Article 37 of Law 61 of 2012, which amended Article 90 of Law 35 of 1996, represented a significant advancement in trademark legislation in Panama. This modification considerably expanded the range of what can be registered as a trademark, allowing various non-conventional elements to be protected under this legal framework.
The previous law already recognized words, images, and figures as trademarks, which was a traditional approach. However, the inclusion of elements such as three-dimensional shapes, sounds, colors, smells, and tastes, as well as the possibility of registering geographical indications as trademarks, represents an acknowledgment of the evolution of commerce and marketing in a globalized world.
Innovation and Intellectual Property Protection.
This expansion is crucial in an environment where the differentiation of products and services increasingly relies on non-traditional distinctive elements. For example, recognizing sounds as trademarks is vital for global brands that associate a jingle, the sound of an engine, or the closing of a door with a specific element of their identity. Likewise, colors and three-dimensional shapes have become distinctive seals of brands seeking to stand out in saturated markets.
Moreover, the possibility of registering smells and tastes as trademarks is particularly innovative, although it may present challenges in terms of effective implementation and protection. These elements are intrinsically subjective and can be difficult to clearly delineate. Nonetheless, their inclusion in the law represents recognition that intellectual property is not limited to what can be seen or heard but also encompasses other senses.
Impact on the Panamanian Market.
This legislative update places Panama in a competitive international position by aligning with best practices in trademark protection. Local and international entrepreneurs can be confident that their trademarks, regardless of their nature, are protected by a robust legal framework that shields them from imitation and unauthorized use.
However, this advancement also carries significant responsibility for authorities and intellectual property lawyers. Proper implementation of this law will require a rigorous and specialized approach to ensure that trademark registrations are not abused and that a balance is maintained between protecting trademark owners' rights and the public interest.
Conclusion:
Article 37 of Law 61 of 2012 marked a milestone in Panamanian trademark legislation. By expanding the possibilities of what can be registered as a trademark, it not only acknowledges the evolution of the market but also sends a clear message that Panama is ready to protect innovation and creativity in all its forms. However, the effective application of this law will be crucial to ensuring that this expansion results in real benefits for the Panamanian market and economy.