Relevant Documents

In this section you can find documents related to Intellectual Property and General Practice: forms, power of attorneys, contract models and laws.

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Contracts

Agency Contract
Contract to be used when an agent is needed to act on behalf of the representative for diverse reasons and its dully authorized to do so.

Area(s):

»General Practice - Commercial Transactions

»General Practice - Investment

»Intellectual Property - Franchising

Rural Lease Contract
Contract to be used to lease a real state property under certain conditions.

Area(s):

»General Practice - Commercial Transactions

»General Practice - Investment

Distribution Agreement
An agreement to be used to distribute and commercialize a product belonging to a foreign or national company by a local distributor in the territory of Paraguay.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Investment

Leasing Contract
Contract to be used when parties agree to lease a product with an option to buy it after certain term.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Project Finance

License Agreement
A trademark owner may grant a license for the use of a trademark to a third party or to a local company. The license may be granted for all or any of the products or services protected by the trademark.

Area(s):

»Intellectual Property

»Intellectual Property - Administrative Litigation

»Intellectual Property - Patents

»Intellectual Property - Trademarks

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

Acquisition Agreement
Agreement between the vendor and the purchaser to acquire businesses

Area(s):

»General Practice - Corporate Finance

»General Practice - Investment

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Labour Contract
A contract established between the employer and the employee to work on determined conditions subject to the labour code.

Area(s):

»General Practice - Employment

Service Agreement
Contract to render services subject to the civil code.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Employment

General Information

General Information about IP
General Information about Intellectual Property in Paraguay.

Area(s):

»Intellectual Property - Administrative Litigation

»Intellectual Property - Copyright Protection

»Intellectual Property - Domain Names

»Intellectual Property - Enforcement

»Intellectual Property - Judicial Litigation of Administrative Decisions

»Intellectual Property - Life Science

»Intellectual Property - Patents

»Intellectual Property - Sanitary Registrations

»Intellectual Property - Trademarks

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

»Intellectual Property - Utility Models and Industrial Models and Designs

»Intellectual Property - Watching service

Laws

Trademark - Law No. 1294/98
In Paraguay, trademark protection is established in the Trademark Law N° 1294/98 and its Regulatory Decree N° 22365/98.

Area(s):

»Intellectual Property - Administrative Litigation

»Intellectual Property - Enforcement

»Intellectual Property - Judicial Litigation of Administrative Decisions

»Intellectual Property - Trademarks

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

»Intellectual Property - Watching service

Industrial Drawings and Models - Law No. 868/81
In Paraguay, Industrial Models and Designs protection is established in the Law N° 868/81 and its Regulatory Decree N° 30007/82.

Area(s):

»Intellectual Property - Utility Models and Industrial Models and Designs

Patents - Law No. 1630-2000
In Paraguay, patent protection is established in the Patent of Invention Law N° 1630/2000 and its Regulatory Decree N° 14201/2001.

Area(s):

»Intellectual Property - Life Science

»Intellectual Property - Patents

Investment - Law No. 60/90
Incentives granted to investments in Paraguay.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Environment

»General Practice - Finance

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Investment

Distribution, agency or representation relationship between a foreign company and a local company - Law No. 194/93
Provisions and rules determining the concept, nature and penalties arising from the distribution, agency or representation relationship between a foreign company and a local company.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Investment

Maquila - Law No. 1064/97
Incentives granted to the maquila industry in Paraguay.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Investment

Copyrights and Related Rights - Law No. 1328/98
In Paraguay, Copyright protection is established in the Trademark Law N° 1328/98.

Area(s):

»Intellectual Property - Copyright Protection

Powers of Attorney

Power of Attorney
Legal document required to act on behalf of the constituent.

Area(s):

»General Practice - Investment

Power of Attorney (POA) Trademark
When the interested party does not appear personally need a provisional, general or special power of attorney. The applicant or his/her legal representative shall establish his/her domicile in the Capital of the Republic. Juridical persons may appear only through their attorneys, who must be licensed agents from the Industrial Property Office. Notarial Certification is required. Consular legalization is required for Judicial Matters. No consular legalization required for administrative procedures.

Area(s):

»Intellectual Property - Administrative Litigation

»Intellectual Property - Copyright Protection

»Intellectual Property - Judicial Litigation of Administrative Decisions

»Intellectual Property - Patents

»Intellectual Property - Trademarks

»Intellectual Property - Utility Models and Industrial Models and Designs

»Intellectual Property - Watching service

Special Power of Attorney (POA) Civil
A cancellation of a trademark application may be filed before the First Instance Civil Court if the term for filing the opposition action at the administrative level has expired. The owner of right to exclusive use of a registered trademark or of a commercial name may initiate an action before a judicial authority against any person who infringes upon said right. Also this POA can be used for Cancellation actions for nonuse of a trademark, judicial action against unfair competition. The Power of Attorney should be granted in accordance with the formalities required by law in the country where it is issued. The Power of Attorney mush be notarized and the notary must certify that the person is authorized to issue the document. The Power of Attorney must be legalized by the Paraguayan Consulate.

Area(s):

»Intellectual Property - Domain Names

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

Special Power of Attorney (POA) Penal
The owner of a registered trademark or his legal representative may file an accusation or a criminal complaint before a Public Prosecutor. For this purpose, a legalized Special Power of Attorney is required.

Area(s):

»Intellectual Property - Enforcement

Power of Attorney Intellectual Property (POA) + Latinoamerica
This document is a General Power of Attorney for Latin-American, including México and Brazil, and Caribbean Jurisdictions for registration of domain names, copyrights and related rights, patents of invention, utility models, industrial models or designs, trade and service mark registrations, renewals thereof.

Area(s):

»Intellectual Property - Trademarks

Power of Attorney (POA) – Sanitary Registration
When the interested party does not appear personally need a provisional, general or special power of attorney. The applicant or his/her legal representative shall establish his/her domicile in the Capital of the Republic. Juridical persons may appear only through their attorneys, who must be licensed agents from the Industrial Property Office. Registration of pharmaceutical, chemical and cosmetic products, as well as foodstuffs and veterinary products is required in order to comply with sanitary requirements for sale in the local market. All official documents given in the country of origin must be certified by a Notary Public and legalized by the Paraguayan Consulate.

Area(s):

»Intellectual Property - Sanitary Registrations

Proxy Shareholders
Power given by shareholders to be represented at Annual Shareholder´s Meeting

Area(s):

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Power of Attorney (blank form)
Legal document required to act on behalf of the constituent.

Area(s):

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Employment

»General Practice - Finance

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Irrevocable Proxy
Legal document required to act on behalf of the constituent that cannot be revoked.

Area(s):

»General Practice - Commercial Transactions

PoA – Constitution of Non Profit Associations
To establish a Non Profit Association a special Power of Attorney will be required. The document must be duly notarized and legalized at the Paraguayan Consulate at your end.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Investment

»General Practice - Project Finance

PoA – Establishment of a Corporation
To establish a Corporation a special Power of Attorney will be required. The document must be duly notarized and legalized at the Paraguayan Consulate at your end.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Energy & Telecommunication

»General Practice - Environment

»General Practice - Investment

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Others

Arbitration Clauses CAMP
Model clauses to be used when the parties agree to submit their disputes to arbitration with the CAMP Arbitration Rules (local arbitration rules).

Area(s):

»General Practice - Alternative Dispute Resolution

»General Practice - Investment

Bylaws
Bylaws models to be used subject to the type of activity and business.

Area(s):

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Investment

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Affidavit
In the event an opposition or judicial action is based on a foreign registration, a notarized and legalized affidavit has to be filed with simple copies of the registrations invoked in the opposition attached. The registration number(s), date, class and country of registration shall be detailed in the affidavit. attached. The registration number(s), date, class and country of registration shall be detailed in the affidavit. This affidavit must be notarized and legalized at the nearest Paraguayan Consulate.

Area(s):

»Intellectual Property

»Intellectual Property - Administrative Litigation

»Intellectual Property - Copyright Protection

»Intellectual Property - Judicial Litigation of Administrative Decisions

»Intellectual Property - Patents

»Intellectual Property - Trademarks

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

»Intellectual Property - Utility Models and Industrial Models and Designs

»Intellectual Property - Watching service

Document of Assignment
The assignment or transfer of any registered trademark, when carried out within the national territory, must be performed before a Notary Public. The assignment or transfer of a trademark, carried outside the national territory, shall be performed by means of a document valid in the country where the assignment or transfer is to take place. Any change of name, domicile, modification of judicial nature, merger, or any other alteration regarding the status of the trademark holder must be recorded at the Industrial Property Office in order for said changes to cause effects against third parties.

Area(s):

»Intellectual Property - Administrative Litigation

»Intellectual Property - Patents

»Intellectual Property - Trademarks

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

»Intellectual Property - Utility Models and Industrial Models and Designs

Investing in Paraguay
Paraguay enjoys an economic system that is based on free trade. A free currency exchange system, free import and export, tax exemption on investments and free transfer of capital has been introduced, at the same time a strict monetary stabilizing program has been put into effect, with tax adjustments designed to control inflation.

Area(s):

»General Practice

»General Practice - Alternative Dispute Resolution

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Employment

»General Practice - Energy & Telecommunication

»General Practice - Environment

»General Practice - Finance

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Immigration

»General Practice - Investment

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Comments to Law No. 194/93
Provision, rules determining the nature, penalties arising from the distribution, agency or representation relationship.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Investment

Comments - Amparo
A petition of Amparo is intended to be a judicially enforceable guarantee to the rights and freedoms established in the Constitution, similar to those established by the US Constitution´s Bill of Rights or the Canadian Charter of Rights and Freedoms.

Area(s):

»Intellectual Property - Enforcement

»Intellectual Property - Unfair Competition, Civil Law & Intellectual Property Litigation

Non Profit Associations of the Law Firm
BERKEMEYER Attorneys & Counselors has established and advised on their ongoing operation the following Non Profit Organizations that are operating in Paraguay.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Energy & Telecommunication

»General Practice - Environment

»General Practice - Finance

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Investment

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

»Intellectual Property - Franchising

»Intellectual Property - Life Science

Corporate Tax Advisers
Worldwide networks and alliances unite tax and accountancy professionals from around the glove to better serve their clients cross border needs on a global scale. The article provides you a map of leading corporate tax advisers cross the globe.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Finance

»General Practice - Investment

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

Anti-Dumping Investigations Against China in Latin America
Report on Non-Market Economy (NME) issue and the use of the surrogate country method in anti-dumping (AD) investigations in Latin American countries against China exports.

Area(s):

»General Practice - Commercial Contracts

»General Practice - Commercial Transactions

»General Practice - Corporate Finance

»General Practice - Finance

»General Practice - Franchising, Licensing, Agency and Distribution Law

»General Practice - Investment

»General Practice - Joint Ventures

»General Practice - Mergers & Acquisitions

»General Practice - Private Equity

»General Practice - Project Finance

»Intellectual Property - Franchising

	Offices: Jacaranda Building 4th Floor Benjamín Constant 835 P.O. Box: 285 Asunción - Paraguay
Telephone Telefax Email	(+595 21) 446706 (+595 21) 497085 law@berke.com.py

LINKS

Martindale

CT Corsearch

Chambers & Partners Latin America

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Pro Bono - Legal Assistance to the AmCham
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Disclaimer
The materials available at this web site are for informational purposes only and not to be construed as providing legal advice. Please contact one of our attorneys to obtain legal advice with respect to any particular issue or problem.