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or compliance with any other type of formality. The author of a work, by the sole fact of havingcreated it, enjoys the legal entitlement derived from the right that may be held against everyone, andincludes the patrimonial and moral rights set forth by the Act.According to Act 1328/1998, the National Copyrights Department, dependant on the Ministry ofIndustry and Commerce, shall manage the national registry of protected works stated herein.Registry’s effect is merely declaratory and not constitutive and, consequently, its omission does notprejudice the enjoyment or exercise of the rights acknowledged by this Act.Criminal offenses and misdemeanors included in the Act are, by virtue of Act 1444/1999, publiccriminal action offenses, and may consequently be promoted or initiated ex officio without prejudiceto the victim’s prosecution of the action, as opposed to the original provision stating that all offensesshould be addressed by means of private action.Finally, in accordance with the TRIPS (adopted by Act 444/1994), this Act foresees that the Judge, uponrequest of the National Copyrights Department or any person legally entitled, his representative ormanaging entity, may order the immediate execution of preliminary measures required to prevent thecommission of a breach, its continuance or repetition of one already committed. Therefore, thetitleholder of a right protected by this Act, aware of and with well- founded motives related to thepreparation of import or export of products that infringe said right, may request the CustomsAuthorities the suspension of the import or export operation in accordance with the applicableprovisions regarding guarantees of preliminary measures.C. PATENT ACTPatent Act 1630/2000 is currently in compliance with international conventions on the subject.Patents are valid for a term of twenty (20) years counted from the filing date of the application inParaguay.In relation to Industrial models and designs only protect the ornamental features, not the technicalfeatures. Novelty is mandatory. If it is already protected abroad, the term to apply in Paraguay is sixmonths from the date of registration in the country of origin. Up to ten variations of the same modelor design can be claimed under one single application. Industrial models and designs are protected forfive years from the date of application. Registrations are renewable for two consecutive five yearsterms.Patent RequirementsPower of Attorney granted by applicant, witnessed or sworn before a Notary Public. Consularlegalization is not required provided that Power of Attorney is granted only for the purpose ofapplying for a patent of invention. A provisional faxed authorization or power is acceptable;the original documents may be submitted within sixty working days from the filing date.20Berkemeyer Attorneys and Counselors | Asunción - Paraguay