DR-CAFTA has brought about important changes in Honduran IP law. Decree 16-2006 which contains the Law of Application of the Free Trade Treaty (DR-CAFTA) states the Law's objective of protecting, promoting and strengthening the legal security for the different categories of IP rights contained in the legal instruments.
DR-CAFTA triggered a significant number of amendments to and repeals of several laws concerning intellectual property. We will consider three important innovations: provisions related to certification marks, geographical indications and appellations of origin.
Honduran IP law already contained regulations concerning collective marks, those signs that distinguish geographical indications, fabrication processes or other common characteristics of the goods or services offered by different persons who use the collective mark. Collective marks are related to the creation of frameworks of cooperation between local producers and SMEs (PYMEs in Spanish), and thus may become powerful tools for local development.
Honduran IP legislation is enriched with the incorporation of a specific section dedicated to certification marks. These are given for compliance with defined standards but are not confined to any type of membership as are collective marks.
The main difference between collective marks and certification marks is that the former are normally used only by a specific group of people or enterprises in order to jointly market the products of a group, whereas certification marks may be used by anybody who meets certain quality standards set forth by the owner of the certification mark. Anyone who can prove or certify that his products meet certain standards may use a certification mark. The certification mark shows that the goods or services to which it is attached meet certain quality standards. Well-known examples of these are WoolMark and Max Havelaar.
This new regulation providing for certification marks should represent a useful legal instrument to help smaller companies and enhance them to take part in the marketplace.
Another important innovation covers geographical indications (GIs) and appellations of origin (AOs). DR-CAFTA led to amendments to 11 articles of the Honduran IP Law to grant better protection to GIs and AOs. Section III of Decree 16-2006 "On the definition, acknowledgement and protection of Geographical Indications" introduces important provisions to better protect them.
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| Juan José Alcerro Milla |
aclBrands
Regional Coordinator Office
7a Avenida 5-10, Zona 4, Centro Financiero, Torre II, Nivel 11,
Oficina No 1, Guatemala City
Guatemala
Tel: +502 2331 2219
Fax: +502 2331 2239
aclbrands@aguilarcastillolove.com
www.aclbrands.com
