CHECKLIST OF issues on ENFORCEMENT^[1]

REplies by El Salvador

Civil and administrative procedures and remedies

        (a)   Civil judicial procedures and remedies

1.    Specify the courts which have jurisdiction over IPR infringement cases.

IPR infringement cases fall within the jurisdiction of the commercial courts, pursuant to Article 184 of the Ley de Propiedad Intelectual, LPI (Intellectual Property Law) and Article 113 of the Ley de Marcas y Otros Signos Distintivos, LMOSD (Law on Trademarks and Other Distinctive Signs), assuming no special courts are created with jurisdiction over intellectual property matters.

Cases are brought before the following judicial bodies:

-      Civil and trade courts of first instance, which hear at first instance any court cases brought within the territory corresponding to their jurisdiction, and at second instance, in cases and concepts determined by the law (see Articles 30, 239 and 240 of the Code of Civil and Commercial Procedure and 59 and 60 of the Organic Judicial Law).

-      Chambers of second instance, which have jurisdiction as follows:

-      On appeal, cases corresponding to the territory assigned to them, heard at first instance by the respective courts;

-      In complaints that are against the State, where the State is a contracting party; and

-      Other cases as determined by the law.

The above is based on Article 29 of the Code of Civil and Commercial Procedure.

-      Civil Division of the Supreme Court of Justice (see Article 28 of the Code of Civil and Commercial Procedure), which handles:

-      Judicial review;

-      The appeal when the chambers of second instance have heard the case in first instance; and

-      Review of final judgments.