EL SALVADOR: Customs Authority Enables Border Measures through Administrative Regulations

Finally, after several years of waiting, the Salvadoran Customs authority has instated the application of Border Measures in the country, by enacting Administrative Regulation No. DACG No. DGA 007-2012 in force since last June 15, 2012.

Such regulation gives life to the commitment acquired in Sections 51 through 60 of the TRIPS Agreement, and its effectiveness is yet to be tried in the real world.

You may access a Spanish version of the same in the following link: Administrative Regulation No. DACG No. DGA 007-2012.

EL SALVADOR: Political IP infringement??

The political campaign for electing Mayors and Senators in El Salvador has just begun.

In the past few days a political leader (and candidate for Senator) Mrs. Ana Vilma de Escobar, accused her opposing party (FMLN) of infringing her "Defiende tu voto" advertising campaign ("Defend your vote").

Truth be told, both signs are exactly the same phrase and type of letters. Giving rise to the question: is there really trademark or copyright infringement?

Unfortunately in El Salvador there is very limited protection for unregistered marks; however, there may be a cause of action for copyright infringement, based on the originality of the graphic design rather than the wording itself.

What do you think??