Union européenne
Guatemala
Moyens de faire respecter les DPI
46. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
To ensure the enforcement of intellectual property rights, both the Industrial Property Law and the Law on Copyright and Related Rights provide for the holder of the corresponding rights to initiate legal proceedings, whether civil or criminal, in order to protect his rights against infringement or prevent infringements from being committed or avoid their consequences. There is no provision for such remedies under administrative procedures. These civil proceedings follow the trial procedure laid down in the Code of Civil and Commercial Procedure (Articles 182 of the Industrial Property Law and 133 of the Law on Copyright and Related Rights), without prejudice to the possibility of the parties involved resorting to alternative means of dispute settlement, such as conciliation and arbitration which are governed by a special law. In the case of criminal proceedings, it is for the public prosecutor to prosecute those responsible, although the right holder or licensee may initiate the prosecution by filing a complaint for violation of his rights or by joining proceedings initiated ex officio (Articles 206 of the Industrial Property Law and Article 128 of the Law on Copyright and Related Rights). There is also provision for applying, including before the initiation of any of the above-mentioned actions, provisional or precautionary measures to protect rights, prevent infringements or obtain and preserve evidence (Articles 186 and 207 of the Industrial Property Law and 128bis and 133bis of the Law on Copyright and Related Rights). In addition there is the possibility of requesting border measures to obtain an order suspending the importation or exportation of goods that impair or infringe the rights of a trademark proprietor or copyright or neighbouring right holder (Articles 190 of the Industrial Property Law and 129 of the Law on Copyright and Related Rights). and preserve evidence (Articles 186 and 207 of the Industrial Property Law and 128bis and 133bis of the Law on Copyright and Related Rights). In addition there is the possibility of requesting border measures to obtain an order suspending the importation or exportation of goods that impair or infringe the rights of a trademark proprietor or copyright or neighbouring right holder (Articles 190 of the Industrial Property Law and 129 of the Law on Copyright and Related Rights).