In order to strengthen management transparency and thus have an efficient organization to achieve its purposes, the National Directorate of Intellectual Property (DINAPI), by Resolution No. 11/2017, established new rules on the documentation required for the registration of assignment, transfer, license and other legal business in relation to registered trademarks.
The aforementioned resolution arose within the framework of a process of standardization of procedures and services in charge of DINAPI, a public entity in charge of the execution of the national Intellectual Property policy and of the application of the different rules that regulate intellectual rights -by virtue of Law 4798/12-.
In this sense, the resolution establishes that for the registration of assignment or transfer of rights over trademarks registered in the General Technical Directorate of Industrial Property (DGPI), the interested party must submit the original or authenticated copy of the Public Deed wherein the legal business to be registered is recorded for transactions carried out within the national territory, or the due apostille or consular authentication of the documents formalized abroad. Likewise, it regulates the procedures in cases of licenses of use and mergers of companies.
The aforementioned regulation also reminds and clarifies the requirements that the Public Deed to which it refers must comply with, finally instructing the Head Office of Legal Acts -depending on the DGPI- to promote strict compliance with the established provisions. In this way, since they are regulated acts, the acts registered in the absence of the indicated formalities will be null and void.
In case you need further information about the new registration procedure for assignment, transfer, license of use and other legal transactions, please contact Laura Lezcano (llezcano@vouga.com.py)