudice to the best right of a third party. The registration will be declarative and valid indefinitely, but
It will extinguish in the cases established in article 71 of this law. Registration may also be canceled
at any time at the request of the owner. The registration will be canceled by the Registry, upon verification
any of the situations mentioned in article 71 of this law. The cancellation request only
may be promoted by an interested third party at any time, in accordance with the procedure that
establishes this law for the case of opposition to the registration of a trademark.

Page 28

The registration of a trade name may be canceled in the same cases provided for the cancellation
of the registration of a trademark.

ARTICLE 75. PROCEDURE FOR REGISTRATION OF THE COMMERCIAL NAME.
The registration of a commercial name, its modification and its cancellation will be carried out following the
procedures established for the registration of trademarks, as pertinent. In any case, the Registry
will examine whether the trade name conforms to the provisions of this chapter.
The application for registration of a trade name must comply, as appropriate, with what is provided by the
article 22 and the documentation detailed in article 23 must be attached to it, both of
this law. The classification of products and services will not be applicable to the registration of the commercial name.
used for trademarks.

ARTICLE 76. DISPOSAL OF THE COMMERCIAL NAME.
The trade name can only be transferred together with the company or establishment that employs the
trade name, or with that part of the company or establishment that uses it. In the cases
of alienation of a registered trade name or registration process, as well as in relation to
With the change of name of owner and licenses of use, the procedures and provisions will be applicable
relating to trademarks, as appropriate.

CHAPTER VII
EMBLEMS
ARTICLE 77. PROTECTION OF THE EMBLEM.
The protection and registration of the emblems will be governed by the provisions relating to the trade name
contained in this Law.

CHAPTER VIII
GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN
SECTION ONE
GEOGRAPHICAL INDICATIONS
ARTICLE 78. USE OF GEOGRAPHICAL INDICATIONS.
A geographical indication may not be used in commerce in relation to a product or service,
when such indication is false or misleading with respect to the geographical origin or qualities of the product
or service or when its use could lead the public to confusion regarding the origin, provenance,
characteristics or qualities of the product or service.

Page 29

ARTICLE 79. USE IN ADVERTISING.
It may not be used in advertising or in commercial documentation related to the sale, exhibition or offer.
of products or services, a geographical indication liable to cause error or confusion about the
geographical origin or qualities of the products or services.

ARTICLE 80. INDICATIONS RELATING TO THE MERCHANT.
Any merchant can indicate his name and address on the products he sells, even when
These come from a different country, provided that the name and address of the manufacturer is presented in
sufficiently prominent characters, to avoid any error about the true origin of the
themselves.

SECTION TWO
DESIGNATIONS OF ORIGIN
ARTICLE 81. HOLDER OF A DESIGNATION OF NATIONAL ORIGIN. *
The State of Guatemala will be the holder of the national denominations of origin and, consequently, to
Through the Registry, it will ensure that they are used only by the persons or entities to
referred to in paragraph two of this article. By their nature, appellations of origin may not
be subject to alienation, embargo or license. Foreign appellations of origin may be governed
by the provisions of the treaties entered into by the Republic of Guatemala.
Only producers, manufacturers or artisans who carry out their activity in the designated place
by a designation of origin and that they have the corresponding authorization from the
appellation administration, they may commercially use appellations of national origin
on your products. The State and any of the producers, manufacturers or artisans who use a
previously protected designation of origin, or the associations that group said producers,
manufacturers or artisans, will have the right to oppose the subsequent registration of said denomination as
trademark and to prevent its use in relation to products of the same genre that do not originate from the place,
when
saying
use
could
cause

confusion.

Foreign persons or entities will also have the right to request the use of the denomination.
originally.
* Amended by Article 48, of Congressional Decree Number 11-2006 on 05-30-2006

ARTICLE 82. PROHIBITIONS. *
A sign may not be registered as a denomination of origin:
a) That does not correspond to the definition of appellation of origin contained in article 4 of this law;
b) That is contrary to good customs, morals or public order, or that could be misleading
on the geographical origin, the nature, the way of manufacture, the characteristics or qualities, or
the
fitness
in order to the
job
or
the
consumption
from

the

respective

products;

Page 30

c) That it constitutes the common or generic name of a product, being considered common or generic
a denomination when those familiar with that type of product or service consider it as such;
d) That it may be confusingly similar to a trademark applied for before in good faith and that it is
on
process
from
to be
e) That it may be confusingly similar to a previously registered trademark and that is in force from
accordance
with
is

registered;

law;

or

d) That it may be confusingly similar to a trademark that has become well known in
Guatemala before the date for which protection of the appellation of origin is sought.
A denomination of origin may be registered accompanied by the generic name of the product or service
respective or an expression related to that product, but the protection will not extend to the
generic name or expression used.
* Amended by Article 49, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 83. ACTIONS.
The illegal use of an appellation of origin will give rise to the actions provided for in the law, even in
those cases in which indications such as "gender", "type",
"manner", "imitation" or other similar ones that confuse the consumer or imply an act of
unfair competition.

ARTICLE 84. REGISTRATION OF DESIGNATIONS OF ORIGIN.
They may request the registration of a denomination of national origin, one or more individual persons or
legal entities, which are producers, manufacturers or artisans who have their establishment in the region or in
the locality to which the appellation of origin corresponds. An appellation of origin may also
be requested by the Ministry of Agriculture, Livestock and Food, or the Ministry of Culture and
Sports in which case the request will not be subject to payment of any fee.

ARTICLE 85. REGISTRATION APPLICATION. *
The application for registration of a designation of origin must contain:
to)

Data

general

of

applicant

or

from

its

representative

b) If the applicant is a legal entity, an indication of the activities in which he or she is engaged and the place where
where their establishments are located, when they are engaged in the production or manufacture of
product
appointed
for
the
denomination
c)

The

denomination

from

source

whose

legal;

from

record

source;

I know

requests;

d) The geographical area of ​production, which includes the appellation of origin;
e) A detailed description of the finished product or products that will include the name of
origin, including its essential characteristics or qualities, components, form of extraction and
processes
from
production

or

elaboration;

Page 31

f) Detailed identification of the links between denomination, product and territory; Y
g)

All

information

what

I know

consider

necessary

or

relevant.

The application must prove that the productive or artisanal activity in question has been carried out
in the region or town that gives rise to the request, at least during the previous two years. The
Application for registration will accrue the established fee, except when registration is requested by a
public entity.
* Reformed literal b) by Article 50, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 86. REGISTRATION PROCEDURE. *
The application for registration of an appellation of origin will be examined in order to verify if it conforms
to the provisions of this law. The procedure established for the
trademark registration, with the sole exception that in this case no title will be issued.
If the Registry considers that the documentation presented does not satisfy the legal requirements or that the
themselves are insufficient for the understanding and analysis of any of the elements of the
application, will require the applicant to make the necessary clarifications or additions, setting a deadline for this
two months. If the applicant does not comply with the requirement within the established period, the application will be
will consider

abandoned.

When the request satisfies the legal requirements, the Registry will publish an extract of the same in the
Official Gazette only once. The term to file opposition or observations runs from the date of
the publication. In this case, the provisions relating to trademark applications will be applicable.
contained in articles 26, 27 and 28 of this law. In the case of nullity of registration, the
procedure established in article 201 of this law.
* Reformed the third paragraph by Article 51, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 87. RESOLUTION OR REGISTRATION.
The resolution by which the registration of a denomination of origin and the respective registration is ordered,
must indicate:
a) The defined geographical area of ​production whose producers, manufacturers or artisans will have the
right to use the denomination;
b) The products to which the denomination of origin will be applied; Y
c) The essential qualities or characteristics of the products to which the denomination will be applied
of origin, except in cases where the nature of the product or some other circumstance does not
it was possible to specify such characteristics.
The resolution referred to in the preceding paragraph must be published only once in the official gazette.
and the denomination of origin will be protected as of the day following that publication.
Within a period of no more than six months from the publication referred to in the paragraph
above, applicants must prepare and submit to the Registry the regulations corresponding to the use and
administration of the appellation of origin in question. The Registry and the Ministries of Agriculture,
Livestock and Food and Culture and Sports, must be part of the administration body of
each appellation of origin. No authorization of use may be granted for a denomination of

Page 32

origin, until such regulation is approved by the Registry and published in the official gazette by
just one time.

ARTICLE 88. VALIDITY OF THE REGISTRATION.
The registration of a denomination of origin will be valid indefinitely and will be determined by the
subsistence of the conditions that motivated it.

ARTICLE 89. MODIFICATION OF THE REGISTRY.
The respective registration may be modified at any time, when any of the
information contained in paragraph one of article 87 of this law. The modification request will accrue
the fixed rate, when applicable, and will be subject to the provisions of this chapter and in what corresponds to
the provisions set forth in this law regarding trademarks.

ARTICLE 90. RIGHT TO USE A DESIGNATION OF ORIGIN. *
In order to use an appellation of origin, the corresponding authorization must be obtained from the
administrative body, in accordance with the regulations that have been approved for it. Is
authorization of use will be granted when the study of the application and the reports or opinions that are
necessary to collect, it is established that the requirements demanded by this law, which determine its
regulations and those established in the regulations for the use of the appellation of origin in question, for
it
which
I know they can
drink
on
consideration
the

following

a) That the applicant is directly engaged in the production, manufacture or craft activity of the
products
protected
for
the
denomination

from

criteria:

source;

b) That the applicant carry out such activity within the territory covered by the denomination according to the
correspondent
resolution
of
Registry;
c) That the applicant certify that he has carried out the productive or artisanal activity in question, in the
region or locality that covers the appellation of origin at least during the two (2) years
previous
to
its
Who or who are authorized, in accordance with the provisions of this law, to make use of
a registered designation of origin, you must use it together with the expression "DENOMINATION OF
ORIGIN ". The appellation of origin is independent of the brand that identifies the product from which it is
try.
The authorization to use a denomination of origin will have a term of ten (10) years,
counted from the date it is granted and may be renewed for equal periods. The user of a
denomination of origin will be obliged to use it as it appears protected, taking into account all
regulations applicable to it and in a way that does not threaten to discredit the name of
try.
* Amended by Article 52, of Congress Decree Number 11-2006 on 05-30-2006

Page 33

TITLE III
INVENTIONS, UTILITY MODELS AND INDUSTRIAL DESIGNS
CHAPTER I
INVENTIONS
SECTION ONE
PROTECTION OF INVENTIONS
ARTICLE 91. MATTER THAT DOES NOT CONSTITUTE AN INVENTION.
They will not constitute inventions, among others:
a) Simple discoveries;
b) Matters or energies in the form in which they are found in nature;
c) Biological procedures as they occur in nature and that do not involve intervention
human, except for microbiological procedures;
d) Scientific theories and mathematical methods;
e) Purely aesthetic creations, literary and artistic works;
f) The economic, advertising or business plans, principles, rules or methods, and those referred to
purely mental or intellectual activities or gambling; Y
g) Computer programs considered in isolation.

ARTICLE 92. * MATTER EXCLUDED FROM PATENTABILITY.
They are not patentable:
a) Diagnostic, therapeutic and surgical methods for the treatment of people or animals;

b) An invention whose exploitation would be contrary to public order or morality, it being understood that the
exploitation shall not be considered contrary to public order or morality solely for the sake of being
prohibited, limited or conditioned by any legal or administrative provision; Y
c) An invention whose commercial exploitation should be prevented in order to preserve the health or life of
people, animals or plants or the environment.
d) Repealed.
* Added literal d) by Article 1 of Decree Number 76-2002 of the Congress of the Republic of
Guatemala.
* Repealed literal d) by Article 3 of Decree Number 09-2003 of the Congress of the Republic of
Guatemala.

Page 34

ARTICLE 93. PATENTABILITY REQUIREMENTS.
An invention is patentable when it is new, inventive and capable of being applied.
industrial. For the specific case of a plant variety, the conditions of patentability of the
same being new, different, homogeneous and stable.

ARTICLE 94. NOVELTY.
An invention is considered to be novel if it is not in the state of the art.
The state of the art will include everything that has been disclosed or made accessible to the public in
anywhere in the world and by any means, before the date of submission of the application for
patent in the country or, where appropriate, before the applicable priority date. It will also be understood
within the state of the art the content of another patent application filed with the Registry, whose
date of presentation or, where appropriate, priority date was prior to that of the application under consideration,
provided that it was applied.
To determine the state of the art will not take into account what had been disclosed within the
year prior to the filing date of the patent application or, where appropriate, the priority date
applicable, provided that such disclosure would have resulted directly or indirectly from acts performed by
the inventor himself or his successor in title, or a breach of contract by a third party or
of an unlawful act committed against any of them.
Neither will the disclosure resulting from a publication made by an office of
industrial property abroad, as a result of a procedure for the granting of a patent, if the
The request that is the subject of that publication had been submitted by someone who did not have the right to
patent, or that the publication had been made by an error attributable to that property office
industrial.

ARTICLE 95. INVENTIVE LEVEL.
An invention shall be considered to have inventive level if, for a person skilled in the art
corresponding technique, it is not obvious nor would it have been derived in an evident way from the state of
of the relevant technique.

ARTICLE 96. INDUSTRIAL APPLICATION. *
An invention is considered capable of industrial application when its object can be produced or
used and has a specific, substantial and credible utility in any type of industry or activity
productive.
* Amended by Article 53, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 97. NOVELTY OF THE VEGETABLE VARIETIES.

Page 35

Y

request.

A variety will be considered new if on the date of submission of the application, the material of
reproduction or vegetative multiplication, or a product of its harvest, had not been sold or
otherwise lawfully delivered to third parties, by the inventor or by another person with his or her consent, for
commercial exploitation of the variety.
The novelty is lost:
a) When the exploitation of the variety in the country has started at least one year before the date
of presentation of the request, or in its case, of the priority that is claimed; or
b) When the exploitation of the variety in another country has started at least four years before
the presentation of the application, or the priority claimed, or six years, in the case of trees and
vines.
The novelty is not lost by the sale or delivery of the variety to third parties, when such acts:
1) Are the result of an offense or abuse to the detriment of the inventor or his successor in title;
2) Be part of an agreement to transfer the right to the variety, as long as it is not
has been physically delivered to a third party;
3) Are part of an agreement according to which a third party increased, on behalf of the inventor, the
stocks of the material for reproduction or multiplication;
4) Are part of an agreement under which a third party performed field or laboratory tests, or
small-scale processing trials to assess variety; or
5) They have as their object the harvest material that had been obtained as a secondary product or
surplus of the variety or of the activities mentioned in numbers 3) and 4) above.

ARTICLE 98. DISTINCTIVITY, UNIFORMITY AND STABILITY.
The variety will be considered different if it is clearly differentiated from any other whose existence
was commonly known on the filing date of the application, or when a
right of priority, on the applicable priority date.
The presentation of an application for the granting of a right for another variety, in any country, or
the application for registration of the same in an official register of varieties, will make commonly known
said variety, as of the filing date of the application, provided that it leads to the
granting of a right or the registration of that other variety, as the case may be.
A variety shall be considered homogeneous if it is sufficiently uniform in its essential characteristics,
taking into account the foreseeable variations depending on the particularities of its form of reproduction
sexed or its vegetative multiplication.
The variety will be considered stable if its relevant characteristics remain unchanged after
successive reproductions or multiplications, or in the case of a particular cycle of reproductions or
multiplications, at the end of each cycle.

ARTICLE 99. RIGHT TO THE PATENT.

Page 36

The right to obtain the patent on the invention corresponds to the inventor. If the invention had been
carried out by two or more people jointly, the right to patent it will belong to them in common.
The right to the patent is transferable by any title.
If two or more people create the same invention independently of each other, you will have better
The right to file the patent application first or who invokes the priority of the earliest date,
as long as that request is not abandoned or denied.

ARTICLE 100. INVENTIONS MADE IN EXECUTION OF A CONTRACT.
When an invention has been made in performance of a contract whose object is to carry out
a research activity, the right to patent it belongs to the person who contracted to carry out
of the investigation, unless otherwise agreed. This provision is also applicable to contracts of
work aimed at conducting an investigation.

ARTICLE 101. INVENTIONS MADE BY A WORKER NOT HIRED TO
INVENT.
When a worker who was not bound by his employment contract to carry out an activity
inventive, make an invention in the field of activities of his employer, or through the use of
data or media to which you had access by reason of your employment, you will immediately communicate this fact
to your employer in writing and, upon request, provide you with the information necessary to understand the
invention.
If within a period of two months from the date on which you received said communication, or
had become aware of the invention by any other means, applying the term that expired
Before, the employer notifies the worker in writing of his interest in the invention, he will have a preferential right
to acquire ownership of the invention and the right to patent it.
In the event that the employer notifies his interest in the invention, the worker will have the right to a
equitable remuneration taking into account the estimated economic value of the invention or at a
participation in the profits, royalties or rents resulting from the commercialization of the invention as
establish contractually between the parties. In the absence of an agreement between the parties, the remuneration
It will be set by a competent labor judge by way of incidents.

ARTICLE 102. MENTION OF THE INVENTOR.
The inventor will be mentioned as such in the patent granted and in the documents and publications
officials relating to it, unless an authentic document in the Registry shows its
express declaration that he does not wish to be mentioned. Any agreement by which the inventor
He waives his right to be mentioned as such in advance or undertakes to make such a declaration.

SECTION TWO
CONCESSION PROCEDURE

Page 37

ARTICLE 103. PATENT APPLICATION. *
The applicant for a patent may be an individual or legal person. The patent application of
The invention must be submitted to the Registry and must contain:

a) The general data of the applicant or his legal representative, proving said representation;
b)

Place

c)

The

from

Constitution

Name

when

from

the

I know try

invention

from

Y

of

a

person

inventor

legal;

Y

its

Y

direction.

The effects derived from the filing of an international application can be recognized when they are
established in a treaty or agreement to which the Republic of Guatemala is a party. In that case, the
formal examination, publication of the application and any other aspect of the procedure must remain
governed by the provisions of the treaty or agreement and by the specific Regulations issued by the
Executive Body at the suggestion of the Ministry of Economy.
* Amended by Article 54, of Congressional Decree Number 11-2006 on 05-30-2006

ARTICLE 104. RIGHT OF PRIORITY.
The patent applicant may invoke priority based on a previous registration application,
presented in order in any State that is a party to a treaty or agreement to which Guatemala is
linked. Such priority must be invoked in writing, indicating the date and country of the presentation of the
first request.
Multiple priorities or partial priorities can be invoked for the same request, which can
originate from applications filed in two or more different States; in this case the priority period
it will be counted from the date of the oldest priority.
The right of priority will be valid for twelve months from the day following the
presentation of the priority application.
The right of priority may be invoked with the presentation of the new application or at any time
up to within a period that does not exceed three months from the expiration date of the priority. In order to
accredit the priority, a copy of the priority application must be attached, certified by the office or
competent authority that has received said request, which will be exempt from any
legalization and a simple translation must be attached if it is not written in Spanish. The
certification referred to in this paragraph, must be submitted within a period that does not exceed three
months to the priority expiration date.
A patent application for which the right of priority is invoked will not be denied, revoked or
canceled by reason of events that occurred during the priority period, carried out by the applicant himself or
by a third party and such facts will not give rise to the acquisition of any third party rights regarding the
invention according to the claims contained in the first application.
Priority will be recognized only with respect to the matter found in the application whose
Priority is invoked as long as the invention claimed in the application is disclosed in the
priority document in the manner required by articles 105, 106 and 107 of this law.
The priority invoked will be governed in everything else by the provisions of the agreement or treaty.
correspondent.

ARTICLE 105. ANNEXED DOCUMENTS.

Page 38

The following documents must be attached with the patent application:
a) Proof of payment of the established fee;
b) The description of the invention, in duplicate;
c) The claims that are formulated, in duplicate;
d) Two sets of the corresponding drawings;
e) The summary of the invention, in duplicate; Y
f) The title by virtue of which the right to obtain the patent was acquired, if the applicant is not the inventor.
A copy of each document must be attached, except for the one indicated in literal a) of the previous paragraph.
The application and the accompanying documents will be received by the Registry and will enjoy the guarantee of
confidentiality for a maximum period of eighteen months, counted from the filing date
of the request, or from the date of the priority invoked, as the case may be.

ARTICLE 106. DATE OF PRESENTATION OF THE APPLICATION.
The Registry will note the date and time of filing the patent application, will assign the number of
file and provide the applicant with a receipt for the application and the documents presented.
Without prejudice to the provisions of article 113 of this law, the Registry will proceed according to paragraph
above, even if the application does not contain all the information or does not attach all the documents to which
the previous articles refer, provided that it meets at least the following requirements:
a) It clearly states that a patent is being applied for;
b) It contains information that allows identifying the inventor, the applicant and his representative, in their
case, and indicates address to receive notifications; Y
c) A copy of the description of the invention, the corresponding drawings and the
proof of payment of the established fee.

ARTICLE 107. UNIT OF THE INVENTION.
A patent application may only cover one invention, or a group of related inventions
with each other so that they form a single inventive concept.

ARTICLE 108. DESCRIPTION. *
The description shall disclose the claimed invention in a sufficiently clear and complete manner,
so that a person trained in the corresponding technical matter can execute it. The description
It must also disclose the best way known to the applicant to execute the invention.

Page 39

claimed.
An invention that is the subject of a patent application will be sufficiently supported in its
presentation, when an expert in the corresponding technical matter can confirm in a
reasonable that the patent applicant owned the invention on the filing date of his application,
or at least on the date of submission of the priority application.
* Amended by Article 55, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 109. DESCRIPTION OF BIOLOGICAL MATERIAL. *
When the invention refers to a product or a process related to a biological material, which does not
is publicly available and the invention cannot be described in a way that can be
understood and executed by a person trained in the technical matter, the
description
through
the
Deposit
from
a
show

from

saying

material.

The deposit of the sample of the biological material must be made in a depository institution.
established within or outside the country and recognized in accordance with the treaties or conventions of which
The Republic of Guatemala is a party, no later than the date of submission of the application or, when
a right of priority is invoked, on the date of presentation of the priority application.
When a deposit of biological material is made for the purposes of a patent application, a
will indicate in the description together with the name and address of the depository institution, the date of the
deposit and the deposit number issued by the institution. The nature and
characteristics of the deposited material when necessary for the purposes of filing the
invention.
The deposit of biological material will only be valid for the purposes of granting a patent if it is done
under conditions that allow any interested person to obtain samples of said material, further
take the date of publication of the corresponding patent application.
* Amended by Article 56, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 110. DRAWINGS.
Drawings should be submitted when necessary to understand or carry out the invention. The
Drawings will be considered part of the description.

ARTICLE 111. CLAIMS.
The claims will define the invention to be patented, in a clear, precise, concrete and
complete and must be fully supported by the description.
In the claims the phrase "composed of" allows the possibility of including within the scope of a
claim unspecified ingredients or elements even in larger quantities; the phrase "consists
from "closes the possibility of including ingredients or elements in addition to those recited, with the exception of
normal impurities; and the phrase "consists essentially of" allows the possibility of including in a
claim only unspecified ingredients or elements that do not materially affect the
basic and innovative characteristics of the invention.
The claims will be formulated observing the following rules:

Page 40

a) Their number must correspond to the nature of the claimed invention;
b) They may be presented independently or dependently;
c) The dependents must understand by reference all the limitations of the claims of
those that depend and specify the additional limitations that are consistent with the
related independent or dependent claims;
d) the dependents of two or more claims may not serve as the basis for any other claim
dependent in turn on two or more claims;
e) when several claims are presented, they will be identified with Arabic numerals;
f) They must not contain references to the description or to the drawings, unless they are absolutely
necessary; Y
g) If the application includes drawings, the technical characteristics mentioned in the
Claims may be followed by reference signs, relating to the corresponding parts of the
these characteristics in the drawings, if they facilitate the understanding of the claims, these must
Reference signs must be enclosed in parentheses.

ARTICLE 112. SUMMARY.
The abstract will include a synthesis of the technical disclosure contained in the description of the application.
patent and the main use of the invention. It will include, when there is one, the chemical formula or the drawing that
better characterize the invention.
The summary will serve only for technical information purposes and will have no effect whatsoever to interpret the
scope of protection conferred by the patent; Consequently, the Registry may, ex officio and without
any harm to the applicant, make the clarifications and / or extensions that it deems
convenient for the sole purpose of conforming to the provisions of this article.

ARTICLE 113. EXAMINATION OF FORM. *
The Registry will examine whether the application meets the requirements of articles 103 and 105 of this law. On
if any omission or deficiency is observed and within a period not exceeding one (1) month
counted from the date of submission of the application, the Registry shall require the applicant to
make the necessary corrections or submit the omitted documents. If the applicant does not comply with
as required within a period of three (3) months from the date of notification, the
application will be considered abandoned.
* Amended by Article 57, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 114. PUBLICATION OF THE APPLICATION.
Upon completion of the eighteen-month period from the date of submission of the request for
patent or, when a priority right has been invoked, from the applicable priority date, the
The Registry will order that the application be published by issuing the corresponding edict. However, prior
written request of the applicant, the Registry may order the publication of the application before

Page 41

the established period elapses. The publication of an application that has been the subject of
withdrawal or abandonment.
The edict must be published in the official gazette, only once, at the expense of the interested party, within six
months after delivery. If the publication of the edict is not carried out, or, if the applicant does not
submits to the Registry the copy of the official gazette within the two months following the date of the
itself, the application will be considered abandoned.
From the day following the publication date of the edict, or the expiration date of the term
established in paragraph three of article 105 of this law, whichever occurs first, the file
corresponding may be consulted by any interested person for information purposes, except
that the withdrawal of the application had been presented and approved before.

ARTICLE 115. CONTENT OF THE EDICT.
The edict referred to in the previous article must contain:
a) The application number;
b) The date of presentation of the application;
c) The name and address of the applicant and the inventor;
d) The name of the applicant's representative, if any;
e) The country or office, date and number of each request whose priority has been claimed;
f) The classification symbol or symbols, when they have been assigned;
g) The name of the invention;

h) The summary, in accordance with article 112 of this law;
i) A representative drawing of the invention, if any, selected by the Registry; Y
j) Date and signature of the Registrar or the Registry official designated by the latter for this purpose.

ARTICLE 116. OBSERVATIONS.
Any person may, within three months following the publication of the edict, submit in writing
before the Registry observations regarding the patentability of the invention, including information
or documents that it deems pertinent.
The Registry will notify the patent applicant of the observations submitted so that, within the deadline
of the following three months, can express itself about them and present the information and
documentation that it deems pertinent.
The presentation of observations will not suspend the processing of the application. Who formulates them does not
It will therefore become a party to the procedure and, once the patent is granted, it will not have
impediment to file an action for annulment against it.

Page 42

ARTICLE 117. EXAMINATION OF THE MERITS. *
Three months after the date of publication of the edict, or after the applicant has been notified of the
the patent the observations presented, if it were the case, the Registry will proceed to fix the rate
corresponding to cover the substantive examination, which must be effective within the following month
on the date of notification to the applicant of the respective payment order, otherwise the request
I know
will have
for

abandoned.

Subsequently, it will proceed to carry out the substantive examination of the application, upon presentation by the
Applicant for proof of payment of the fixed rate. The purpose of this examination will be to determine whether the
claimed invention conforms to what; have articles 91, 92, 93, 94, 95, 96, 97, 98, 107, 108,
109, 110 and 111 of this law as well as what is established in article 104, when pertinent.
The examination may be carried out by Registry personnel, by independent technicians, by entities
public or private. When conducting the substantive examination, independent technicians and public entities or
Private entities that carry out the examination at the request of the Registry may be nationals or foreigners. When done
The substantive examination will take into account the information provided by the applicant or, where appropriate, by
who has made observations, including what is related to the search report made by the
examiner as well as novelty or patentability examinations carried out by other
industrial property and referring to the same subject as the application. The Registry may consider sufficient
the results of said examinations to prove compliance with the conditions of patentability of
the

invention.

The question of whether or not an invention is patentable due to lack of novelty or inventive level will be resolved
case by case as appropriate, considering the pertinent facts such as, among others:
to)

The

scope

Y

contents

of

condition

from

the

technique;

b) The differences between the current state of the art and the claim;
c)

The

level

from

skill

common

on

the

technique

relevant;

Y

d) Appropriate secondary factors such as business success, long-felt needs but not
resolved, the failure of others and unexpected results.
* Amended by Article 58, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 118. OTHER DOCUMENTS. *
For the purposes of the substantive examination, the Registry may require the applicant to present, within a
period of two months from the respective notification, extendable to one more month in cases
qualified by the Registry, a copy without legalization and with simple translation of any material
contained in an administrative or judicial file of the foreigner related to the application in process,
including
Come in
to)
b)
c)

The
The
The

results
patent

own

from
or

other

the

other

exams

Title

from

request;

from
protection

novelty
what

or

patentability;

I know would have

granted;

d) Any resolution or ruling by which the patent application has been rejected, denied or granted;
Y
e) Any resolution or ruling in which the patent or other protection title granted has been revoked,
canceled,
invalidated
or

cancelled.

Page 43

At the request of the applicant, or ex officio, the Registry may suspend the processing of the request for
patent when any document that must be presented by the applicant in accordance with this article does not
I know
is
issued
on
the
country
The applicant may formulate the observations and comments it deems pertinent regarding the
information
or
documents

on

question.

what

provide.

If the substantive examination reveals that prior to the granting of the patent it is necessary to complete the
documentation submitted, correct, modify or divide the application, the Registry will notify the applicant
so that, within the following three (3) months, it complies with the requirements or presents the comments or
documents that would support the request. This procedure can be carried out as many
Sometimes the Registry deems it necessary.
* Amended by Article 59, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 119. RESOLUTION ON THE PATENT APPLICATION. *
Once the procedures and requirements established by this law have been fulfilled, the Registry will decide on the request for
patent. If this is totally or partially rejected, the respective resolution must contain the
reasons
Y
fundamentals
legal
from
such

rejection.

If it is resolved by granting the requested patent, the Registry will order the registration
corresponding, after proof of payment of the corresponding fee within the month following the
notification
from
the
resolution
from
concession

patent.

from

If the patent is partially granted, the Registry will order in the same resolution as the applicant
present, within three (3) months following notification of the resolution, the document
related
with
the
claims,
from
accordance
The

inscription

to)

c)

The
The

number

date
Name

from
Y

with

the

approval.

should

The

b)

the

contain:
of

presentation

address

of

proceedings;
from

the

applicant

Y

request;

of

inventor;

d) The classification symbol or symbols, when they have been assigned;
and)

The

Name

from

the

invention;

f) A summary, in the terms established in article 112 of this law;
g) A representative drawing of the invention, if any, selected by the Registry;
h) The country or office, date and number of applications whose priority has been claimed;
i) The signature and seal of the Registrar.
* Amended by Article 60, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 120. PATENT CERTIFICATE.
Once the patent has been registered, the Registry will issue the corresponding certificate that will contain
the registration data, adding to it a copy of the description, of the claims, of

Page 44

the drawings and the abstract. The certificate must also contain express mention that the patent is
It grants without prejudice to the best third party right and under the sole responsibility of the applicant.

SECTION THREE
MODIFICATIONS TO THE PATENT APPLICATION AND TERM
ARTICLE 121. DIVISION OF THE APPLICATION.
Applications can be divided at the request of the applicant, or at the request of the Registry when not
comply with the provisions of article 107 of this law. Fractional applications will have all the
the same filing date and priority, if claimed, of the initial request that
proceed, as long as their object is included within it.
None of the fractional applications may extend the disclosure contained in the initial application, if this
would imply greater protection than that which would correspond to the initial application.
For the purposes of dividing the application, the applicant must submit:
a) The descriptions, claims, drawings and summary corresponding to each fraction of the
invention; Y
b) Proof of payment of the corresponding fee.
It will not be necessary to prove legal status again in the division request, nor to present the
documentation related to priority, if this was accompanied by the initial application. The applicant's signature on the
The request for division must be legalized by a notary public.

ARTICLE 122. MODIFICATION AND CORRECTION OF THE APPLICATION.
The applicant may modify or correct his application at any time during the process, but this may not
imply an extension of the claims contained in the initial application, if this would imply a
protection greater than that which would correspond to the initial application. You can also by modifying,
remove some of the claims.
The modification or correction of the request must be submitted in writing, with a signature legalized by
notary public and must be accompanied by the corresponding documentation and proof of payment of the fee
respective.

ARTICLE 123. CONVERSION OF THE APPLICATION.
The applicant for an invention patent may request that his application be converted into an application for
utility model patent and is processed as such. The application conversion will only proceed when
the nature of the invention or innovation allows it. The applicant for a model patent of
utility may request that your application be converted into an application for an invention patent.
The request for conversion of an application may be submitted only once, at any time during the
procedure, and will accrue the established rate. A converted application will keep the filing date of
the initial application.

Page 45

ARTICLE 124. CORRECTION OF THE CERTIFICATE OR REGISTRATION.
The owner of a patent may request at any time that a material error or omission be corrected.
incurred in the patent certificate or registration. The correction will have legal effects against
third parties since it is noted in the registration and it will not be necessary to publish it.
No correction or extension of the disclosure contained in the initial request or of the
Accepted claims, if this implies greater protection than that which would correspond to the application
initial.
The request for correction must identify and verify the existence of the error or omission and, once
determined the same, the corresponding annotation will be made, after payment of the fee
respective, unless it is an error attributable to the Registry.

ARTICLE 125. DISPOSAL AND CHANGE OF OWNER'S NAME.
The right to a patent or a patent application can be alienated by an act inter vivos or
transferred by succession.
If the patent holder changes his name, business name or denomination, for any reason, said
change must be noted in the patent registration. The name change must be accredited with the
corresponding documentation, the provisions of paragraph one of this article being applicable.
For the transfer or change of name of the owner to take effect against third parties, you must register
in the Registry. The application for the registration of the transfer or the annotation of the change of name or
name of the patent holder or applicant, may be submitted by the patent holder or by the
applicant of the same, by the new owner or by their representatives jointly or by a single of
the parts.

ARTICLE 126. VALIDITY OF THE PATENT.
The invention patent will be valid for a period of twenty years, counted from the date of
presentation of the respective patent application.

ARTICLE 126 BIS. * PATENT TERM FOR ARRANGEMENTS NOT ATTRIBUTABLE TO THE APPLICANT.
Once the patent has been granted, its owner can request that the Registry adjust the term of the patent.
validity of the patent established in the previous article, if one of the following cases occurs,
attributable
to the

applicant:

a) When, during the patent application process, the Registry suffers an unjustified delay. For him
Indeed, there will be an unjustified delay when the Registry issues the patent in a term greater than five (5)
years from the filing date of the patent application, or within a period of more than three (3)
years from the date on which the interested party requested the substantive examination, whichever is later; or
b) When the patent refers to a pharmaceutical product and the corresponding administrative authority

Page 46

issue the authorization to market the product within a period of more than three (3) months from
from
the
date
from
presentation
from
the
request
The extension of the patent term must be equivalent to the amount of time for which it was exceeded
the
term
settled down
on
the

from

paragraphs

The term provided for in article 126 of this law may only be adjusted within the expressly specified terms
provided in this article.
Added by article 61 of Decree No. 11-2006 of the Congress of the Republic of Guatemala, and
It will enter into force one year after the NAFTA enters into force.

SECTION FOUR
SCOPE AND LIMITATIONS OF THE PATENT
ARTICLE 127. SCOPE OF PROTECTION.
The scope of the protection conferred by the patent will be determined by the claims. These
will be interpreted taking into account the description, the drawings and the provisions of paragraph two of the article
111 of this law.

ARTICLE 128. GRANTED RIGHTS.

the

patent.

previous.

The patent gives its owner the right to prevent third parties from exploiting the invention
patented. To this end, the patent owner may act by the corresponding legal means.
against any person who without their consent performs any of the following acts:
a) When the patent claims a product:
i) Produce or manufacture the product; or
ii) Offer for sale, sell or use the product; or import or store it for any of these purposes;

b) When the patent claims a procedure:
i) Use the procedure; or
ii) Execute any of the acts indicated in literal a) above with respect to a product obtained
directly from the procedure.
The rights established in article 35 of this law will correspond to the owner of a patent, in which
relevant.

ARTICLE 129. SCOPE OF PATENTS FOR BIOTECHNOLOGY.
When the patent protects a biological material that possesses certain claimed characteristics, the
Protection will also extend to any biological material derived by multiplication or propagation
of the patented material and having the same characteristics.

Page 47

Except for what is established in the following paragraphs, when the patent protects a procedure to obtain
a biological material that possesses certain claimed characteristics, the protection provided for in the
Article 128, literal b) section ii) will also extend to all biological material derived by
multiplication or propagation of the material directly obtained from the procedure and that possesses the
same characteristics.
When the patent protects a specific genetic sequence or biological material that contains such
sequence, protection will also extend to any product that incorporates that sequence or material and
express the respective genetic information.
When the patent protects a plant, an animal or another organism capable of reproducing, the
owner prevent third parties from using that entity as an initial basis to obtain a new biological material
viable and commercialize the material thus obtained, unless such obtaining requires the repeated use of the material
proprietary;
When the patent protects a plant or an animal or its material for reproduction or multiplication, no,
The owner may prevent the use of the product obtained from the protected plant or animal for its
further reproduction or multiplication by a farmer or rancher; and the commercialization of that product
for agricultural use or for consumption, provided that the product had been obtained in its own
exploitation of that farmer or rancher and that the reproduction or multiplication is done in that same
exploitation.

ARTICLE 130. LIMITATIONS ON THE RIGHT TO THE PATENT. *
The patent will not give the right to its owner to prevent the following acts with respect to research
patented:
to)
b)

Acts

made

Acts

on

made

the

with

ambit

purposes

private;

from

experimentation;

c) Acts carried out for the purposes of teaching or scientific or academic research;
d) Acts performed with the purpose of generating the necessary information to support a request for
market
a
product
pharmacist
or
chemical
agricultural

on

Guatemala.

e) Acts referred to in article 5 ter of the Paris Convention for the Protection of the
Property
The

product

manufactured

from

accordance

with

Industrial.
it

settled down

on

the

d) of this article, it must not be produced, used, commercialized or sold, except to generate the
information related to the fulfillment of the requirements to approve the product once the
patent

literal

expire.

The limitations on the rights granted by the patent that are established in this article will not affect
the normal use of the patent will not cause undue harm to the interests of its owner.
* Amended by Article 62, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 131. EXHAUST OF THE RIGHT.
The patent will not give the right to prevent a third party from conducting commercial business with respect to a
product protected by patent or obtained by a patented process, after that
product had been introduced into commerce in any country by the owner of the patent or by another
person with the consent of the owner or economically linked to him.

Page 48

For the purposes of the previous paragraph, it will be understood that two people are economically linked
when one can directly or indirectly exert a decisive influence on the other with respect to the
exploitation of the patent, or when a third party can exert such influence on both people.
When the patent protects biological material capable of reproduction, the patent will not extend to the material
obtained by multiplication or propagation of the material placed in commerce in accordance with the first
paragraph, provided that the multiplication or propagation is a necessary consequence of the use of the
material conforming to the purposes for which it was placed in commerce, and that material derived from such
use is not used for multiplication or propagation purposes.

SECTION FIVE
CONTRACTUAL LICENSES
ARTICLE 132. CONTRACTUAL LICENSES.
The owner of a patent may grant a license to exploit the patented invention. The
Registration of the contractual license in the Registry is not mandatory, but it will only have effects
legal against third parties from the registration. The exploitation of the patent by the licensee whose license
is registered in the Registry, it will be considered for all legal purposes as carried out by the
headline.
The license registration application will contain:
a) The name, business name or denomination of the registered owner and the licensee and their addresses;
b) Identification of the patent object of the license and indication of its registration; Y
c) Term, exclusivity, territory and other essential stipulations.
The request must be accompanied by a copy of the license agreement or a summary thereof signed by
the parties, containing the information referred to in the previous paragraph and the proof of payment of the
corresponding rate. If the license agreement or its summary has not been granted in
Guatemala, the document must be duly legalized and with a sworn translation into Spanish, if
whatever the case.
If the request complies with the provisions of this law, the license will be entered without further processing in each one
of the patents object of the same and the Registry will issue the corresponding certificate.

ARTICLE 133. REGIME.
Unless otherwise stipulated, the following rules shall apply to patent licenses:
a) The license will be extended to all acts of exploitation of the invention, throughout the term of the
patent, throughout the territory of the country and with respect to any application of the invention;
b) The licensee may not transfer the license or grant sub-licenses;
c) The license will not be exclusive, and the licensor may grant other licenses for the exploitation of the
patent in the country, as well as exploit the patent by himself in the country;
d) When the license has been granted as exclusive, the licensor may not grant other licenses
for the exploitation of the patent in the country, nor will he be able to exploit the patent by himself in the country; Y

Page 49

e) The exclusive licensee may himself exercise the legal actions to protect the patent,
as if it were the owner of the same, if the license is registered.
The clauses of a license agreement shall be void when they had the purpose or effect of restricting
unduly competition or imply an abuse of the patent.

SECTION SIX
COMPULSORY LICENSES
ARTICLE 134. COMPULSORY LICENSES.
For reasons of public interest and in particular for reasons of national emergency, public health, security
national, or non-commercial public use, or, to remedy any anticompetitive practice, prior
hearing the interested party, the Registry may, at the request of the authority or an interested person,
have at any time:
a) That the invention that is the subject of a patent or a pending patent application is used or exploited
industrially or commercially by a state entity or by one or more persons of public law or
private designated for this purpose; or
b) That the invention that is the subject of a patent or a pending patent application is open to the
granting of one or more compulsory licenses, in which case the competent national authority may
grant such a license to whoever requests it, subject to the established conditions.
When the patent protects some semiconductor technology, only licenses will be granted
mandatory for non-commercial public use, or to rectify a practice declared contrary to the
competence in the applicable procedure.

ARTICLE 135. REQUEST FOR A COMPULSORY LICENSE.
The person requesting a compulsory license must prove that they have previously requested the holder of the
patent a contractual license, which has not been able to obtain it under commercial terms and conditions
reasonable and that those attempts were not effective within a period that may not be less than ninety
days following the first request. It will not be necessary to meet this requirement in the case of a
compulsory license in cases of national emergency, extreme urgency or non-commercial use of the
invention by a public entity. In both cases, the patent owner will be informed without delay of
the granting of the license.
The compulsory license application must indicate the conditions under which it is intended to obtain the
license and, together with it, the documentation that justifies the granting of the
license and the technical and economic capacity of the applicant to properly exploit the patent. Is
Proof will not be necessary in the cases and situations indicated in the second part of the paragraph that
precedes.
The patent owner will be heard from the application for a period of one month and, with his or her reply or without
her, the Registry will decide on the origin or not of granting the license.
The resolution of the Registry that grants a compulsory license will contain:
a) The scope of the license, including its validity and the acts for which it is granted, which is
limited to the purposes that motivated it;

Page 50

b) The amount and form of payment of the remuneration due to the patent holder; Y
c) The conditions necessary for the license to fulfill its purpose.

ARTICLE 136. CONDITIONS RELATING TO THE COMPULSORY LICENSE.
Necessary conditions related to the granting of the compulsory license, among others, are the following:
a) The compulsory license will be granted mainly to supply the domestic market;
b) The owner of the patent subject to a compulsory license shall receive adequate remuneration, according to the
circumstances of the case and the economic value of the license. In the absence of an agreement between the parties, the Registry
will set the amount and the form of payment of the remuneration, for which it may also take into account
information collected on the average royalties that in the same sector have been established in
license agreements entered into between third parties; Y
c) A compulsory license may not be granted exclusively, it may not be assigned, or
sub-license and can only be transferred with the company or establishment, or with that part of the
himself, which exploits the license.
At the request of the patent holder, the Registry may cancel the compulsory license if the circumstances
that gave rise to its grant have disappeared and are not likely to occur again, for which
will take the necessary precautions to protect the legitimate interests of the licensees. For such
Indeed, in addition to the evidence provided by the patent owner, the Registry will collect the information
that it deems necessary to verify those facts.
Against the resolutions issued by the Registry regarding the granting or revocation of a license
mandatory and its conditions, including the remuneration that must be paid to the holder of the
patent and any modification of such conditions, the appeals to which it refers may be filed
Article 13 of this law, which must be processed and resolved with absolute priority.
If the compulsory license is granted to remedy or eliminate practices that as a result of a judicial process
or administrative it has been determined that they are anti-competitive, the rules contained therein will not be applicable
in paragraph one of article 134 of this law. In this case, to determine the remuneration of the holder of
the patent will take into account that the purpose of the license is to put an end to anti-competitive practices.
Likewise, the revocation of the license may be denied if it is probable that the conditions given
place to the granting of the same are repeated.

ARTICLE 137. COMPULSORY LICENSE DUE TO PATENT DEPENDENCE.
When a compulsory license is requested to allow the exploitation of a subsequent patent
("second patent"), which could not be exploited without infringing another prior patent ("first patent"), is
will observe the following additional conditions:
a) The invention claimed in the second patent must represent a relevant technical advance of a
considerable economic importance, with respect to the invention claimed in the first patent;
b) The compulsory license to exploit the first patent can only be transferred with the second patent; Y
c) The owner of the first patent will have the right to a license on the second patent, under conditions
reasonable to exploit the invention that is the subject of the second patent.

Page 51

ARTICLE 138. REVOCATION AND MODIFICATION.
A compulsory license may be revoked by the Registry in whole or in part, at the request of any
interested person, if the licensee breaches the obligations that correspond to him, or, in the case
provided for in paragraph two of article 136.
A compulsory license may be modified by the Registry, at the request of any interested person,
when new facts or circumstances justify it or, in particular, when the patent holder
had granted contractual licenses under more favorable conditions than those agreed to the
licensee.

SECTION SEVEN
INVALIDITY AND EXTINCTION OF THE PATENT
ARTICLE 139. NULLITY OF THE PATENT. *
The patent will be void in any of the following cases:
a) When the material object of the patent cannot be patented; or
b) When the patented invention fails to meet the requirements of novelty, inventive level and application
industrial.
* Amended by Article 63, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 139 BIS. CANCELLATION OF THE PATENT DUE TO FRAUD.
The patent can be canceled in case of fraud when it has been granted to a person
individual
or
legal
what
not
is
Dyed

right

to

This cancellation process can only be initiated by the individual or legal person who by law has
right to patent.
Amended or added by article 64 of Decree No. 11-2006 of the Congress of the Republic of
Guatemala.

ARTICLE 139 TER. SCOPE OF THE INVALIDITY OR CANCELLATION OF THE PATENT.
When the arguments for invalidity or cancellation refer to one or more patent applications, the
Effects of the court order will not affect the rest of the patents.
Added by article 65 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

Page 52

ARTICLE 140. EXTINCTION OF THE PATENT.
The patent is extinguished in the following cases:
a) Due to the expiration of the term;

b) By resignation of the patent by the owner; Y
c) Due to the lack of timely payment of an annuity or, where appropriate, the surcharge for late payment of the
herself.
The extinction operates by right in the cases mentioned in literal a) and c) of the previous paragraph,
and from the day following the one on which the corresponding term expired, or the grace period, if
whatever the case.
The invention that is the subject of a patent that for whatever reason has become extinct, or of an application
published that had been abandoned, will pass into the public domain.

ARTICLE 141. WAIVER OF THE PATENT.
The owner of the patent may at any time renounce one or more of the claims of the
patent, or the patent in its entirety, by writing with a signature legalized by a Notary Public and presented
before the Registry.
The resignation will take effect from the date of its presentation, without prejudice to the provisions of the
paragraph 3 of this article.
The resignation will be notified to any person who has registered in his favor any guarantee right or
a domain restriction in relation to the patent. In this case, the Registry will neither admit nor approve the
Resignation, but after the consent of those third parties is reliably established.
The renunciation of one or more claims does not cause the extinction of the patent, but only that of the right
from the owner to the subject matter of that or those claims.

CHAPTER II
UTILITY MODELS
ARTICLE 142. APPLICABLE RULES.
The provisions relating to patents for invention are, where appropriate, applicable to patents
of utility model, as long as they do not contravene the special provisions contained in this chapter.

ARTICLE 143. MATTER EXCLUDED FROM PROTECTION.
The following may not be the subject of a utility model patent:

Page 53

a) The procedures;
b) The substances or compositions; Y
c) The matter excluded from patentability in accordance with this law.

ARTICLE 144. PATENTABLE UTILITY MODELS.
A utility model will be patentable when it is susceptible to industrial application and is new.
A utility model will not be considered novel when it does not provide any utilitarian characteristics
discernible with respect to the state of the art.
Among others, utensils, objects, appliances, instruments,
tools and devices, as well as parts thereof, which as a result of a modification
in their arrangement, configuration, structure or form, they present a different function with respect to the
parts that make it up or advantages in terms of its usefulness.

ARTICLE 145. APPLICATION UNIT.
An application for a utility model patent may only refer to one object or to a set of two or
more parts that make up a functional unit. Several applications may be claimed in the same application.
elements or aspects of said object or unit.

ARTICLE 146. VALIDITY OF THE PATENT.
The utility model patent will be valid for a period of ten years, counted from the date
filing of the respective patent application.

CHAPTER III
INDUSTRIAL DESIGNS

SECTION ONE
PROTECTION OF INDUSTRIAL DESIGNS
ARTICLE 147. APPLICABLE RULES.
The provisions relating to patents of invention are, where appropriate, applicable to registrations
of industrial designs, as long as they do not contravene the special provisions contained in this
chapter.

Page 54

ARTICLE 148. SUPERPOSITION OF PROTECTION REGIMES.
The protection conferred on industrial designs does not exclude or affect that which may proceed
according to other legal regulations, such as those related to trademarks or copyright.

ARTICLE 149. LIMITATIONS ON PROTECTION.
The protection of an industrial design shall not include:
a) Those elements or characteristics thereof determined entirely by the performance of a
technical function and that they do not incorporate any new contribution from the designer; Y
b) Those elements or characteristics whose reproduction is necessary to allow the product to
that incorporates the design is mechanically mounted or connected with another product of which it constitutes
an integral part or piece. This limitation will not apply in the case of products in which the
model lies in a shape intended to allow multiple mounting or connection of the products, or their
connection within a modular system.

ARTICLE 150. RIGHT TO REGISTER.
The right to protection and registration of an industrial design belongs to the designer, without prejudice to the
provided in the next paragraph. If the industrial design had been created by two or more people
jointly, the right to register and to obtain protection for the same, will belong to them in
common.
The right to register an industrial design and to obtain its protection may be transferred to
an individual or legal person, by act between living or transferred by succession.

ARTICLE 151. ACQUISITION OF PROTECTION.
The owner of an industrial design will acquire the right to legal protection for it, as a result
of any of the following acts:
a) The first public disclosure of the industrial design, by any means and in any place, made
by the designer or his successor in title, or by a third party who had obtained the design as
result of any act performed by any of them; or
b) The registration of the industrial design.
The provisions of literal a) of the preceding paragraph do not limit the right of its owner to register the design.
industrial.

Page 55

ARTICLE 152. REQUIREMENTS FOR PROTECTION.
An industrial design will be protected if it is new. To be considered new, the design must differ in
significant measure of known designs or combinations of characteristics thereof.

An industrial design that has not been publicly disclosed, anywhere in the world, will be considered new.
world and by any means, before any of the following dates, applying whichever was more
ancient:
a) The date of the first public disclosure by the designer or his successor in title, or by a third party who
had obtained the design as a result of some act performed between them; or
b) The filing date of the registration application or, where appropriate, the filing date of the
request whose priority is invoked.
For the purposes of assessing the novelty of an industrial design that is the subject of a registration application, no
The disclosure that has occurred within the six months prior to the date of
presentation of the application or, where appropriate, on the date of presentation of the application whose priority is
invoke, provided that such disclosure had resulted directly or indirectly from acts carried out by the
designer himself or his successor in title, or a breach of contract or illegal act committed against
some of them.
An industrial design will not be considered new if with respect to a previous one it only presents differences that
are insufficient to give the product an overall appearance or impression different from that of the design
previous.

ARTICLE 153. PROTECTION WITHOUT FORMALITIES.
An industrial design that complies with the provisions of articles 4 and 151 of this law, will enjoy protection
without the need for registration for a period of three years, counted from the date of disclosure indicated
in literal a) of the first paragraph of article 151.
The protection of an industrial design under this article will be independent of that obtained
by registering.

ARTICLE 154. SCOPE OF PROTECTION.
The protection of an industrial design confers on its owner the right to act to prevent third parties from
people, without their consent, manufacture, sell, import, offer for sale, use or of any
commercially exploit items that carry or incorporate an industrial design that is a
identical or similar reproduction to the protected one.

SECTION TWO
REGISTRATION PROCEDURE
ARTICLE 155. REQUEST FOR MULTIPLE DESIGNS.
The registration of two or more industrial designs may be requested in the same application, provided that all
apply to products of the same class.

Page 56

ARTICLE 156. REGISTRATION APPLICATION.
The application for registration of an industrial design will be submitted to the Registry and will contain the requirements
established in article 103 literal a) and b) for a patent application and, in addition, it must designate the
genus or species of the product or products in which it will be used.
The following documents must be submitted with the application:
a) Proof of payment of the established fee;
b) The graphic or photographic reproduction of the industrial design in duplicate, with more than
a view if it were three-dimensional; in the case of two-dimensional designs, the reproduction may be substituted
with a sample of the product that incorporates the design; Y
c) Title by virtue of which the right to industrial design was acquired, if the applicant is not the designer.

ARTICLE 157. DATE OF PRESENTATION OF THE APPLICATION.
The registry will note the date and time of submission to the registration application, will assign the number of
file and will deliver to the applicant a receipt of the same and of the documents presented. Register
will proceed according to the previous paragraph, even if the request does not contain all the information to which it refers
article 103 literal a) and b) or not all the documents required by article 156 are attached, both
of this law, provided that it complies at least with the data that allow the designer to be identified,
applicant or his legal representative, if applicable, and a place to receive notifications is indicated, as well
as the reproduction or sample that is mentioned in literal b) of paragraph two of the
previous article.

ARTICLE 158. PUBLICATION OF THE APPLICATION.
The maximum terms established in article 114 of this law will be reduced to twelve months in the case
of industrial designs.

ARTICLE 159. VALIDITY OF THE REGISTRATION.
The registration of an industrial design will be valid for a period of ten years, counted from the date
submission of the application.

ARTICLE 160. EXTENSION OF THE TERM.
The registration of an industrial design may be renewed only once for a period of five years,
counted from the expiration of the original term. The respective application must be submitted to the Registry

Page 57

at least sixty days before the registration expiration date, accompanying the receipt
of payment of the established rate.

ARTICLE 161. REGISTRATION AND REGISTRATION CERTIFICATE.
To the registration of the registration of an industrial design and the corresponding certificate, the
reproduction referred to in literal b) of paragraph two of article 156 of this law.

TITLE IV
REGISTRATION OF INTELLECTUAL PROPERTY
CHAPTER I
REGISTRATION AND ADVERTISING
ARTICLE 162. ON THE REGISTRY AND ITS OFFICIALS.
Without prejudice to the provisions of the Law on Copyright and Related Rights, the Registry of the
Intellectual Property is the competent administrative authority for:
a) Organize and administer the registry of industrial property rights;
b) Fulfill all the functions and powers assigned to it by this law;
c) Develop dissemination, training and education programs on property rights
intellectual; Y
d) Carry out any other functions or attributions that are established by law or in the regulations
respective.
The Registry will be in charge of a Registrar, assisted in the fulfillment of its functions by one or more
Sub-registrars, who will act by delegation of that one. All these officials shall be
lawyers and notaries, active members, Guatemalan of origin and have at least five years of experience
professional exercise.
The Registry will have the necessary personnel to fulfill its powers, and will be able to request and
receive through the Ministry of Economy the collaboration and support of international entities,
regional or national for the best performance of their functions. The power to admit and resolve
requests, as well as issuing certifications and reports requested by other authorities is not delegable
by the Registrar or Sub-registrars.
The Registrar, Sub-registrars and Registry staff are prohibited from managing directly or
indirectly, on their own behalf or on behalf of third parties, before the Registry itself. The Registrar, the Sub
Registrars, officials and employees of the Registry must observe strict impartiality in all
their performances. The violation of the provisions of this article will be sanctioned in accordance with the
law.

ARTICLE 163. ADVERTISING.

the

herself.

Page 58

The Registry is public and all the books and files referred to in this law can be consulted at
their offices by anyone, who may obtain photocopies or certifications from them, with
exception of that documentation related to patent applications and design registration
industrial, which is reserved until the deadlines established in articles 114 and
158 of this law.
The books or any other means in which the inscriptions are made, will not be able to leave for any reason
of the Registry offices and any judicial or administrative diligence will be executed in them in
presence of an official designated by the Registrar.
It will be presumed that the data of the inscriptions and other entries that
are recorded in the Registry and, consequently, will affect third parties without the need for another requirement of
publication.

CHAPTER II
CLASSIFICATIONS
ARTICLE 164. TRADEMARK CLASSIFICATION.
For the purposes of classifying the products and services for which the registration of
trademarks, the International Classification of Products and Services for the Registration of Trademarks will be applied.
When there is doubt as to the class in which a product or service should be placed, she will be
resolved by the Registry, which may, if it deems it appropriate, make the pertinent technical consultations.
In any case, the publications that the World Intellectual Property Organization makes with
Regarding the trademark classification, they will be taken into account as a guide on the correct classification of the
products and services.
The products or services will not be considered similar to each other for the reason that they appear in the same
class, nor will they be considered different from each other because they appear in different classes.

ARTICLE 165. CLASSIFICATION OF PATENTS.
In order to classify by their technical matter the documents related to patents of invention and
utility model, the International Patent Classification will apply.

ARTICLE 166. CLASSIFICATION OF INDUSTRIAL DESIGNS.
For the purpose of classifying industrial designs, the International Classification of Drawings and
Industrial Models.

ARTICLE 167. UPDATING OF CLASSIFICATIONS.

Page 59

When the international classifications mentioned in the previous articles are subject to
modifications or updates, the Ministry of Economy may, through ministerial agreement, empower the
Register to apply the classifications in their most modern and updated version.
The Registry must have copies or copies of the international classifications in its offices.
mentioned in this chapter, so that they can be consulted free of charge by the
users or interested parties.

CHAPTER III
FEES AND OTHER PAYMENTS
ARTICLE 168. FEES.
The corresponding rates in accordance with this law will be set by the Executive Branch by
through a Government Agreement and through the Ministry of the Economy.

ARTICLE 169. REDUCTION OF FEES FOR INVENTORS.
When the applicant for a patent or registration is the inventor or designer himself, who does not
had made the invention, the utility model or the industrial design in execution of a contract of
work, service or work, and his economic situation did not allow him to pay the fees to process
your patent application or to keep the granted patent, you will only be obliged to pay one tenth
part of the amount of the respective fee. For this purpose, you must accompany the respective application, or,
present at the time of paying the annual or extension fees, a notarial deed where it appears
statement under oath of such circumstances.
If it is established that the information contained in the statement referred to in paragraph one above
does not conform to the truth, the applicant must proceed to pay the difference in the amount of the fees, without
prejudice to the criminal responsibilities that may correspond in your case.
If, within five years from the filing date of the patent or registration application,
this or the rights derived from it are transferred to a third party, the transfer will not be recorded
As long as the payment of the difference in the amount of the fee that would have been paid is not credited
ordinarily. The transfer by succession is exempted from this provision when the heir or
the heirs do not have the economic capacity to satisfy the amount of the respective fees, which
They must prove in the same manner established in paragraph one of this article.

ARTICLE 170. ANNUITIES IN THE MATTER OF PATENTS.
Annual fees must be paid to keep a patent in force. Two or more fees may be paid
yearly in advance.
Each annual fee must be paid in advance, before each anniversary of the filing date
of the request. The first annual fee will be paid before the beginning of the third year from the date
submission of the application.
An annual fee may also be paid within the six months following its due date, but in
In this case, the corresponding surcharge must also be paid. The patent will remain in full force
during that grace period.

Page 60

Failure to pay any of the annual fees in accordance with this article will automatically result in the
expiration of the patent.
The receipt that accredits the payment of annual fees must be presented to the Registry, in order for it to be taken
note of the payment and the registration of the patent is put right. The receipt must be returned to the holder of
the patent, immediately after the corresponding entry or reason has been made and with
a certification that accredits it.

ARTICLE 171. FEES FOR SERVICES.
The fees that correspond for the information services and issuance of certifications that
provided by the Registry, they will be set by the Executive Organism by means of a Governmental Agreement and by
conduit of the Ministry of Economy.

TITLE V
OF THE REPRESSION OF UNFAIR COMPETITION
SINGLE CHAPTER
ACTS OF UNFAIR COMPETITION
ARTICLE 172. GENERAL PROVISIONS.
Any act that is contrary to the honest uses and practices of the trade carried out is considered unfair.
in all commercial and industrial activity.
For there to be an act of unfair competition, it is not necessary that the person who performs it has the quality of
merchant, nor that there is a competitive relationship between the active subject and the taxable person of the act.
In case of contradiction between the provisions of this chapter and those on the same subject
contemplate the Commercial Code and any other laws, the former prevail for the case
specific of unfair competition in matters of industrial property.

ARTICLE 173. ACTS OF UNFAIR COMPETITION IN MATTERS OF INDUSTRIAL PROPERTY.
The following are acts of unfair competition in matters of industrial property, among others:
a) Any act or omission capable of causing confusion or a risk of association or weakening of the
distinctive character of a sign, with respect to products, services, company or establishment
strangers;
b) The use, promotion or disclosure of false or inaccurate indications or facts capable of
denigrate or discredit the products, goods, services, company or establishment of others or
that may be misleading with regard to the source, nature, mode of manufacture, suitability
for their employment, use or consumption, the quantity or other characteristics of their own products or services or
strangers;

Page 61

c) The improper use or omission of truthful information, when they are susceptible to
mislead as to the source, nature, mode of manufacture, suitability for use
employment, use or consumption, the quantity or other characteristics of the products or services of their own or of others.
d) The use by a third party of a product that is protected by intellectual property laws
to mold, trace, copy or otherwise reproduce that product in order to take advantage of
commercial the results of the effort or prestige of others, unless the act is classified as
crime;
e) The use of a distinctive sign whose registration is prohibited in accordance with article 20 paragraph one literal i),
j), k), l), m), n), ñ) o) and p) of this law;
f) The use in commerce of a sign whose registration is prohibited in accordance with article 21 literal b), c) and e)
of this law;
g) The unauthorized use of a foreign business secret, as well as any act of commercialization,
improper promotion, disclosure or acquisition of such secrets, and

h) The unauthorized use in the trade of labels, wrappings, containers and other means of packaging or
presentation of the products or identification of the services of a merchant or copies,
imitations or reproductions of the same that may lead to error or confusion about the origin of the
products or services.

ARTICLE 174. BUSINESS SECRETS.
For the purposes of this law, the information that has a value
commercial due to the fact that its owner keeps it reserved and that:
a) It is not, as a whole or in the precise configuration and assembly of its components, generally
known, nor easily accessible to people in the circles in which
this type of information is normally used; Y
b) Has been subject to reasonable measures taken by its legitimate owner to keep it secret.

ARTICLE 174 BIS. OBLIGATION OF THE COMPETENT PROTECTION AUTHORITY AND NOT
DIVULGATION.
For the purposes of the provisions of this law, undisclosed information or test data
submitted to the competent authority in order to obtain market approval for a product
pharmaceutical or agricultural chemical product, may not be disclosed by the authority, except with
prior written consent of the person who submitted them or to protect the public. In any case, the
The authority will apply the necessary and effective measures to prevent the unfair commercial use of said
information or test data and will observe the protection that for said data is provided in the article
177 of this law.
Added by article 66 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

ARTICLE 175. UNFAIR ACTS RELATING TO BUSINESS SECRETS.

Page 62

They constitute acts of unfair competition in matters of business secrets, among others, the
following:
a) Exploiting, without the authorization of its owner, a business secret that has been accessed by violating
a reservation obligation resulting from a contractual or employment relationship;
b) Communicate or disclose, without the authorization of its owner, the business secret referred to in the literal
above for the benefit of himself or a third party, or to harm said owner;
c) Acquire a business secret by illegal means or contrary to honest commercial uses;
d) Exploit, communicate, promote or disclose a business secret that has been acquired by the media
referred to in the previous literal.
e) Exploiting a business secret that has been obtained from another person knowing, or should know, that
the person who communicated it acquired the secret through the means referred to in literal c), or who did not have
authorization of its owner to communicate it; Y
f) Communicate, promote or disclose the business secret obtained in accordance with literal e), for the benefit
own or a third party, or to harm the owner of the business secret.

ARTICLE 176. UNFAIR MEANS.
A business secret will be considered unfairly acquired when the acquisition results, between
others, the breach of a contract or other obligation, the breach of trust, bribery, the
infidence, the breach of a duty of loyalty or the instigation to carry out any of these acts.

ARTICLE 177. *
Test data protection. So that a natural or legal person can obtain approval for
the commercialization of a new pharmaceutical or agricultural chemical product, must:
a) Present, if required by the authority, test data or undisclosed information on security and
effectiveness. The authority will not approve the marketing to third parties that do not have the consent
of the owner or holder of the test data, for a period of five years for products
pharmaceuticals and ten years for agricultural chemical products from the date of approval in the country; or,
b) Present, if the authority requires it, information regarding the safety and efficacy of a product
previously approved in another country, such as prior marketing approval from that country. The
The authority will not approve the marketing to third parties that do not have the consent of the owner of
test data or marketing approval data from another country, for a period of five years to
pharmaceutical products and ten years for agricultural chemicals, counted from its
approval
on

Guatemala.

c) To grant the protection indicated in literal b) above, the administrative authority will require that the
holder of test data or marketing approval in another country, request approval
within the following five (5) years, after having obtained said marketing approval in
the other country.
* Repealed the second paragraph by Article 5, of Decree Number 76-2002 of the Congress of the
Republic of Guatemala.
* Amended by Article 1 of Decree Number 09-2003 of the Congress of the Republic of Guatemala.

Page 63

Amended by Article 1, of Congress Decree Number 34-04 on 12-24-2004
* Amended by Article 1, of Congress Decree Number 30-2005 on 03-19-2005
* Reformed literal c) by Article 67, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 177. "bis" *
Exception to the obligation not to disclose test data. They are exempted from the obligation not to disclose
undisclosed test or other data, the following:
a) In pharmaceutical products, when it is necessary to protect the safety in their use, the
lifetime
or
the
Health
or
on
cases
from
emergency

national

declared.

b) In agricultural chemical products, in cases of declared national emergency or to protect the
safety in their use, health or human, animal or plant life or the environment.
c) When the owner of the undisclosed information or test data or the sanitary or phytosanitary registry
who can benefit from the protection would have given their consent in writing with a legalized signature.
* Added by Article 2 of Decree Number 09-2003 of the Congress of the Republic of Guatemala.
* Amended by Article 3, of Congress Decree Number 34-04 on 12-24-2004
* Amended by Article 2, of Congress Decree Number 30-2005 on 03-19-2005

ARTICLE 177 "ter". *
As an exception to the protection of undisclosed information or undisclosed test data, the
appropriate competent authority will not be able to protect undisclosed information or test data
undisclosed in the case of pharmaceuticals or agricultural chemicals when these refer to
new uses or second uses, or to indications of a product or chemical entity or to new
combinations of approved chemical entities.
* Added by Article 3, of Congress Decree Number 30-2005 on 03-19-2005
* Amended by Article 68, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 177 "quater". *
TO

the

effects

from

the

articles

previous,

I know

will understand

a) Undisclosed information or test data: Information or data that may or may not have, total or
partially, the character of business secret in the sense of Decree Number 57-2000 of the Congress
of the Republic and that serve to demonstrate the safety and efficacy of a pharmaceutical product or
chemical

for:

agricultural.

b) New product: It is one that contains a chemical entity that has not been previously approved
in the country.

Page 64

* Added by Article 4, of Congress Decree Number 30-2005 on 03-19-2005

ARTICLE 177 "quinquies". *
When the applicable regulations allow it, as a condition to approve the commercialization of a
pharmaceutical product, that people other than the person who originally submitted the information
on safety and efficacy are supported by evidence or information related to safety and efficacy
of a product that was previously approved, such as evidence of previous commercial approval in
Guatemala
or
on
other
country,
the
authority
administrative

correspondent:

a) It will apply in its approval process measures aimed at avoiding commercialization by those other
persons, of a product protected by a patent, covering the previously approved product or its
approved use during the term of said patent, unless done with consent or
approval
of
headline
from
the

patent;

Y

b) It will establish that the patent owner be informed of the application and the identity of any other
person requesting approval to enter the market during the term of a patent that, according to the
information that the owner has provided, has been identified that covers the approved product or its
approved use.
* Added by Article 5, of Congress Decree Number 30-2005 on 03-19-2005
* Amended by Article 69, of Congressional Decree Number 11-2006 on 05-30-2006

TITLE VI
PROCEDURAL ACTIONS
CHAPTER I
GENERAL DISPOSITION
ARTICLE 178. GENERAL PRINCIPLES.
In any judicial process for the protection of the rights regulated in this law and to combat the
acts of unfair competition, the following general principles must be observed:
a) Industrial property rights are private rights, without prejudice to the obligation of the
State to protect and protect these rights; Y
b) The state will ensure that effective, prompt and efficient measures are established against any act or
infringing omission of industrial property rights, including to prevent such infringements and
deter new infringements.

ARTICLE 179. LEGITIMATION OF LICENSEES.
Except for express contractual stipulation to the contrary, the exclusive licensee may promote the actions
judicial established in this law in order to protect your rights as such.
If the license agreement does not authorize the licensee to act judicially, he may initiate the
respective actions if it proves that it has required the owner of the right to exercise them and that they have

Page 65

more than two months have elapsed, counted from the date of the request, without any
promoted. However, before this period has elapsed, the licensee may request and obtain the
precautionary measures established in this law.
The owner of the infringed right may appear at any time in the process initiated by the
licensee.

ARTICLE 180. LEGITIMATION OF PARTNERS.
In the event of co-ownership of a right, any of the co-owners may promote the share for reasons
of an infringement without the need for the consent of others, except by agreement or agreement in
contrary.

ARTICLE 181. JURISDICTION.
The civil courts are competent to hear civil or commercial actions
promoted in accordance with the provisions of this law, unless established and organized
courts with special competence to hear such matters.

ARTICLE 182. PROCEDURES.
The civil or commercial processes that are promoted in the exercise of the actions regulated by this law
They will be processed in accordance with the oral trial procedure, established in Book Two, Title II,
Chapters I and II of the Civil and Commercial Procedure Code. Notwithstanding the provisions of this article and any
other provision contained in this law, which gives rise to civil or commercial actions, the
Interested parties may also use alternative dispute resolution methods, such as the
conciliation and arbitration.

ARTICLE 183. LOCATION OF THIRD PARTIES.
In all the processes regulated by this law, all persons whose
rights appear registered in the respective registry in relation to the right infringed or whose annulment
or nullity is intended.

ARTICLE 184. CALCULATION OF INDEMNITY. *
Compensation for damages that may proceed as a result of the processes regulated by
This law will be calculated, among others, based on the following criteria:
a) Damages will be calculated according to the damage suffered by the right holder as a result of the
activity
offender,
Y
can
include,

Come in

others:

Page 66

1) The loss of earnings by the owner of the right as a result of the infringement, the improper use of the
registration or the null and canceled patent or acts of unfair competition, based on the prices of
suggested sale or other legitimate measure of value presented by the right holder;
2) The price that the defendant and / or defendant would have to pay for a contractual license,
taking into account the commercial value of the infringed right and all contractual licenses already
granted;

Y

b) The damages will be calculated by the profit obtained by the offending party as a result of the acts
on
the
what
I know
based

the

process.

In the case of trademark infringements, the right holder can opt for compensation
equivalent to a maximum of ten (10) times the commercial value of each of the infringing merchandise
subject to seizure, confiscation or embargo as if they were legitimate products. Said compensation must
be determined by the appropriate court in the jurisdiction of the defendant and / or defendant, by a
sufficient amount to compensate the damage caused to the right holder by the infringement, as well as to
deter future infringements.
* Amended by Article 70, of Congress Decree Number 11-2006 on 05-30-2006; The last paragraph
it comes into effect three years after the NAFTA enters into force.

ARTICLE 185. CONTENT OF THE JUDGMENT. *
The judicial authority that, within the civil proceedings, issues a sentence that declares one of the
the actions provided for in this law based on the merits of the matter, may:
a) Order that the infringing merchandise be withdrawn from the commercial circuits without compensation
in any way that avoids causing damage to the right holder, or that they do not enter the circuits
commercial after customs clearance, or that are not exported, or that are destroyed as objects of
illicit

Commerce;

b)

violator;

Order

the

destruction

from

the

commodity

c) Order the destruction of the materials and instruments that have been used in the production of the
infringing merchandise, without any compensation for its owner; or in exceptional cases, without
compensation of any kind, order that they be removed from commercial circuits as a means to
minimize the risks of new offenses. When considering requests for their destruction, the
Courts will take into account the seriousness of the offense, among other factors, as well as the interests of
third parties, of the holders of rights of action against the thing, rights of possession or rights
contractual
or
d)

Ban

the

entry

from

the

commodity

to

the

guaranteed;
circuits

commercial;

e) Provide that the infringing merchandise can be delivered free of charge by the judge to entities
non-profit, private or public, so that they can use them exclusively in works or activities of
social welfare, prior authorization of the right holder, prior removal or removal of the signs
distinctive and that the merchandise can no longer be identified with the withdrawn brand. The simple withdrawal of the brand
of the merchandise in no case will it be enough to authorize the entry of the merchandise to the circuits
commercial.
f) Order that the offending acts or acts of unfair competition cease and that the measures be taken
necessary to prevent their consequences and recurrence and order compensation for damages;
g) Order the offending party to disclose all the information it possesses about any person who participates
in any aspect of the infringement and of the means of production or distribution circuits of the
infringing products or services, including the identification of third parties involved in their production and
distribution and its distribution circuits, delivering this information to the right holder. The
Judicial authorities shall be empowered to impose sanctions, when appropriate, on a party who
breaches
with
the
orders
valid
emanated
from

the

authority;

Y

h) In cases of falsification, order the confiscation of the documentary evidence pertinent to the offense.

Page 67

* Amended by Article 71, of Congress Decree Number 11-2006 on 05-30-2006

CHAPTER II
CIVIL ACTIONS
SECTION ONE
PRECAUTIONARY PROVIDENCES
ARTICLE 186. PROCEDURE. *
Whoever initiates or intends to initiate an action related to industrial property rights or due to the
commission of acts of unfair competition in accordance with the provisions of this law, you may request the
competent judge who orders the precautionary measure that he deems appropriate, in order to protect
your rights, prevent or prevent the commission of an offense, avoid its consequences and obtain or
preserve evidence. In the same resolution in which he decrees the requested measures, the judge may
require the applicant, prior to its execution, to pay a bond or other reasonable guarantee to
protect the party affected by the measure and the authority itself and to prevent abuses.
The precautionary measures may also be requested after the presentation of the memorial of
demand. When the order is not requested previously, but with the demand or after it, no
will be
necessary
constitute

warranty

some.

The judge must order and execute the measures requested within the non-extendable period of two (2)
days, provided that the applicant or petitioner has provided proof of ownership of the right
infringed and evidence that is reasonably available, allowing a reasonable presumption of the
infraction or the imminence of it. In the event that a guarantee is required, the period established at the beginning of
This paragraph will be forty-eight hours counted from the presentation of the bond or guarantee
required.
When ordering the pertinent precautionary order in the case of an invention patent, it will be assumed that
bliss
patent
it is

valid.

All precautionary measures will be processed and executed without notification or intervention by the party.
defendant, but they must be notified to it at the time of its execution or immediately after
of it. The courts will take the necessary measures to ensure that the request for orders
precautionary
be
maintained
on

reservation.

If the orders are ordered before the action begins, they will be without effect in full.
right if the person who obtained them does not file the corresponding claim within a period of fifteen (15)
days, counted from the date on which the measures were executed.
* Amended by Article 72, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 187. MEASURES. *
The Judge will order, according to the case, the measures that prudently tend to the protection of the right
of
complainant
or
petitioner,

such

What:

a) The immediate cessation of the use, application, placement and commercialization of the infringing products and
from
the
Actions

disloyal;

b) The confiscation of infringing products, including containers, packaging, wrappers, labels,
printed or advertising material, machinery and other materials that are the result of the infringement or are
they have used to commit it, and the means used to commit the offense;
c) The prohibition of the importation of the products, materials or means referred to in the previous literal;

Page 68

d) The confiscation and transfer to judicial deposits of the products, materials or means referred to in
the
literal

b);

e) The necessary measures to prevent the infringement or acts of unfair competition from continuing or
repeat, including the destruction of the products, materials or means referred to in literal b);
f) The annotation of the claim in the registration whose nullity or annulment is sought; Y
g) The suspension of sanitary or other registrations or licenses, which are necessary for
the entry, distribution, sale or commercialization of the infringing products.
The simple removal of the brands used or placed illegally will not prevent the established measures
in this article continue in force nor will it be sufficient to allow the goods or products
are introduced to the commercial circuits.
* Amended by Article 73, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 188. CONTRAGARANTEE. *
Once a precautionary measure has been granted or granted that tends to ensure the results of the process in
Regarding the restorative claim in a civil or commercial action, it cannot be annulled by means of
reasonable surety or guarantee. The surety or reasonable guarantee may only be granted to achieve the
lifting of precautionary measures that tend to ensure or protect a claim for compensation
strictly speaking strictu sensu. Therefore, article 533 of the Civil Procedure Code and
Mercantile or any other provision similar to precautionary measures such as those described in literal a),
b), c), d), e) and f) of the first paragraph of article 187 of this law.
* Amended by Article 74, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 189. JUDICIAL RECOGNITION.
The petitioner may, in the claim or in the request for precautionary measures, request that previously
a judicial recognition is practiced in places, documents or things that are related to the
right infringed, or, where acts are allegedly being committed or prepared to
the realization of the infringement of industrial property rights or acts of unfair competition, in
in which case the judge will order and execute it without requiring any guarantee. For the consequent effects, the
Resolution that orders the practice of judicial recognition will imply the search warrant.
The judicial recognition may be complemented with the presence of experts designated by the party
plaintiff or by the court itself, likewise the judge may order the display of movable or
documents. At the request of the party and in the judgment of the judge, scientific means of
test and take pictures or capture with image and sound the objects or places inspected and,
in the case of documents, they may be examined and copied by any means.
In the diligence of judicial recognition, the judge may order the precautionary measures that have been
requested and, if applicable, will set the amount of the corresponding guarantee, in accordance with the
established in article 186 of this law. If within five days the applicant does not pay or
constitutes the fixed guarantee, the judge will order the lifting of the decreed measures.

Page 69

SECTION TWO
BORDER MEASURES
ARTICLE 190. PRECAUTIONARY MEASURE ON THE BORDER. *
The precautionary measure at the border may be requested as follows:
a) The owner of a right protected by this law relating to trademarks or its licensee who has evidence
sufficient of a presumed import or export of goods that injure or infringe their
rights, you may ask the judicial authorities to order the respective customs office to suspend the
office
and
entry
or
the
process
from
export
b) Without prejudice to the foregoing, the customs authority may request ex officio, before the judicial authority
competent authority, the precautionary measure at the border, when you suspect that an imported, exported or
in transit violates a right protected by this law, without the need for a private entity or the owner
of the right present a formal complaint.

* Amended by Article 75, of Congress Decree Number 11-2006 on 05-30-2006; literal b)

from

the

themselves.

It will enter into force four years after the NAFTA enters into force.

ARTICLE 191. JURISDICTION AND CONTENT OF THE APPLICATION. *
It will be competent to hear the request for the border measure, the judge of first instance who
has jurisdiction in the territory where the corresponding customs office is located. In any case, in addition to
the special provisions contained in this section, the provisions and the established procedure
in this law, they will be applicable in the case of precautionary measures.
In addition to the relevant requirements, in the request for border measures, the petitioner must:
a) Provide evidence that gives reasonable indications of the alleged infringement; Y
b) Describe in sufficient detail the legitimate goods and provide all those
reasonable information that is known to the owner of the right in order that the goods
suspicious
be
recognized
easily
for

the

authorities

customs.

Before resolving, the judge may require the applicant and / or right holder to present evidence or
additional information that can reasonably be expected to be known to you. Throughout
In this case, compliance with this requirement and the requirement contained in literal b), should not be
unreasonable so that the procedure can be expeditious and not dissuasive from the use of the procedures.
* Amended by Article 76, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 192. NOTIFICATION OF THE SUSPENSION.
The resolution ordering the suspension must be immediately notified to the applicant and, once
has been executed, to the importer, consignee or exporter of the goods or products. In this
In the latter case, the notifications may be validly made to the customs agents accredited before the
respective customs.

ARTICLE 193. DURATION OF THE SUSPENSION.

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The suspension of imports or exports will be valid for a period of ten days, counted from
as of the date of notification of the resolution corresponding to the applicant. This term can be
extended only once for ten more days, if within the original period, the applicant for the measure
verifies that you have initiated legal action on the merits of the matter, or have obtained from the judicial authority
confirmation of the suspension as a precautionary measure.
If the legal action on the merits of the matter is not promoted, or the measure is not judicially decreed
As a precautionary measure, once the term established in the previous paragraph or its extension has expired, the suspension
It will be without effect and the customs authority will proceed to the dispatch of the respective merchandise.
Judicial officials who order or execute border measures will be exempted from all
responsibility, unless it is proven that they acted in bad faith or without strict adherence to the rules
contained in this chapter.

ARTICLE 194. RIGHT OF INSPECTION AND INFORMATION. *
Without prejudice to the obligation to protect confidential information, the judicial authorities
that order the border measure, may authorize the person who promoted them, free access to the
detained goods or products, so that you can inspect them and obtain additional means of
evidence in support of your claim. The importer or exporter shall have the same right. This measure is
It will be carried out in the presence of the respective judicial authority, with a summons from the opposing party.
In any case, whenever the authority determines that the retained merchandise or products infringe a
trademark, said authority will provide the right holder with all the information related to the name or
identification of the consignor, consignee or importer, including their address and the quantity of items
violators.
* Amended by Article 77, of Congress Decree Number 11-2006 on 05-30-2006

ARTICLE 195. INDEMNIFICATION.
Whoever requested the border measure will be responsible to the importer, the consignee and the owner
of the retained merchandise, for damages caused in the following cases:
a) If you do not file the claim within the period of fifteen days following the date on which the
executed the measure;
b) If the measure is revoked; or
c) If the claim is declared inadmissible.

ARTICLE 195 BIS. DISPOSITION OF COUNTERFEIT GOODS.
When the court has determined that the merchandise is counterfeit, it will order its destruction, unless
the owner of the right authorizes its disposal in another way.
The right holder may authorize donating the undestroyed merchandise to charity services for their use.
outside the commercial circuits; it will not be enough for the brand to be withdrawn to dispose of the merchandise of the
way described here. The withdrawal of the mark will remove the infringing characteristics of the merchandise for
what
already
not
I know
may
identify
with
the
brand

withdrawal.

Page 71

The simple removal of the trademark illegally attached will not be enough to allow the dispatch of the
goods to commercial circuits. Except in exceptional circumstances, the court will abstain
to authorize the export of counterfeit merchandise or to allow it to be the subject of a proceeding
different customs.
Added by article 78 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

ARTICLE 195 TER. CHARGES FOR STORAGE OR REQUEST IN THE MEASURES IN
BORDER.
In the event that a storage or request charge is established in relation to the measures in
border to enforce intellectual property rights, the amount of such charge shall not discourage
recourse to such measures unreasonably.
Added by article 79 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

ARTICLE 195 QUATER. CONSTITUTION OF GUARANTEE TO AVOID ABUSE.
The competent authorities shall be empowered to require that the holder of a right that has initiated
a suspension process, constitutes a reasonable guarantee or equivalent assurance, sufficient to
to protect the accused and the competent authorities, and to prevent abuse. Said guarantee or
Equivalent assurance will not unreasonably deter recourse to such procedures and the same
It can be an instrument issued by a financial service provider to leave the importer or
owner of the imported merchandise safe from damages resulting from the suspension of the
clearance of the goods, if the competent authorities determine that the goods are not
offending party.
Added by article 80 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

SECTION THREE
CIVIL ACTION FOR INFRINGEMENT AND CLAIM
ARTICLE 196. CIVIL ACTION FOR INFRINGEMENT.
The holder of a right protected by virtue of this law, may take legal action against any
person who infringes his right or executes acts that manifest the imminence of an infringement.
To this end, so that these rights are maintained and respected and so that they are restored in full
exercise and enjoyment of them, the holder of the right may judicially exercise any of the
actions established in literals b), c), d), e), f) and g) of article 35 of this Law.

ARTICLE 197. CLAIM OF THE RIGHT.

Page 72

When a patent or a registration has been requested or obtained by someone who was not entitled to it, or in
detriment of another person to whom such right also corresponds, the affected party may in his claim
request that the application in process or the right granted be transferred.

ARTICLE 198. INFRINGEMENT DURING THE PROCESSING.
The owner of a patent or an industrial design may demand compensation for damages and
damages to who, without their authorization, has used or exploited the claimed invention, the model of
utility or industrial design during the period between the date of publication of the application and
the date of granting of the patent or registration.
The compensation for damages will only proceed, in this case, with respect to the matter
claimed in the patent or registration and will be calculated based on the exploitation actually carried out
by the defendant during the mentioned period.

ARTICLE 199. PRESUMPTION OF EMPLOYMENT OF THE PATENTED PROCEDURE.
When the object of an invention patent is a procedure to obtain a new product and
this was produced by a third party without the consent of the patent owner, it will be presumed, except
it proves to the contrary that the product has been obtained through the patented procedure. Therefore,
it will be up to the defendant to prove that he has used a different procedure.
In presenting any evidence to the contrary, the legitimate interests of the
defendant for the protection of his business secrets, although this will not relieve him of the burden of the
proof.

ARTICLE 200. EXPIRATION OF THE ACTION.
The civil action for infringement of the rights conferred by this law, expires after two years from
from when the owner of the infringed right became aware of the infringement, or, after five years
counted from the last time the offense was committed, applying the term that expires first.
In the case of infringement in the matter of inventions established in article 198 of this law, the action
It will expire five years from the date of granting of the patent.
The action to claim the right will expire five years from the date of
registration of the patent or registration. The right will not prescribe or the action will expire, if the person who obtained the
patent or registration had acted in bad faith.

SECTION FOUR
NULLITY OR CANCELLATION ACTION
ARTICLE 201. LEGITIMATION.
The action to declare the invalidity of the registration of a distinctive sign or of a patent or registration of
industrial design, in the cases established in articles 67 and 139 of this law, may be raised by

Page 73

the Attorney General of the Nation, when interests of the State are affected and also by any
person considered affected.
The action to annul a registration or a patent can only be brought by the party affected by the
granting of the registration or patent, who may also demand the vindication of the sign, of the
invention, utility model or industrial design and payment of damages caused.

ARTICLE 202. ACTION, EXCEPTION OR RECONVENTION.
The nullity or cancellation of a right protected in accordance with this law can be presented as an action,
as a peremptory exception or in the process of counterclaim.

ARTICLE 203. EXPIRY.
The action to declare the absolute nullity of a registration or a patent does not expire.
The action for the annulment of a registration or a patent expires five years after the date of the
registration or granting of the patent, if the distinctive sign, the invention, the utility model or the
Industrial design have been in the trade for at least two years. If the sign, the
invention, utility model or industrial design has not been used commercially, the term of
The expiration of the cancellation action will be three years, counted from the date of the first use.
commercial. The expiration period of the annulment action does not run as long as the sign, the invention, the
utility model or industrial design are not used commercially by the alleged infringer, or
when they have been obtained in bad faith by the defendant.

SECTION FIVE
ACTION AGAINST ACTS OF UNFAIR COMPETITION IN THE MATTER OF
INDUSTRIAL PROPERTY
ARTICLE 204. ACTIVE LEGITIMATION.
Without prejudice to the provisions of the following paragraph, the person who considers himself affected may request the
competent authority the verification and declaration of the illegal nature of an alleged act of
unfair competition.
Any person who considers himself affected may directly initiate an action against an act of
unfair competition. In addition to the person directly harmed by the act, may exercise the action
any association or representative organization of any professional, business sector or of the
consumers when the interests of its members are affected.
For the exercise of this action, it is not essential to prove that you are the owner of a right protected by
this law; Consequently, the plaintiff will only be responsible for proving the existence of an act of
unfair competition from the defendant.

Page 74

ARTICLE 205. EXPIRATION OF THE ACTION.
The action for unfair competition expires two years after the right holder
became aware of the act of unfair competition, or five years after the
committed the act for the last time, applying the term that expires later.

CHAPTER III
CRIMINAL ACTIONS
ARTICLE 206. EXERCISE OF CRIMINAL ACTION.
It corresponds to the Public Ministry the exercise of criminal action against those responsible for the
crimes and misdemeanors typified in matters of Industrial Property in the Penal Code and other laws. The holder or
licensee of the infringed rights may provoke criminal prosecution by denouncing the violation of
such rights or adhere to the one already initiated by the Public Ministry, an entity that will be obliged to act
directly and immediately against those responsible. It may also urge criminal prosecution
any association or representative organization of any sector of production or
consumers.

ARTICLE 207. PRECAUTIONARY PROVIDENCES.
The Public Ministry will require the competent Judge to authorize any of the measures
precautionary measures established in this law or in the Criminal Procedure Code and that are necessary to
safeguard the rights recognized and protected by this law and in international treaties on the
matter of which Guatemala is a party, and that are being infringed, or, when its violation
is imminent.
Once the request has been submitted, the Judge will proceed in accordance with the provisions of articles 186 and 187 of this law,
authorizing the Public Ministry to proceed with its execution with the help of the police authority
necessary.

ARTICLE 207 BIS. MEASURES.
The

authorities

judicial

will be

empowered

in order to:

1) Order the confiscation of the goods that are suspected of being counterfeit, all material and
related implement that was used to commit the offense, any asset that may be
trace the offending activity and all documentary evidence pertinent to the crime. The goods that
are subject to confiscation as a result of such court order, they do not need to identify themselves individually,
provided they belong to the general categories specified in the order; Y
two)

Order,

Come in

other

measures:

a) The confiscation of all assets that can be traced to the infringing activity; Y
b) The confiscation and destruction of all counterfeit goods, without any compensation for the accused
in order to prevent counterfeit goods from re-entering commercial circuits.

Added by article 81 of Decree No. 11-2006 of the Congress of the Republic of Guatemala.

Page 75

ARTICLE 208. SPECIFIC PROCEDURE.
At any stage of the process, if there is an agreement between the owner or licensee of the rights
infringed and the person or persons responsible for the criminal offense, and the former have been
satisfactorily compensated for the damage caused and they have been paid, or duly guaranteed
the damages produced by the commission of any of the crimes established in the field of Property
Intellectual, the Public Ministry, with prior judicial authorization, may refrain from continuing the action
criminal in accordance with the provisions of the Code of Criminal Procedure. In this case, the judge will order
lift the respective precautionary measures, as well as file the file.

TITLE VII
TRANSITIONAL AND FINAL PROVISIONS
CHAPTER I
TRANSITORY DISPOSITIONS
ARTICLE 209. APPLICATIONS IN PROCESS.
Applications that are in process on the effective date of this law, will continue
being processed in accordance with the procedure established in the legislation in force on the date of its
presentation, but the records, inscriptions or patents resulting from said applications will be governed by the
provisions and will be granted for the terms established herein.
Requests that, as of the effective date of this law, are pending of
notification for reasons not attributable to the Registry, will be notified in accordance with the
procedures established for this purpose in the Civil and Commercial Procedural Code.

ARTICLE 210. * SPECIAL RULES ON PATENT APPLICATIONS.
Without prejudice to the provisions of article 211, they will be applicable to patent applications that are in
procedure upon entry into force of this law, the provisions of articles 15, 93, 109, 121, 122 and 123 of this
law. The term to prove to the Registry that the deposit has been made in accordance with article 109 will be
of two months from the effective date of the present.
Patent applications filed in accordance with the provisions of paragraph eight of Article 70
of the Agreement on Trade-Related Aspects of Intellectual Property Rights
(Annex 1C of the Marrakesh Agreement), approved by Decree Number 37-95 of the Congress of the
Republic, will be processed with absolute preference and in accordance with the provisions of this
law, applying the patentability criteria established therein as if they had
been in force on the date of submission of said requests.
To a patent application filed under the Invention Patents Act, Models of
Utility, Drawings and Industrial Designs (Decree Law Number 153-85), which is in process and in the
which has not proceeded to the appointment of experts, the provisions contained in
Articles 114, 115, 116, 117, 118, 119 and 120 of this, as long as the applicant so requests. In order to
For this purpose, the request must be formulated in writing with a notarized signature and be presented
within the three months following the date of entry into force of this law.
* Added the last paragraph by Article 2, of Decree Number 76-2002 of the Congress of the Republic
from Guatemala.

Page 76

* Repealed the last one by Article 3, of Decree Number 09-2003 of the Congress of the Republic of
Guatemala.

ARTICLE 211. REGISTRATIONS AND CURRENT PATENTS.
The distinctive signs registered in accordance with previous laws and whose terms had not
expired at the time of entry into force of this law, they will retain the validity that said laws
granted during the terms for which they were granted or for which they have been renewed. The
term of patents and registrations of industrial designs that have not expired at the time of entering into
This law is in force, it may be extended up to the maximum terms established in articles 126 and 159 of the
same, upon written request that the holder must submit to the Registry with two months of
anticipation, at least, to the expiration of the original term of the patent or registration.
Subsequent renewals of said records, when applicable, will be carried out in accordance with the
provisions of this law and will be governed by it; consequently, the annuities of
Patents and registrations will be calculated and paid according to the rates in effect on the date of
pay.

ARTICLE 212. CURRENT EXPRESSIONS OR SIGNS OF PROPAGANDA.
The records of expressions or propaganda signals carried out in accordance with the laws
above, they will expire on the expiration of ten years counted from the entry into force of this law. The
renewal of said records may be requested within said period and must be processed in accordance
with the provisions of this law.

ARTICLE 213. ACTIONS INITIATED PREVIOUSLY.
Legal actions of a civil nature in matters regulated by this law that have been initiated with
prior to the validity of the same, they will continue until its resolution in accordance with the provisions
under which they started.

ARTICLE 214. PUBLIC MINISTRY.
Within a period of one year from the effective date of this law, the Attorney General of the Republic shall
create and organize a Prosecutor for Crimes against Intellectual Property.

CHAPTER II
FINAL PROVISIONS
ARTICLE 215. SUPPLETARY RULES.

Page 77

The provisions of the Law of the Judicial Organism, of the Civil and Commercial Procedure Code and of the Law of the
Administrative Litigation, they will be applied additionally in everything that is not expressly regulated
by this law.

ARTICLE 216. MODIFICATION TO Article 275 OF THE PENAL CODE.
Article 275 of the Penal Code is amended, which is as follows:
"Article 275. Violation of industrial property rights. Without prejudice to responsibilities
corresponding civilians, will be punished with imprisonment from one to four years and a fine of one thousand to
five hundred thousand quetzals, who without the consent of the right holder, performs any of the
following acts:
a) Introducing, selling, offering for sale, storing or distributing products or services
protected by a registered distinctive sign or by an imitation or falsification of said signs, with
relation to the products or services equal or similar to those protected by the registry;
b) Using a commercial name, an emblem or a propaganda expression or sign in commerce
protected;
c) Introduce in the trade, sell, offer for sale, store or distribute products or services
protected by a registered distinctive sign, after having altered, substituted or suppressed it, totally or
partially;
d) Use, offer for sale, store or distribute products or services that carry a registered trademark,
similar in degree of confusion to another registered, after a resolution has been issued ordering
the cessation of the use of said trademark;
e) Manufacture labels, containers, wrappings, packaging or other similar materials that reproduce or
contain the registered sign or an imitation or forgery thereof, as well as commercialize,
store or hold such materials;
f) Fill or reuse for any purpose containers, wrappings or packaging that bear a distinctive sign
registered;
g) Use in the trade labels, wrappings, containers and other means of packing or packaging of the
products or identification of the services of a merchant or copies, imitations or reproductions
of the same that may lead to error or confusion about the origin of the products or services;
h) Using or exploiting someone else's business secret, as well as any act of commercialization, disclosure
or improper acquisition of such secrets;
i) Reveal to a third party a business secret that they have known as a result of their job, position, position,
profession, business relationship or by virtue of a license of use, after having been forewarned about
the confidentiality of such information;
j) Seizing a business secret by any means, without the authorization of the person who did it.
saves or its authorized user;
k) Manufacture, elaborate, trade, offer for sale, put into circulation, store or hold products
protected by a foreign patent;
l) Employ a procedure covered by a foreign patent or execute any of the indicated acts
in the previous literal, with respect to a product obtained directly by that procedure;

Page 78

m) Manufacture, elaborate, commercialize, offer for sale, put into circulation, store or hold
products that in themselves or in their presentation reproduce a protected industrial design;
n) Using in commerce, in relation to a product or service, a false geographical indication or
liable to mislead the public about the origin of that product or service, or about the identity
the product, its manufacturer or the dealer who distributes it; Y
ñ) Use in the trade in relation to a product, a false or misleading designation of origin, even
when the true origin of the product is indicated, a translation of the name is used or it is
use accompanied by expressions such as "type", "genre", "manner", "imitation" or the like.
The determination of the assumptions contained in this standard will be made based on the provisions
applicable of the Industrial Property Law. "

ARTICLE 217. MODIFICATION TO Article 358 OF THE PENAL CODE.
Article 358 of the Penal Code is amended, which is as follows:
"Article 358. Unfair competition. Whoever performs an act classified as unfair competition, of
According to the provisions on this matter contained in the Industrial Property Law, it will be
sanctioned with a fine of fifty thousand to one hundred thousand quetzals, except that the act constitutes an act of
violation of industrial property rights typified in article 275 of this Code. "

ARTICLE 218. MODIFICATION TO Article 414 OF THE PENAL CODE.
Article 414 of the Penal Code is amended, which reads as follows:
"Article 414. Disobedience. Whoever openly disobeys an order from an official, authority
or agent of authority, issued in the legitimate exercise of powers, will be sanctioned with a fine of
five thousand to fifty thousand quetzals. "

ARTICLE 219. MODERNIZATION OF THE REGISTRY.
When the Registry is able to do so, it will be able to progressively innovate the current system of
presentation of applications, processing, resolution and registration thereof, adopting, among others
technologies, document microfilming processes and / or computerization or systematization
electronics.

ARTICLE 220. REPEALED RULES.
Decree Law 153-85, Law of Invention Patents, Utility Models, Drawings and Designs is repealed
Industrial; articles 355 and 356 of decree number 17-73 of the Congress of the Republic; and the literals
b) and c) of numeral 3 of article 24 QUATER of Decree 51-92 of the Congress of the Republic, Code
Criminal Procedure, added by Article 3 of Decree 79-97 of the Congress of the Republic.

Page 79

ARTICLE 221. VALIDITY.
This decree will enter into force on November 1 of the year two thousand, and must be published in the
official diary.

GO TO THE EXECUTIVE BODY, FOR ITS SANCTION, ENROLLMENT AND PUBLICATION.
GIVEN IN THE PALACIO DEL ORGANISMO, LEGISLATIVO, IN THE CITY OF GUATEMALA, TO THE
THIRTY ONE DAY OF THE MONTH OF AUGUST OF THE YEAR TWO THOUSAND.
JOSE EFRAIN RIOS MONTT
PRESIDENT
CARLOS WOHLERS MONROY
SECRETARY
CARLOS HERNANDEZ RUBIO
SECRETARY
NATIONAL PALACE: GUATEMALA, SEPTEMBER EIGHTEEN OF THE YEAR TWO THOUSAND.
BE PUBLISHED AND ENFORCED

PORTILLO CABRERA
LIC. J. LUIS MIJANGOS C.
GENERAL SECRETARY
PRESIDENCY OF THE REPUBLIC
EDUARDO WEYMANN
ECONOMY MINISTER

