The recent intellectual property reform in El Salvador consolidates the Intellectual Property Law and the Trademark and Other Distinctive Signs Law into a single regulatory framework, simplifying its application and strengthening the protection of these rights. The Salvadoran Institute of Intellectual Property (ISPI) has been created, replacing the Intellectual Property Registry of the CNR as the entity responsible for administering and protecting these rights.

Copyright and Related Rights

The new law expands protection to digital environments, establishing regulations on the “making available to the public” and ensuring creators’ rights against modern technologies.

Exceptions for educational, scientific, and research purposes ensure that they do not affect the commercial exploitation of protected works.

Collective Management Organizations (EGC) must meet stricter requirements, including annual external audits and greater transparency in the administration of economic rights. Additionally, regulations on maximum fees and ISPI supervision are established.

Advertising Expressions or Signs

The use of advertising expressions or signs is regulated, defining them as original elements used to capture public attention.

The registration of these expressions is valid for ten years, renewable indefinitely as long as effective use is demonstrated during the previous period.

Trade Name

The trade name continues to identify businesses or establishments in their commercial activity. Exclusive rights are acquired through first public, continuous, and good-faith use.

Registration is independent of corporate names and can only be transferred along with the business. The registration is declarative, valid for ten years, and renewable for equal periods, provided that effective use is proven.

Industrial Protection

The law introduces the Bolar Exception, allowing the use of patented information for studies and research without infringing patent protection.

The protection period for industrial designs ranges from 10 to 15 years, benefiting sectors such as fashion, graphic design, and electronic products.

Economic Benefits

Distinctive signs registered before the new law will remain valid until completing ten years from their registration date. If the remaining period is less than two years, a minimum validity of two years is granted. An additional two-year period is also provided for renewing expired registrations.

Exemptions and fee reductions are established to facilitate access to intellectual property protection. Beneficiaries include:

• The State and municipalities (full exemption from fees).
• Educational institutions (full exemption on registrations and patents).
• Members of higher education institutions and cultural and art workers (50% discount on fees).
• Micro and small enterprises (50% discount on the registration of distinctive signs, patents, and copyrights).
• Special activities for the promotion of intellectual property (full exemption granted by ISPI).

Procedures initiated before the new law takes effect will continue to be governed by the previous regulations until their final resolution.

Given the impact of these changes, stakeholders are advised to review and closely follow the new law with the support of an intellectual property expert. Consulting a professional will allow for a proper interpretation of the requirements and ensure compliance with the provisions, particularly regarding the proof of effective use for renewals and the expansion of protections in key sectors.