Real Property
The 1992 constitution guarantees the right of private property ownership. While it is common to use real property as security for loans, the lack of consistent property surveys and registries often makes it impossible to foreclose. The latest figures published by the National Rural and Land Development Institute (INDERT, in Spanish) indicate there is 47.5 percent more titled land in Paraguay than physically exists, while other private organizations suggest 70 percent of privately owned land has some sort of problem related to the property’s title and its registration process. Correct property title registration is a major problem, particularly in the interior of the country. In some cases, acquiring title documents for land can take two years or more.
In 2008, the Truth and Justice Commission (CVJ), an organization created by Law 225/03 to investigate human rights violations committed during the dictatorship of Alfredo Stroessner, presented a report stating that in the Eastern Region of Paraguay almost 8 million hectares of ill-gotten lands were illegally awarded during 1954-2003. Accounting for the Chaco Region, it is estimated that this figure would total 20 million hectares.
Paraguay has a “squatter’s rights” law by which ownership of property can be obtained by possession after a lapse of 20 years.
Congress has proposed bills in the past to improve regulation of properties and establish a new National Directorate of Public Registries with the intention of facilitating the adequate registration of land ownership and create a special Congressional Commission to correct underlying problems with property titles; however, Congress has not passed a significant land reform bill. After the previous head of INDERT was removed from the position due to accusations of bribery in October 2020, the new leadership has made noticeable efforts to regularize property title registration in various regions of the interior of the country and has considerably increased the number of regularized property titles and revenues collected by the institution.
Intellectual Property Rights
Paraguay has been on the U.S. Trade Representative’s (USTR) Special 301 Report Watch List since 2019, due in part to Paraguay’s unfulfilled commitments under a 2015-2020 Memorandum of Understanding (MOU) on intellectual property rights between the United States and Paraguay. The USTR and Paraguayan government updated these commitments in September 2022 in an Intellectual Property Workplan managed under the U.S.-Paraguay Trade and Investment Framework Agreement (TIFA) mechanism.
Ciudad del Este has been named in the USTR Review of Notorious Markets for Counterfeiting and Piracy for over 20 years. The border crossing at Ciudad del Este and the city itself serve as a hub for the distribution of counterfeit and pirated products in the Brazil-Argentina-Paraguay tri-border region and beyond. Informality and border porosity in the area remains a challenge.
Concerns remain about inadequate protection against unfair commercial use of proprietary test or other data generated to obtain marketing approval for agrochemical or pharmaceutical products and the shortcomings in Paraguay’s patent regime. Law 3283 from 2007 and Law 3519 from 2008 (1) require pharmaceutical products and agrochemical products to be registered first in Paraguay to be eligible for data protection; (2) allow regulatory agencies to use test data in support of similar agricultural chemical product applications filed by third parties; and (3) limit data protection to five years. Additionally, Law 2593/05 that modifies Paraguay’s patent law has no regulatory enforcement. Because of this, foreign pharmaceutical companies have seen their patented products openly replicated and marketed under other names by Paraguayan pharmaceutical companies.
Although law enforcement authorities track seizures of counterfeit goods independently, there is no consolidated report available online, and the statistics vary between government offices. The National Directorate of Intellectual Property (DINAPI, in Spanish) reported 384 seizures of counterfeit goods in 2022 with an estimated retail price of $11.7 million. This represented a $8.3 million increase from 2021. In terms of law enforcement related to IPR, Judicial Branch contacts reported that Asuncion had 186 referrals, 29 investigations, four indictments, secured two convictions for IP crimes in the greater Asuncion area (down from eight in 2021), and reported the destruction of counterfeit goods with an estimated value of $18.5 million in 2022; Ciudad del Este had 12 referrals, eight investigations, no indictments, and no conviction. In some instances, authorities worked together to investigate cases and pursue legal actions, but overall weak information-sharing and interagency coordination continued to hamper IPR enforcement efforts.
Paraguay has ratified all of the Uruguay Round accords, including the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and has ratified two World Intellectual Property Organization (WIPO) copyright treaties. The Paraguayan Congress ratified the TRIPS Agreement in July 2018. Paraguay signed and ratified September 17, 2020, the Treaty of Nice, which establishes a classification of goods and services for the purposes of registering trademarks and service marks, and the Locarno Agreement, which establishes a classification for industrial designs. WIPO officially received on May 31, 2021, Paraguay’s instrument of accession to the Nice Agreement and Locarno Agreement. In 2022, Paraguay continued its efforts to adhere to international IP agreements. Paraguay signed and ratified on October 24, 2022, the Nairobi Treaty that protects the Olympic symbol against use for commercial purposes without the authorization of the International Olympic Committee; on November 7, 2022, the Vienna Agreement, which establishes a classification for marks consisting of or containing figurative elements; and on December 21, 2022, the Budapest Treaty concerning the international patent process for microorganisms.
In December 2019, DINAPI officially announced the establishment of an Interagency Coordination Center (ICC), responsible for providing a unified government response to intellectual property rights violations. The ICC continued to convene at least four times a year. However, the ICC still needs to be further developed to be used more actively for interagency collaboration.
During 2022, Congress introduced two bills that raised concerns from IP-related stakeholders. In August 2022, a group of Paraguayan Lower House representatives presented a draft bill proposing a new remuneration right for musical and audiovisual performers to be paid by all digital platforms. The bill would establish a 10 percent statutory rate to be collected by banks and other financial institutions out of the subscribers’ payments to premium accounts, including U.S. digital music platforms, with the proceeds remitted to national Collective Management Organizations (CMOs). DINAPI and some Lower House representatives oppose this bill as it would set a precedent that would negatively impact the market for audiovisual works and recorded music in Paraguay. For now, the discussion of this bill in a plenary session of Congress continued to be suspended. In September 2022, a group of Paraguayan Lower House representatives presented for a second time a draft bill to establish a temporary suspension of royalty payments for patented, genetically modified soy seeds until the end of 2023, arguing this seed variant promotes the usage of more pesticides and therefore results in more costly environmental consequences compared to alternatives. The proposed legislation would violate IPR guarantees in Paraguay’s Constitution, the 1630/2000 Patent Law on Inventions, international treaties such as TRIPS, UPOV, and trade agreements negotiated and concluded (MERCOSUR-EU and MERCOSUR-EFTA). Representatives from DINAPI, the Ministry of Foreign Affairs, the National Service for Plant and Seed Quality and Health Agency, and private sector unions opposed a prior similar bill as it would violate international agreements and affect legal security and the intellectual property rights acquired on biotechnology invention patents, potentially jeopardizing future investments in the country. The lower house has not taken further action on the bill as of the date of this report.
For additional information about national laws and points of contact at local intellectual property (IP) offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/ .
Regional IP Attaché
U.S. Consulate General – Rio de Janeiro
+ 55 (21) 3823-2499
Deputy Political and Economic Counselor
U.S. Embassy Asuncion
+ 595 (21) 213-715
National Intellectual Property Directorate: https://www.dinapi.gov.py/
Paraguayan-American Chamber of Commerce: http://www.amcham.com.py/
Local Lawyers: https://py.usembassy.gov/wp-content/uploads/sites/274/attorneys.pdf