Icaza, González-Ruiz & Alemán’s Intellectual Property and Brand Protection practice assists in all aspects related to trademarks, patents, utility models, industrial designs, slogans, copyrights, trade, and domain names, Brand Protection and Anti-Counterfeiting, Data protection, as well as unfair competition and regulatory matters.
Icaza, González-Ruiz & Alemán’s Intellectual Property and Brand Protection practice assists in all aspects related to trademarks, patents, utility models, industrial designs, slogans, copyrights, trade, and domain names, Brand Protection and Anti-Counterfeiting, Data protection, as well as unfair competition and regulatory matters.
These legal services are provided in connection with a wide variety of products and services that range from chemicals to banking services, including colorants, cleaning preparations, cosmetics, pharmaceuticals, electronic goods, software, surgical devices, vehicles, watches, jewelry, printed materials, furniture, clothing, games, food, beverages, tobacco, telecommunication, transportation, and education material, among others.
The firm’s highly active and recognized Brand Protection and Anti-Counterfeiting practice helps clients create and implement specific and practical strategies to protect their brands from counterfeit activities. In addition, we offer market surveillance in known hotspots where fake goods are usually sold, as well as in social media and e-commerce.
We also work closely with the IP Prosecutors Office, the National Customs Authority, and risk analysis officials in ports to target suspect containers with counterfeit goods in transit through Panama. Moreover, we provide regular training to public officials in the region on behalf of our clients on identifying fake goods.
The practice has been consistently ranked in publications such as Chambers Latin America, WTR 1000, and Managing IP. In addition, it has won Trademark firm of the year in Panama, awarded by WTR and IAM at The Global IP Awards in 2020 and by Managing IP in 2021.
Our team assists clients in the prosecution and defense of their IP rights locally and internationally, from creation, or acquisition, filing or registration, to management, licensing agreements, and infringement, through enforcement by a range of litigation procedures in both Civil and Criminal Courts.
The IP Litigation team has a high success rate in defending our clients’ Intellectual Property rights through oppositions, complaints, nullity and cancellation proceedings, unfair competition complaints, and criminal proceedings.
Frequently Asked Questions
Panama protects a wide range of IP rights, including:
- Inventions: Patents, Utility Models, and Industrial Designs.
- Distinctive Signs: Trademarks, Service Marks, Collective Marks, Guarantee Marks, Slogans, and Trade Names.
- Other creations: Copyrights/Neighboring Rights, Trade Secrets, Geographical Indications, Plant Variety Rights, and Cultural Identity / Traditional Knowledge of Indigenous People.
The duration varies depending on the type of IP:
- Patents: 20 years. Supplementary protection certificates are available for non-pharmaceutical patents.
- Utility models: 10 years.
- Industrial designs: 10 years, renewable for 5 years.
- Trade secrets: Indefinite, as long as kept secret.
- Distinctive signs: 10 years, renewable indefinitely.
- Geographical indications: Indefinite.
- Copyrights: Moral rights are perpetual; economic rights last 70 years after the author's death.
- Neighboring rights: 70 years from publication of the work.
- Plant varieties: 20/25 years from granting.
- Cultural identity/traditional knowledge: Perpetual.
The following are the procedures for different types of intellectual property applications:
- Patents and utility models: Inventor or assignee can apply. After an examination as to the form and industrial applicability, the application is published for disclosure. Subsequently, the Patent Office conducts a search and issues a Report on the State of the Art, which is published for comments. An opportunity to amend the claims is given to the applicant, prior to the execution of a Substantive Examination and the granting or refusal of the patent.
- Industrial designs: Creator or assignee can apply. After an examination as to the form and a favorable local novelty report, it is published for opposition purposes. If within a two-month period no opposition is filed, the registration is granted by the Patent Office.
- Distinctive signs: User or potential user (individual or entity) can apply. Once the application is reviewed, it gets published in the Industrial Property Bulletin. Anyone who claims to have rights to the sign has two-month period to object. If no one objects after this period, the registration is officially granted.
- Geographical indications: Group of producers or corresponding public authority can apply. Follows the Distinctive signs procedure.
- Plant varieties: The breeder or the assignee may file the application. Follows the Distinctive signs procedure.
- Cultural identity/traditional knowledge: Indigenous People's Authority can apply. Follows Distinctive Signs procedure.
- Patents and utility models: 4+ years.
- Industrial designs: 1-3 years.
- Distinctive signs: 10-18 months.
- Geographical indications: 18-24 months.
- Plant varieties: 3+ years
- Cultural identity/traditional knowledge: 2+ years.
| Fees | Application (USD) | Maintenance |
|---|---|---|
| Patents | $133.00 | 2Q: $226.50, 3Q: $226.50, 4Q: $326.50 |
| Utility models | $83.00 | 2Q: $126.50 |
| Industrial designs | $83.00 | 2Q: $126.50, 3Q: $150.50 |
| Distinctive signs | $145.00 | $138.50 |
| Geographical indications | $253.00 | N/A |
