WORLD TRADE
ORGANIZATIONIP/N/1/VEN/1
2 February 2001
(01-0533)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 63.2
OF THE AGREEMENT
VENEZUELA
By means of communications dated 9 March 2000 and 15 January 2001, the following
notification of intellectual property laws and regulations, under Article 63.2 of the Agreement on
Trade-Related Aspects of Intellectual Property Righ ts (TRIPS), has been received from the Permanent
Mission of Venezuela:
- Annex I lists the "Main dedicated intellectual property laws and regulations".- Annex II lists "Other laws and regulations".IP/N/1/VEN/1
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
Title
Dates of adoption and entry into forceBrief description
Intellectual property in general
Marrakesh Agreement Establishing the World
Trade Organization1
Special Official Gazette No. 4,829 of
29 December 1994
Constitution of the Bolivarian Republic of
Venezuela1,
Promulgated on 15 December 1999, which came
into force following publication in the Official
Gazette of the Republic of Venezuela, No. 36,860
of 30 December 1999Articles 98, 124 and 127 of the Constitution of
the Bolivarian Republic of Venezuela contain a
set of intellectual property rules
Industrial property2
Decision No. 486 of the Commission of the
Cartagena Agreement3,
Establishing the Common Industrial PropertyRegime.
Signed at Lima, Peru, on 14 September 2000.
Published in the Official Gazette of the CartagenaAgreement, No. 600, page 2, of 19 September
2000.
Entry into force:  1 December 2000.Decision No. 486 on the Common Industrial
Property Regime of the Andean Community
replaces Decision No. 344.  Decision No. 486endorses the provisions of the TRIPS Agreement
in the areas of general principles;  patents for
invention;  utility models;  industrial designs;
lay-out designs of integrated circuits;  marks;
geographical indications;  unfair competition;industrial secrets;  enforcement measures;  border
measures and actions for infringement of rights.
                                                     
1 See document IP/N/1/VEN/C/1 – IP/N/1/VEN/I/1.
2 This concept covers all matters relating to trademarks, geographical indications, industrial designs,
patents, plant varieties, lay-out designs of integrated circuits, undisclosed information and industrial property ingeneral.
3 See document IP/N/VEN/I/4.IP/N/1/VEN/1
Page 3
Title
Dates of adoption and entry into forceBrief description
Decision No. 344 of the Commission of the
Cartagena Agreement4,
Establishing the Common Industrial Property
Regime
Special Official Gazette No. 4,676 of 18 January
1994.
Decision No. 345 of the Commission of the
Cartagena Agreement5,
Establishing the Common Regime for the
Protection of Plant Breeders' Rights
Special Official Gazette No. 4,676 of 18 January
1994.
Industrial Property Law6
Special Official Gazette No. 24,873 of
14 October 1955.
Decree No. 31367
Official Gazette No. 36,618 of 22 January 1999.This Decree regulates Decision No. 345 of the
Andean Community on the Common Regime forthe Protection of Plant Breeders' Rights.
The Decree elaborates the principles contained in
Decision No. 345 of the Andean Community, for
the purpose of recognizing and guaranteeing theadequate and effective protection of plant
breeders' rights.
Copyright and related rights
Decision No. 351 of the Commission of the
Cartagena Agreement8,
Establishing the Common Regime for Copyright
and Related Rights.
Official Gazette No. 4,720, Special Issue of
5 May 1994.
                                                     
4 See document IP/N/1/VEN/I/2.
5 See document IP/N/1/VEN/P/1.
6 See document IP/N/1/VEN/I/3.
7 See document IP/N/1/VEN/P/2.
8 See document IP/N/1/VEN/C/2.IP/N/1/VEN/1
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Title
Dates of adoption and entry into forceBrief description
Law on Copyright9
Official Gazette No. 4,638, Special Issue of
1 October 1993.
Regulations under the Law on Copyright and
Decision No. 35110
Official Gazette No. 4,891, Special Issue of
26 April 1995.
                                                     
9 See document IP/N/1/VEN/C/3.
10 See document IP/N/1/VEN/C/4.IP/N/1/VEN/1
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ANNEX II
OTHER LAWS AND REGULATIONS
Title
Dates of adoption and entry into forceBrief description
Intellectual property in general
Decree No. 368, with the status and force of law,
on Simplification of Administrative Formalities
Official Gazette No. 36,845
of 7 December 1999.
Entry into force:  7 December 1999.Simplifies administrative formalities for
individuals in their dealings with the public
administration, in order to promote efficient and
expeditious administrative procedures.
Partial Reform of the Institutional Law on the
Central Administration, Decree No. 369
Official Gazette No. 36,850
of 14 December 1999.Entry into force:  14 December 1999.Contains institutional rules relating to the
Government entities which administer intellectual
property rules in Venezuela.
Decree No. 1580 – Regulation of Autonomous
Services with no Legal Personality
Official Gazette No. 29,123
of 27 November 1996.
Entry into force:  13 November 1996.Regulates the activity of autonomous services.  It
should be pointed out that the Government
agency which administers intellectual property inVenezuela has the legal status of an autonomous
service.
Decree No. 1768 – Establishing the Autonomous
Intellectual Property Service without legal
personality, attached to the Ministry of Industry
and Trade
Official Gazette No. 36,192
of 24 April 1997.Entry into force:  May 1998.This body of rules regulates the organization and
functioning of the Autonomous Intellectual
Property Service.
Decree No. 150, with the status and force of law,
on Partial Reform of the Institutional Customs
Law
Official Gazette No. 5,353, Special Issueof 17 June 1999.This law regulates customs-related rights and
obligations and the legal relations arising
therefrom.  In particular, it contains rules relatingto intellectual property enforcement measures.
Decree No. 356, with the status and force of law,
on Investment Promotion and Protection
Special Official Gazette No. 5,390
of 22 October 1999.
Entry into force:  21 December 1999.The purpose of this law is to regulate domestic
and foreign investments and investors and to
provide a stable legal framework in which
investments or investors can operate with legal
certainty.IP/N/1/VEN/1
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Title
Dates of adoption and entry into forceBrief description
Institutional Code of Criminal Procedure
Official Gazette No. 5,208, Special Issue
of 23 January 1998.
Entry into force:  1 July 1999.Contains rules on due process enshrined in the
national Constitution and in the laws, treaties and
agreements ratified by the Republic of
Venezuela.
Article 546 of the Civil Code
Official Gazette No. 2,990, Special Issueof 26 July 1992.This Article defines the nature of intellectual
property rights.
Articles 45 to 50 of the Law on Chattel
Mortgages and Non-Dispossessory Pledges
Official Gazette No. 1,575, Special Issueof 4 April 1973.These Articles lay down the rules applicable to
mortgageable rights in the field of both copyrightand industrial property.
Institutional Law on Administrative Procedures
Official Gazette No. 2,818, Special Issue
of 1 July 1981.This law regulates all aspects of administrative
formalities, the rights of individuals in relation to
Government departments, the way in which such
rights are exercised, and administrative
procedures and appeals.
Law to Promote and Protect Freedom of
Competition
Official Gazette No. 34,880of 13 January 1992.The purpose of this law is to promote and protect
the exercise of free competition and efficiency for
the benefit of consumers and producers.  It also
prohibits monopolistic and oligopolistic conduct
and practices, as well as other practices whichmight impede, restrict, pervert or limit the
enjoyment of economic freedom.
Resolution No. 4328 on the Establishment of
Mortgages on Industrial Property and Copyright
Official Gazette No. 30,432 of 25 June 1974In this Resolution, the then Ministry of
Development laid down the procedure forprocessing applications by natural or legal
persons wishing to take out mortgages on
commercial establishments and industrial
machinery, or on copyright and industrial
property, in accordance with Article 19.6 of theLaw on Chattel Mortgages and Non-
Dispossessory Pledges.IP/N/1/VEN/1
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Title
Dates of adoption and entry into forceBrief description
Decision No. 391 of the Commission of the
Cartagena Agreement – Common Regime on
Access to Genetic Resources
Signed in Caracas, Venezuela, on 2 July 1996.
Official Gazette of the Cartagena Agreement,
No. 213 of 17 July 1996.Decision No. 391 regulates member countries'
access to genetic resources and products thereof,
for a variety of purposes, and pursuant to the
principles and provisions contained in the
Convention on Biological Diversity.  Its general
provisions are directed to promoting the use andsustainable development of genetic resources,
strengthening integration and scientific, technical
and cultural cooperation among the member
countries and contributing to their harmonious
and full development.
Law on Biological Diversity
Official Gazette No. 5,468, Special Issue of24 May 2000.Lays down guiding principles for the
conservation of biological diversity pursuant to
the principles and provisions of the Conventionon Biological Diversity.  Its general provisions
include a classification of biological diversity as
comprising legally protected environmental
assets of fundamental importance to life, and
their conservation and sustainable use as being ofpublic interest.  It provides for the exercise of
sovereign rights over those resources by the
State.  It also includes provisions on the
recognition and protection of the traditional
knowledge of indigenous and local communities.
Industrial Property
Decision No. 291 of the Commission of the
Cartagena Agreement – Common Regime for the
Treatment of Foreign Capital and on Marks,
Patents, Licences and Royalties
Official Gazette No. 4,284, Special Issue of
28 June 1991.This Decision lays down the meaning to be
assigned to foreign and domestic investment and
regulates investment mechanisms, the rights and
obligations of investors and the importation of
technology.
Decree No. 2095 Containing Regulations under
the Common Regime for the Treatment of
Foreign Capital and on Marks, Patents, Licences
and Royalties
of 13 February 1992.These regulations elaborate the spirit, object and
purpose of the rules contained in Andean
Decision No. 291.
Law and Regulations on Commercial Advertising
Official Gazette No. 21,563 of 6 September 1944;and Official Gazette No. 21,552 of 3 November1944.This set of rules deals with commercial
advertising in order to establish competition for
other producers or distributors of goods or effects
of the same or similar nature.
Articles 37 and 55 of the General Food
Regulations
Official Gazette No. 25,864 of 16 January 1959.Article 37 lays down labelling requirements for
food packaging.
Article 55 lays down the appeal procedures to be
followed by persons who incur a fine for
breaking the law.IP/N/1/VEN/1
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Title
Dates of adoption and entry into forceBrief description
Articles 26 and 30 of the Commercial Code
Official Gazette No. 475 of 21 December 1955.
Revenue Stamp Law
Special Official Gazette No. 5,391 of
22 October 1999Entry into force:  22 December 1999Deals with the fees payable in connection with
the granting of industrial property rights.
Copyright and related rights
Statutory Deposit Law
Official Gazette No. 4,623, Special Issue of
3 September 1993.
Entry into force:  3 September 1993Contains specific rules on preserving the memory
of the national cultural heritage.
Regulation to the Statutory Deposit Law
Official Gazette No. 5,163 of 13 August 1997Entry into force:  13 August 1997Elaborates the spirit, object and purpose of the
Statutory Deposit Law.
Law on Books
Official Gazette No. 36,189 of 21 April 1997
Entry into force:  21 April 1997The law contains comprehensive regulations on
the protection, promotion and distribution ofbooks throughout the national territory, as well as
the development and promotion of the
Venezuelan publishing industry.
Regulation to the Law on Books
Official Gazette No. 5,285, Special Issue of18 December 1998
Entry into force:  18 December 1998Elaborates the spirit, object and purpose of the
Law on Books.
National Cinematography Law
Official Gazette No. 4,626, Special Issue of
8 September 1993
Entry into force:  8 September 1993The purpose of this law is to regulate the
development, promotion, dissemination and
protection of national cinematography andcinematographical works.
Regulation to the National Cinematography Law
Official Gazette No. 4,689, Special Issue of
2 February 1994Elaborates the spirit, object and purpose of the
National Cinematography Law.IP/N/1/VEN/1
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Title
Dates of adoption and entry into forceBrief description
Institutional Agreement Against Piracy
of 4 June 1996The purpose of this agreement between the
National Executive and a group of private
institutions is to prosecute the counterfeiting of
works, products and productions protected by the
Law on Copyright;  the Anti-Piracy Unit
(Comanpi) of the Judicial Police TechnicalDepartment was set up under the agreement.
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