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Amendments to Trademark Laws

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Okt 16, 2012 (Newsletter Issue 15/12)
Panama
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Major Amendments to IP Laws


There have been major changes in the Intellectual Property Laws in Panama due to the implementation of the Free Trade Agreement with the U.S.

Panama has approved the following treaties:
- Trademark Law Treaty (TLT)
- Patent Cooperation Treaty (PCT)
- Budapest Treaty
- UPOV Treaty

Law No. 35 of 1996 has been amended to comply with these treaties and major changes are:
- Multiclass registration system for trademarks is now possible.
- Online registration will be available.
- Elimination of the requirement of authentication and legalization of Powers of Attorney.
- Elimination of the requirement to provide a certificate evidencing the existence of the applicant company.
- New requirement to declare a domicile in Panama for administrative and judicial purposes.
- The concept of registration of Powers of Attorney.
- Official trademark fees have been amended.
- Protection is granted to commercial names without registration being required.
- Mergers, assignments, change of name and address can be done for all the trademarks owned by one company at the same time with just one document.
- The best right system will change from first international use to local use.
- Opposition, nullity and cancellation actions can now be appealed up to the Supreme Court.
- Special rules and regulations on geographic indications.

The new legislation went into effect on October 1, 2012.

Source: Jimenez, Molino y Moreno, Panama and
Alfaro, Ferrer & Ramirez, Panama