Intellectual Property

Copyright and related rights

Literary, artistic, musical and audiovisual works, as well as computer programs, databases and other protectable creations, may be protected by copyright. AYALA IP advises authors, producers and companies on the registration, contracting, management and enforcement of these rights in Paraguay.

What we do

We help document ownership, organise the exploitation of works by contract and act when a third party uses them without authorisation.

  • Registration of works and contracts before the National Directorate of Copyright and Related Rights, part of DINAPI.
  • Advice on ownership of works created by employees or on commission, and on software and digital content.
  • Drafting and negotiation of assignment, licence, publishing, production and distribution agreements.
  • Protection of the related rights of performers, producers and broadcasting organisations.
  • Cease-and-desist letters, notices to platforms and court actions for infringement, in coordination with our litigation practice.
  • Combined strategies with trademarks and designs for characters, packaging, visual identity and creative products.

Key facts

From creationProtection arises with the work; registration is declaratory and eases proof
Author's life + 70 yearsGeneral rule for the author's economic rights, subject to specific rules depending on the type of work.
Law 1328/98Paraguay's Copyright and Related Rights Law

Why register and contract properly

In Paraguay, copyright arises with the creation of the work, with no need for registration. Registration is nevertheless an important means of proof, since the entry is admitted as prima facie evidence of the facts and acts it records, unless proven otherwise.

Likewise, written contracts — assignment, licence or commission — make it possible to define clearly who may exploit the work, on what terms, in which territories and for how long.

For international clients and foreign associates

Paraguay is a party to the Berne Convention, which establishes the principle of copyright protection without formalities for the works within its scope.

We assist foreign rights holders and associates with the voluntary registration of works, contracting and the enforcement of copyright and related rights in Paraguay.

Frequently asked questions

Is registration required for a work to be protected?

No. Copyright protection arises with the creation of the work and does not depend on registration. Registration may nevertheless be an important means of proof of the facts and acts recorded in the entry.

Who owns software developed by an employee or a contractor?

It depends on the legal regime and on what has been agreed. It is best to settle this by contract before development, with clear ownership and assignment clauses, to avoid disputes once the product has value.

What can I do if my content is copied online?

Depending on the case, different measures may be taken, from cease-and-desist demands and takedown requests to platforms through to administrative or court actions. Before acting, it is advisable to verify ownership, gather evidence of the infringement and define the most suitable strategy.

Contact

Let's talk about what you need.

Tell us what you need to protect. We reply in English, Spanish or Portuguese, usually within one business day.