On February 17, 2025, El Salvador reached a milestone in its legal and institutional development with the entry into force of its new Intellectual Property Law, enacted through Legislative Decree No. 66 of August 2024. Across 340 articles, the law brings copyright, patents and distinctive signs into a unified framework and modernizes a previously fragmented system.
A modern and accessible system
A central pillar of the reform is the creation of the Salvadoran Intellectual Property Institute (ISPI), operating under the National Registry Centre. The law advances digital procedures, eliminates certain in-person formalities and reduces costs for users.
Among its notable developments is the Electronic Intellectual Property Bulletin, which replaces publications previously required in the Official Gazette and commercial newspapers, streamlining registration proceedings.
The law also broadens access through fee reductions of up to 50% for small and medium-sized enterprises and exemptions for educational institutions and state entities.
Broader protection for the digital era
The legislation responds to digital challenges and contemplates non-traditional marks, including sounds, scents, flavors, textures, reliefs and moving images. It also introduces measures against the cybersquatting of domain names that may cause confusion with recognized marks.
Other relevant provisions include:
- Extending industrial design protection to 15 years.
- Regulating integrated circuit topographies.
- Introducing a Bolar exception for certain uses of patented inventions in research and generic medicine registration before patent expiry, without authorizing early commercialization.
- Allowing cancellation for genericide when a mark becomes generic under the conditions established by law.
- Providing a renewable ten-year term for trade names, emblems and advertising signs.
Benefits and implementation challenges
The law seeks to strengthen the creative economy by improving access to legal protection for entrepreneurs, SMEs and the academic sector. Digital processes and lower costs create opportunities, while the regulation of digital issues addresses the needs of modern commerce.
Implementation also presents challenges. ISPI’s success will depend on its technical, human and financial capacity, together with educational initiatives that make the system more accessible to microbusinesses, independent creators and rural communities.
An innovative future
Through this law, El Salvador positions the protection of creativity as a driver of development. By strengthening its legal framework and adapting to the digital environment, the country aims to help entrepreneurs, artists and innovators turn ideas into protected assets and contribute to a more competitive and sustainable economy.
This article provides general information and does not constitute legal advice for a specific matter.