Honduras has enacted a new Industrial Property Law which came into effect on February 28, 2000. One stated purpose of the law is to comply with Honduras' obligations under TRIPS. We set out some of the major provisions below.

Patents

1) Patents are to be granted for inventions that are new, susceptible of industrial application and have inventive level.

2) The definition of what is patentable excludes inter alia biological material that exists in nature, computing programs "isolatedly considered", methods of surgical, medical or diagnostic treatment applicable to humans or animals, vegetable varieties and species, animal breeds and species biological processes (including genetic processes) for production of plants or animals and juxtapositions of known inventions and mixtures of products unless there is fusion such that the parts do not function separately or a nonobvious industrial result is obtained.

3) Novelty is to be determined on an absolute basis world-wide (including oral disclosure). There is, however, a one-year grace period for publications resulting directly or indirectly from the inventor.

4) The term of a patent is to be twenty years from its filing date, subject to the payment of annual maintenance fees.

5) Compulsory licensing is provided for on terms that are consistent with the Paris Convention.

Utility Models are governed by similar rules to patents but subject to the following differences:

Designs are to be protectable for an initial five-year period that will be subject to possible extension for two additional five-year periods.

1) New maintenance fees in the form of "annuity taxes" have been introduced, to be paid annually beginning this year on the anniversary date of registration of the mark.

2) The initial period of unjustified non-use that will render a registration vulnerable to cancellation has been extended from one year to three years following the date of registration. Trademark owners may avoid cancellation for non-use by paying so-called rehabilitation taxes.

3) Slogans may be registered in connection with a trademark or tradename with which the slogan is used.

4) Protection for notorious marks is provided, as well as guidelines for determining notoriety. Although the notoriety of a distinctive sign may be determined by a variety of relevant circumstances, the sign must be notorious within Honduras.

5) Official fees have been increased substantially.

6) The definition of infringement expressly includes use of a sign as a domain name or electronic mail address.