Uruguay respects international intellectual property standards, copyrights, trademarks and patents are expressly protected by law.
Author rights
Under the Law of Literary and Artistic Property, protection of copyright in Uruguay includes literary, scientific and artistic works for a certain period. Within this period, the author or the acquirer of the copyright has certain exclusive rights to the copyrighted work, which is protected against unauthorized use or violation of these rights.
The protection of copyright is in effect during the life of the author of the works and for an additional term of fifty years after his death. If the work is not published, performed or displayed within ten years from the date of death of the author, the work becomes domain public and may be freely used.
Foreign works are also included in the legal protection, but in these cases the fulfillment of the legislation in the country of origin must be demonstrated.
The works protected by copyright are recorded in the register kept by the Copyright Office of the National Library. This registration is optional and failure to register does not affect in
any way the rights recognized by the Law of Literary and Artistic Property.
Uruguay has ratified the Berne Convention for the Protection of Literary and Artistic Works, under which the authors from a signatory country, who publish their works in Uruguay, have the same rights granted to national authors.
The rules described above also apply to the software and creative work in the areas of electronics and information technology from foreign countries.
Trademarks
Trademark means any sign capable of distinguishing the goods or services of a natural or legal person from those of another. These signs can be both seen and unseen, including also advertising slogans. Trademarks need to be registered in the National Directorate of Industrial Property (DNPI) in order for the registrant to acquire the exclusive right for their use, as
well as the protection granted to him for a period of ten years, renewable for successive periods of ten years indefinitely.
Exclusive ownership of a trademark is only acquired in relation to the products for which the application was requested. Therefore, a trademark can be used by others if it is related to other products.
The ownership of the trademark may be transferred to third parties by private agreements or deeds, but it is always advisable to register the transfer in the DNPI in order to obtain
protection against the violation of rights.
The use of trademarks can also be transferred by a license agreement, which is inscribed with the Register of Trademark Licenses -controlled by the DNPI. Unless it is expressly agreed otherwise, it is presumed that the transfer or sale of a business establishment includes its trademarks.
Patents
Industrial patents are all the statutes that protect the rights arising from inventions, utility modeling and creation of industrial designs.
Patents obtained in Uruguay grant their holders the exclusive right for a period of twenty years, which is not renewable, so after this period, the invention becomes public domain. New inventions of products or processes involving an inventive step and which are capable of industrial appraisal are patents. If the holder does not use the patent within three years from the date of registration, he may be required to assign the rights, either exclusively or in favor of a third party. The three-year term can be extended to five if the non-use of the patent is due to circumstances beyond the will of the owner.
Utility models (all obtained new provision of tools, implements, utensils, appliances, equipment or other known objects which provide a better use or result in their intended function) and models or industrial designs (visibly incorporated into a product that gives it a different utility or look) once patented, grant their holders the exclusive right of use for a period of ten years renewable only once for five years.
For the purpose of enforcing rights of exclusive use against third parties mentioned before, inventions, utility and industrial models or designs must be registered with the DNPI.
The Paris Convention for the Protection of Industrial Property ratified by Uruguay gives people from the signatories to the Convention a priority right to an invention, utility model or an
industrial design registered in one of these countries in respect of applications presented by other people for the use of the invention, utility model or industrial design in Uruguay.
For the purpose of enforcing the previous right, its registration before the DNPI must be within the appropriate time depending on the case (12 months for patents and utility models and six months for industrial designs and factory or trade marks). It is computed from the registration in the country of origin.
Outside of these special provisions, the owners or beneficiaries of foreign patents can obtain their renewal in Uruguay on application to the DNPI within the three years guaranteed in the country of origin. Revalidated patents are protected for a period of fifteen years, minus the time limit of protection which they have already been given in the country. The invalidity of the foreign patent implies the invalidity of the patent renewal, but not so with the terms of expiration of each patent, which are independent.