Venezuela is a member of the World Intellectual Property Organization (WIPO), and a signatory to the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literally and Artistic Works, the Geneva Phonograms Convention and the Universal Copyrights Convention. The national law is the Industrial Property Act, promulgated in 1955. Venezuela denounced the Cartagena Agreement on April 22nd 2006; therefore in Venezuela the decisions of the Andean Community are not valid.

The Industrial Property Act of 1955 allows the granting of patents for inventions of products or procedures, and patents for introduction products or procedures. A patent, which has been registered outside of the Venezuelan territory, and has not been known in Venezuela can be registered in Venezuela. The term of validity for an invention patent is 10 years, and for the introductory patent is 5 years. The term of validity for utility model and industrial design patents is 10 years.

A registered trademark should be used consecutively. If a registered trademark has not been used for two years consecutively, and meanwhile a third party applies for using it, the owner of the registered trademark will automatically be deprived of the right to use. The term of validity for trademarks is 15 years and can be renewed.

Provided by M. Uzcategui & Asociados in Venezuela.

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