The Protection Of A Mark Is The Protection Of An Asset Of The Company

Autor:Mr J. Humberto Medina Alva and Claribel Medina
Cargo del Autor:CENTRAL LAW Medina, Rosenthal & Asociados

In Honduras the intellectual property law is based on international treaties and international agreements in which Honduras is a party.

The Industrial Property Law (Executive Decree 12-1999 of December 30, 1999) transcends the national legal framework, since it defines avant- garde concepts.

Through the applicable law on this matter the client obtains the protection for its mark and patents; distinctive signs (registered marks, service marks, slogans or publicity signs; collective marks; names of origin, among others). Also the protection against unfair competition that may cause a damage to a company.

Additionally, it provides mechanisms to stop and infraction to the legal system, allowing precautionary measures that may be applied immediately to prevent the damage.

In general, most of the national and international entrepeneurs, have understood the importance of protecting a mark and the development of the intellectual property of their business and they are ensuring it, sometimes with the set-up of their company.

However, some companies do not understand the meaning or scope of protecting a mark; they do not realize that is a cost-benefit analysis. Many times, because of ignoring the law or just because they do not want to invest on the trademark, companies are unprotected against other companies that have their marks already registered.

Regarding costs in the registry of a mark or protection of the industrial or intellectual property in a company, first it is important that the company defines the products to be protected and then must search legal advice from a firm with expertise on intellectual...

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