URUGUAY – PUBLIC CONSULTATION
Regulation of new Software Registry within uruguayan PTO | DEADLINE: February 29, 2024
The National Directorate of Industrial Property of Uruguay (“DNPI”) has just published the call for Public Consultation on the Draft Decree Regulating the New Software Registry within the orbit of the DNPI, in application of art. 271 of Law No. 20,212 of November 6, 2023.
Framework of thet public consultation
Law No. 20,212 amended Copyright Law No. 9. 739 in order to create a Software Registry within the orbit of the DNPI, transferring to it the competences regarding the registration of copyrightable works consisting of: (i) software, (ii) databases and (iii) expression of ideas, information and algorithms, formulated in original sequences arranged in an appropriate form to be used by an information processing or automatic control device, and transmission of economic rights in respect of such works, which were previously carried out by the Copyright Office (National Library).
The regulation establishes that registration of works continues to be optional and that its omission does not prejudice in any way the enjoyment and exercise of the rights recognized in the Copyright Law.
Furthermore, Law No. 20,212 grants a term of 6 months to the Executive Power to regulate the organization and operation of the Software Registry, the commencement of activities and the transfer of existing registrations, as well as to send to the Parliament a bill of law establishing the official fees appliable to the services which the Software registry will provide with regards to registration of works and transfer of economic rights.
Public Consultation about the Software Registry
The Draft Regulatory Decree, if approved, will be a norm of the Executive Power that will regulate several aspects of the operation of the Software Registry.
The Draft Regulatory Decree, regulates, among others, the following issues:
i. Requirements for the registration of works
ii. Effects of registration
iii. Means of filing the application.
iv. Obligations of confidentiality of the information submitted.
v. Stages of the registration procedure.
vi. Oppositions to registration applications and their procedure.
vii. Cancellations of registrations.
viii. Claiming of registration which have been missappropiated.
ix. Requirements for the registration of contracts for the transfer of rights.
The Public Consultation is for 30 days and is open until Thursday, February 29th, 2024.
The purpose of the Public Consultation is to receive comments, opinions, analyses, proposals, objections and observations on the draft Software Registration Regulation.
It is open to public and private institutions and other members of the civil society.
Should you require any assistance or wish to make a presentation, our Intellectual Property & Copyright team at FISCHER Abogados will be glad to assist you.