Geographical indications are protected under the provisions governing unfair competition, pursuant to Art. 101.2(c)² , (e)³ in relation with Art. 8(i)⁴ , (f)⁵ in relation with Art. 9(h) and (f)⁶ , and Art. 64⁷ of the Law on Trademarks and Other Distinctive Signs. The right of protection against unfair competition is exercised before the competent courts, namely the civil and commercial courts (Art. 102 of the Law on Trademarks and Other Distinctive Signs). Nonetheless, it may also be exercised before the administrative authority, by opposing registration and invoking the relevant subparagraphs of Arts. 8 and 9, in accordance with Art. 16 of the Law on Trademarks and Other Distinctive Signs; these provisions may also be applied ex officio in the substantive examination of an application without any need to invoke them, if they are already known to the examining authority. In addition to the provisions governing unfair competition, the right of protection may also be exercised under Art. 64 of the Law on Trademarks and Other Distinctive Signs. Our legislation does not specifically provide for "recognition" of geographical indications. A geographical indication must be registered in accordance with national legislation (Art. 67 of the Law on Trademarks and Other Distinctive Signs) in order for protection to be conferred. In the case of foreign geographical indications, the documents issued by the competent authorities in the country of origin are recognized (Art. 69 of the Law on Trademarks and Other Distinctive Signs).

Our legislation provides that geographical indications may be protected under the following two regimes: a. A geographical indication may be protected as a trademark (individual, collective or certification mark) under Art. 4 of the Law on Trademarks and Other Distinctive Signs. b. Procedure for registration of a geographical indication: Arts. 64 ff. of the Law on Trademarks and Other Distinctive Signs.

No.

The Law on Trademarks and Other Distinctive Signs⁸ , specifically the provisions mentioned in response No. 1 above. The Law and amendments thereto have been notified to the WTO.

N/A.

CAFÉ APANECA ILAMATEPEC, registered as No. 00003, Appellations of Origin Book 00001. Collective marks, such as Pupusas 100% Olocuilta and logo, and San Lorenzo jocote and loroco, and logos.

Yes, any kind of product that meets the requirements laid down in national legislation is accorded the same level of protection as a geographical indication or appellation of origin.

Geographical Indication: Any geographical name, designation, picture or sign which identifies or evokes a good originating in a particular country, group of countries, region, locality or place, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin (Art. 2(j) of the Law on Trademarks and Other Distinctive Signs).

Not in the preceding definition, but in the definition of the term appellation of origin, which reads as follows: According to the notion of appellation of origin set forth in national legislation, the constituent elements of an appellation which, without being from a particular country, region or place, refers to a particular geographical area when used in conjunction with products originating from the said area, shall also be deemed to be an appellation of origin.

The registration criteria are laid down in Art. 68 of the Law on Trademarks and Other Distinctive Signs.

Our legislation provides that human creativity and human factors are involved. There is no mechanism for establishing the level of human creativity in products protected by geographical indications.

No other intellectual property rights are involved.

The Intellectual Property Registry, through the registration process, and the definition is based on the application filed by the requesting producers or authorities.

The legislation applicable to homonymous geographical indications is consistent with the provisions of the TRIPS Agreement.

Yes, recognition is provided for under Art. 67 of the Law on Trademarks and Other Distinctive Signs.

Art. 67.4 of the Law on Trademarks and Other Distinctive Signs links the protection of foreign geographical indications in El Salvador with their protection in the country of origin: "Foreign producers, manufacturers or craftsmen, as well as the competent authorities of foreign countries, may apply for registration of foreign appellations of origin or geographical indications, provided that these are protected in the country of origin". Likewise, Art. 73 E provides that: "Geographical indications and appellations of origin protected under the provisions of this Law shall not be considered common or generic to distinguish the product identified by them, as long as such protection obtains in the country of origin".

Producers, manufacturers or craftsmen established in the relevant geographical area, as well as the competent public authorities, may apply for registration of national geographical indications. Producers, manufacturers or craftsmen and the competent authorities in the country of origin may apply for registration of foreign geographical indications. Art. 67.2 4 of the Law on Trademarks and Other Distinctive Signs.

The National Registration Centre's Intellectual Property Register is the administrative authority responsible for administering intellectual property rights.

An application has to be filed by the interested party, pursuant to Art. 67 of the Law on Trademarks and Other Distinctive Signs.

The fees are set out in Art. 109 of the Law on Trademarks and Other Distinctive Signs.

No, they are not exclusively geographic in nature.

They are laid down in Arts. 68 and 69 of the Law on Trademarks and Other Distinctive Signs.

See Arts. 69 and 73 A of the Law on Trademarks and Other Distinctive Signs.

Yes, the goods must be indicated (Art. 69(f) of the Law on Trademarks and Other Distinctive Signs).

The procedure for opposition follows the rules laid down in Arts. 16 and 17 of the Law on Trademarks and Other Distinctive Signs. Once registration has been granted, any complaints are heard by the civil and commercial courts; there is no investigation, but the evidence submitted by the parties is appraised. In the event of a criminal complaint, the investigation is conducted by the Office of the Attorney General of the Republic.

Any party claiming a legitimate interest, pursuant to Art. 16.1 of the Law on Trademarks and Other Distinctive Signs.

To obtain protection for a foreign geographical indication or appellation of origin, it is necessary to follow the procedure for registration laid down in Arts. 68 and 69 of the Law on Trademarks and Other Distinctive Signs, which begins with the filing of an application with the National Registration Centre's Intellectual Property Registry. The main steps of the procedure are as follows: • Application • Examination • Publication (Opposition where necessary) • Payment of fees • Registration

The term of registration of a geographical indication or appellation of origin is indefinite, as long as the conditions that gave rise to the protection obtain, in accordance with Art. 72 of the Law on Trademarks and Other Distinctive Signs. The term of recognition of a geographical indication as a trademark (individual, collective or certification mark) is ten years, renewable for further ten year periods.

In the case of trademark (individual, collective or certification mark) protection, it is necessary to file an application for renewal that meets all the requirements laid down in Art. 22 of the Law on Trademarks and Other Distinctive Signs, and to pay the fee prescribed in Art. 109 of the Law.

No.

There is no limit on use in the case of a registered geographical indication or appellation of origin. In the case of a geographical indication protected as an individual mark, protection is not forfeited for failure to use it, except if an interested party requests that it be cancelled on grounds of non use (Art. 41 A of the Law on Trademarks and Other Distinctive Signs) and, in the case of collective marks, cancellation may be sought under Art. 51 of the Law on Trademarks and Other Distinctive Signs. In either case, a petition for cancellation may be filed with a civil or commercial court, in the first instance after five years of failure to use the mark in El Salvador, and in the second, after one year of exclusive use by the owner but not by the authorized persons.

There is no mechanism for ascertaining continued compliance with the conditions that gave rise to the registration or use of geographical indications or appellations of origin; on the other hand, in the case of geographical indications or appellations of origin, any interested party may file a petition for cancellation with a civil or commercial court on grounds of failure to comply with the criteria set out in the application, pursuant to Art. 74.2 of the Law on Trademarks and Other Distinctive Signs.

N/A.

In the case of a geographical indication or appellation of origin, any interested party may file a petition for cancellation with a civil or commercial court on grounds of failure to comply with the criteria set out in the application, pursuant to Art. 74.2 of the Law on Trademarks and Other Distinctive Signs. The ordinary declarative procedure before a civil or commercial court is used for the purposes of cancellation, pursuant to Arts. 41 A and 74.2 of the Law on Trademarks and Other Distinctive Signs and Art. 240 of the Code of Civil and Commercial Procedure.

Such procedures are not conducted ex officio but on the initiative of any interested party.

Use of a geographical indication or appellation of origin is subject to an authorization of use being granted by the administering body, in accordance with the registered rules of administration or use. A foreign geographical indication or appellation of origin is governed by the applicable legislation in the country of origin. Use of a geographical indication registered as a collective or certification mark is subject to compliance with the requirements and procedures laid down in the rules of use registered together with the mark. Use of an individual mark is an exclusive right of its owner, except where a license for use has been granted, in accordance with Arts. 5, 26 and 35 of the Law on Trademarks and Other Distinctive Signs.

The entity holding the registration or the administrative body, depending on whether the determination concerns a trademark or a geographical indication or appellation of origin.

The relevant rules of use and administration determine whether an authorization of use is issued free of charge or for a fee.

In the case of a geographical indication or appellation of origin: Art. 73 D of the Law on Trademarks and Other Distinctive Signs. In the case of an individual mark: during the term of registration or the term stipulated in the licence (Art. 35 of the Law on Trademarks and Other Distinctive Signs). In the case of a collective mark or certification mark: as established in the rules of use registered together with the mark.

As laid down in the relevant rules of use.

Depending on the relevant rules of use, the response to question 39 applies.

[Answer 39: In the case of a geographical indication or appellation of origin: Art. 73 D of the Law on Trademarks and Other Distinctive Signs. In the case of an individual mark: during the term of registration or the term stipulated in the licence (Art. 35 of the Law on Trademarks and Other Distinctive Signs). In the case of a collective mark or certification mark: as established in the rules of use registered together with the mark.]

Licensing of geographical indications, appellations of origin, collective marks or certification marks is not allowed. Only individual marks may be licensed.

See Art. 64.3 of the Law on Trademarks and Other Distinctive Signs: "Nothing shall prevent continued and similar use of a particular geographical indication in connection with goods or services by any Salvadoran national or person domiciled in the country that has used that geographical indication in good faith and in a continuous manner with regard to the same or related goods or services in the territory of the Republic on the date established by international treaties to which El Salvador is party".

Arts. 8 and 9 of the Law on Trademarks and Other Distinctive Signs.

Arts. 68(d) and Art. 9 of the Law on Trademarks and Other Distinctive Signs.

Administrative jurisdiction (registration process) for the purposes of opposition: Art. 16 of the Law on Trademarks and Other Distinctive Signs. Judicial jurisdiction: • Administrative courts a. Administrative dispute • Civil and commercial courts a. Invalidation of a distinctive sign: Art. 39 of the Law on Trademarks and Other Distinctive Signs b. Cancellation on grounds of non use: Art. 41 A of the Law on Trademarks and Other Distinctive Signs

Art. 101 of the Law on Trademarks and Other Distinctive Signs: Acts of unfair competition involving industrial property. Art. 102 of the Law on Trademarks and Other Distinctive Signs: Action against acts of unfair competition.

The administering body (Art. 73 B of the Law on Trademarks and Other Distinctive Signs).

The civil and commercial courts, pursuant to Art. 113 of the Law on Trademarks and Other Distinctive Signs. There are no fees involved.

Once an application for a distinctive sign, including geographical indications and appellations of origin, has been filed and declared admissible for processing, the respective notifications must be made public by means of publication in the Official Journal and a national newspaper, in accordance with Art. 15 of the Law on Trademarks and Other Distinctive Signs.

Criminal Code: Title IX, Offences/Offences against the socioeconomic order/Chapter I on offences relating to industrial property. "Art. 229: The reproduction, imitation, modification or use of any kind of a mark, trade name, expression, advertising sign or any other distinctive commercial sign for industrial or commercial purposes and without the consent of the holder, in violation of the rights appertaining to the industrial property registered in conformity with the law, shall be punished by two to four years' imprisonment. (30) The same penalty shall apply to those who export, import or possess for the purposes of sale or placing on the market, products or services bearing marks or distinctive commercial signs which, in accordance with the preceding paragraph, constitute an infringement of the exclusive rights of the holder. (30)"

El Salvador has signed the following free trade agreements containing specific intellectual property related provisions or chapters that also provide for the protection of geographical indications: - Dominican Republic Central America United States FTA (DR CAFTA) - FTA between Chile and Central America - FTA between El Salvador and Panama - Association Agreement between Central America and the European Union - FTA with Mexico

None.