– Industrial Property Law of October 14, 1955.

Note: provisions of Decision 486 of the Andean Community (Cartagena Agreement) are no longer in force since September 17, 2008. A new Industrial Property Law is in preparation and expected to be enacted in the near future.

– Convention Establishing the World Intellectual Property Organization (WIPO), since November 23, 1984.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 12, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 16, 1999.

Applicant: the creator, his assignee or his heirs.

Foreigners and nationals not living in the country: must apply through a duly registered attorney.

Designs of foreigners: foreign models and designs can be protected.

Novelty: not be made available to the public anywhere in the world.

Priority: six months, according to Paris Convention.

Multiple designs: may not be claimed in a single application.

Territory covered: Republic of Venezuela.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (legalized by a Venezuelan Consulate, or Apostille);
2. Assignment document, (legalized as above, or Apostille);
3. 3 sets of drawings.

Note: all documentation must be translated into Spanish by a Venezuelan sworn translator.

Amendment of application: possible at any time during the registration procedure.

Examination: as to form and novelty. No substantive examination unless opposition is filed.

Alterations: possible at any time during the registration procedure.

Application kept secret: while the models or designs remain unpublished.

Opposition: can be filed on the grounds of lack of novelty or prior use.

Publication: notice of the design or model is published in the Official Bulletin for opposition purposes.

Beginning of protection: from the date of granting.

Duration: ten years from the filing date; no extension.

Renewal: not possible.

Annuities: the first annuity must be paid at the time of filing of the application; the others must be paid before the end of each year.

Marking of registered goods: compulsory.

Working: not compulsory.

Assignment: by a duly executed document, legalized by a Venezuelan Consulate, or by Apostille.

Licenses: can be granted to a local company by means of an agreement between the interested parties.

Rights of prior user: provided for.

Opposition to registered models and designs: not possible, but a petition for cancellation is feasible before the courts. This action can only be taken within two years of the registration date.

Annulment of registration: same as for opposition.

Expropriation: can take place when the design is considered to be of interest to the State or to the public.

Nullification: is possible if the design was obtained in violation of the law.