Judicial Administration Structure for IP Disputes: Paraguay
Information provided by:
Intellectual Property Department of the Supreme Court of Justice of Paraguay
| SUPREME COURT OF JUSTICE | ||||||||||||||||||
| CIVIL DIVISION | CRIMINAL DIVISION (ADMINISTRATIVE DISPUTES) |
CONSTITUTIONAL DIVISION | ||||||||||||||||
| Civil and commercial courts of appeal | Criminal courts of appeal | |||||||||||||||||
| Civil and commercial courts | Criminal guarantee courts | Criminal guarantee courts for economic offenses | Courts of Audit | |||||||||||||||
| DINAPI | ||||||||||||||||||
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Civil matters ORDINARY: Civil infringements of intellectual property (IP) rights, including invalidation or cancellation for reasons of non-use (trademarks), cessation of use, compensation and unfair competition. |
Criminal matters ORDINARY: Includes offenses concerning trademarks, copyright, industrial designs, geographical indications and appellations of origin (amounts equivalent to less than 5,500 daily minimum wages). |
Criminal courts SPECIALIZED: Economic offenses concerning trademarks, copyright and related rights, industrial designs, geographical indications and appellations of origin, where the amounts involved in the infringements exceed the equivalent of 5,500 daily minimum wages. |
Administrative matters Matters concerning the administrative proceedings of the Intellectual Property Registry at the National Intellectual Property Directorate (DINAPI) and the registration and oversight of collective management organizations and other bodies established to manage IP rights and represent their holders. |
Constitutional matters The Constitutional Division rules on whether laws and other normative instruments are constitutional on the constitutionality or otherwise of final and interlocutory judgments issued by the lower courts. |
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The National Intellectual Property Directorate (DINAPI) is responsible for ensuring that administrative regulations governing the protection of intellectual property (IP) rights are applied[1].
Its main functions include[2]:
- Administering the grant and protection of IP rights (copyright and related rights, trademarks, industrial designs, patents and utility models, technology transfer, geographical indications and any others that may be provided for under laws and regulations.
- Fostering intellectual creation, whether literary, artistic or scientific, and its industrial application, and promoting the dissemination of technological expertise in the cultural and productive sectors.
- Representing the national interest in treaties and cooperation agreements on IP with other entities and countries.
- Administering the registration and authorization of, and oversight over, public or private collective management organizations for copyright, for the ownership of certification and collective marks, and for geographical indications and, in general, any entities established to manage IP rights and represent their holders.
Decisions issued by the Directors may be appealed before the Director General of Industrial Property. With decisions by the latter, the administrative channel is exhausted. Administrative decisions of the Director General may be challenged in the courts.
[1] Act No. 4798/2012 on the establishment of the National Intellectual Property Directorate (DINAPI), Article 3.
[2] Act No. 4798/2012 on the establishment of the National Intellectual Property Directorate (DINAPI), Article 4.
Civil and commercial courts
The civil and commercial courts may hear civil cases involving infringements of IP rights, including appeals for compensation for such infringements, the invalidation of registrations, and the cancellation of trademark registrations for reasons of non-use or unfair competition. They may also hear cases involving the collection of copyright fees by collective management organizations[5].
Criminal guarantee courts and criminal guarantee courts for economic offenses
The criminal guarantee courts may hear cases involving offenses with regard to trademarks, copyright, industrial designs, geographical indications and appellations of origin[6][7].
The criminal guarantee courts for economic offenses are specialized courts that hear cases involving economic offenses concerning sums in excess of the equivalent of 5,500 daily minimum wages[8].
Court of Audit
The Court of Audit hears and settles administrative appeals filed by individuals or administrative bodies against decisions made by DINAPI. It functions as the court of first instance in proceedings relating to government bodies. Such cases may be heard only when all administrative channels have been exhausted[9].
Civil and commercial courts of appeal
The civil and commercial courts of appeal hear appeals against rulings by the civil and commercial courts.
Criminal courts of appeal
The criminal courts of appeal hear appeals against rulings by the criminal guarantee courts and criminal guarantee courts for economic offenses.
Criminal courts of appeal specialized in economic offenses
The criminal courts of appeal specialized in economic offenses may hear appeals against rulings handed down by the specialized criminal guarantee courts for economic offenses[10][11][12].
Supreme Court of Justice
Civil Division
The Civil Division of the Supreme Court has jurisdiction to review rulings handed down by the civil and commercial courts of appeal.
Criminal Division (Administrative Disputes)
The Administrative Disputes section of the Criminal Division of the Supreme Court, through Secretariat No. 4 (which deals with administrative disputes), has jurisdiction to review rulings handed down by the Court of Audit. The Criminal Division itself has jurisdiction to review rulings handed down by the criminal courts of appeal.
Constitutional Division
The Constitutional Division rules on whether laws and other normative instruments are constitutional, and on the constitutionality or otherwise of final and interlocutory judgments issued by the lower courts.
[3] Constitution of Paraguay.
[4] Act No. 879/1981 (Code on the Organization of the Judiciary).
[5] Act No. 1337/1988 (Code of Civil Procedure).
[6] Act No. 1286/1998 (Code of Criminal Procedure).
[7] Act No. 3440/2008 amending provisions of Act No. 1160/97 (Criminal Code), Article 184.
[8] Act No. 6379/2019 establishing specialized criminal courts for economic offenses and organized crime.
[9] Act No. 1462/1935 establishing the procedures for hearing administrative disputes.
[10] Act No. 6379/2019 establishing specialized criminal courts for economic offenses and organized crime.
[11] Act No. 4679/2012 on Administrative Procedures.
[12] Act No. 6715/2021 on Administrative Proceedings.
In civil law cases, proceedings are conducted in accordance with ordinary procedures and in ordinary (non-specialized) courts.
For criminal law cases, there are specialized courts to deal with economic offenses, which include infringements of trademarks, copyright and related rights, industrial designs, geographical indications and appellations of origin, where those offenses involve sums in excess of an amount established by law (the equivalent of 5,500 daily minimum wages). Cases in which the sum concerned is lower are heard by the criminal guarantee courts.
Country-level statistics on IP-related criminal proceedings:
| YEAR | CASES FILED/ PROCEEDINGS |
CHARGES BROUGHT | INDICTMENTS | ITEMS OF MATERIAL DESTROYED | CONVICTIONS | ORAL HEARINGS CONDUCTED |
| 2021 | 326 | 54 | 9 | 116 | 5 | 3 |
| 2022 | 201 | 40 | 4 | 203 | 2 | 2 |
| 2023 | 343 | 31 | 3 | 100 | 4 | 3 |