Geographical Indications

Legal basis: provisions are provided in the Law No. 35 of May 10, 1996 as well as in the Executive Decree No. 7 of February 17, 1998 and the Law No. 61 of October 5, 2012.

Definitions: Indication of source is the expression or sign used to indicate that a product or service comes from a particular country or group of countries, region or place. Denomination of origin is defined as a geographical denomination of a country, region or locality that serves to designate a product originating therein whose quality or properties are exclusively or essentially due to the geographical environment, including both natural and human factors. The Panamanian State shall be the owner of denomination of national origin, which may only be used with permission from the Executive.

Applicant: any natural or legal person. The use of geographical name as indication of source or denomination of origin is restricted to the producers and providers of services established in the locality, quality requirements also having to be met in relation to denomination of origin. It is prohibited to make use of indications of source and denomination of origin that do not genuinely correspond to the specific country, place or geographical region in which the goods were manufactured, produced, harvested or mined or the services provided, even when the true origin of the product is specified or where the geographical indication is used in translation or together with expressions such as “make,” “type,” “style,” “imitation” or the like.

Filing requirements for an application (to be sent to resident lawyer):
1. Name, nationality and the applicant(s) address and the place where they have their production or manufacturing establishments;
2. The denomination of origin whose registration is requested;
3. The delimited geographical area of production to which the denomination of origin refers;
4. The products for which the denomination of origin is used; and
5. A review of the basic characteristics of the products for which the denomination of origin is used.

Granting: the resolution that grants the registration of a denomination of origin will indicate (1) the delimited geographical area of production; (2) the products to which the denomination of origin will be applied; and (3) the basic characteristics of the products to which the denomination of origin will be applied.

Duration of protection: unlimited.

Modification: allowed at any time.

Cancellation: possible when the registration has been granted in violation of the law.

Infringement: same as for “Trademarks“.

Penalties: criminal actions. Panamanian law establishes penalties of two to four years imprisonment.