propiedad intelectual en venezuela

7/30/2019 Propiedad intelectual en Venezuela

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It is imagination made real. It is the ownership of dream, an idea, an improvement, an emotion thatwe can touch, see, hear, and feel. It is an asset just like your home, your car, or your bank account.

Just like other kinds of property, intellectual property needs to be protected from unauthorized use.There are four ways to protect different types of intellectual property:

PATENTS provide rights for up to 20 years for inventions in three broadcategories:

Utility patents protect useful processes, machines, articles ofmanufacture, and compositions of matter. Some examples: fiber optics,computer hardware, medications.

Design patents guard the unauthorized use of new, original, and

ornamental designs for articles of manufacture. The look of an athleticshoe, a bicycle helmet, the Star Warscharacters are all protected bydesign patents.

Plant patents are the way we protect invented or discovered, asexuallyreproduced plant varieties. Hybrid tea roses, Silver Queen corn, Better Boytomatoes are all types of plant patents.

TRADEMARKS protect words, names, symbols, sounds, or colors thatdistinguish goods and services. Trademarks, unlike patents, can berenewed forever as long as they are being used in business. The roar ofthe MGMlion, the pink of the Owens-Corninginsulation, and the shape of aCoca-Colabottle are familiar trademarks.

COPYRIGHTS protect works of authorship, such as writings, music, andworks of art that have been tangibly expressed. The Library of Congressregisters copyrights which last the life of the author plus 50 years. GoneWith The Wind(the book and the film), Beatles recordings, and videogames are all works that are copyrighted.

TRADE SECRETS are information that companies keep secret to givethem an advantage over their competitors. The formula forCoca-Colaisthe most famous trade secret.

Intellectual property is probably best thought of (at least in general terms) as creations of the mind

that are given the legal rights often associated with real or personal property. The rights that are

given are a function of statutory law (i.e., law created by the legislature). These statutes may be

federal or state laws, or in some instance both federal and state law govern various aspect of a single

type of intellectual property. The term intellectual property itself is now commonly used to refer to

the bundle of rights conferred by each of the following fields of law: (1)patent law; (2)copyright
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law; (3)trade secret law; (4) theright of publicity; and (5)trademark and unfair competition

law. Some people confuse these areas of intellectual property law, and although there may be some

similarities among these kinds of intellectual property protection, they are different and serve

different purposes.

What is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the Patent and

Trademark Office, which is a non-commercial federal entity and one of 14 bureaus in the

Department of Commerce. There are three very different kinds of patent in the United States: (1) a

utility patent, which covers the functional aspects of products and processes; (2) adesign patent,

which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new

variety of living plant.

Each type of patent confers the right to exclude others from making, using, offering for sale, or

selling the invention inthe United States or importing the invention into the United States. It is

important to note, however, that patents do not protect ideas, but rather protect only tangible or

identifiable structures and methods.

Prior to June 8, 1995, a United States patent on an invention had a duration of 17 years from thegrant of the patent. As a result of the Uruguay Round Agreements Act, which was enacted by

Congress to satisfy international treaty obligations, the patent term for utility patents is now 20 years

from the date on which the application for the patent was filed in the United States. Under some

circumstances it is possible to obtain a 5 year extension to the patent grant, but this is rare, unless

your invention relates to a pharmaceutical composition. Design patents, unlike utility patents, have a

14 year term from date of issuance. Historically, design patents were quite weak, but as the result of

an important decision from the United States Court of Appeals for the Federal Circuit in the Fall of

2008, design patents are now much stronger and should be considered an important part of a patent

portfolio when your invention relates to a product.

What is a Copyright?

Copyrightis a form of protection provided to the authors of original works of authorship

including literary, dramatic, musical, artistic, and certain other intellectual works, both published and

unpublished. Copyright law generally gives the owner of a copyright the exclusive right to reproduce

the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the
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copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work

publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For

example, a description of a machine could be copyrighted, but this would only prevent others from

copying the description; it would not prevent others from writing a description of their own or from

making and using the machine. In order to prevent the making and using of the machine one would

have to seen patent protection. Copyrights are registered by the Copyright Office, which is a part of

the Library of Congress.

What is a Trade Secret?

A trade secretis any valuable business information that is that is not generally known and is subject

to reasonable efforts to preserve confidentiality. A trade secret will be protected from

misappropriation from exploitation (through state law) by those who either obtain access through

improper means or who breach a promise to keep the information confidential.

Trade secret misappropriation is really a type of unfair competition. Remedies for infringement of a

trade secret include damages, profits, reasonable royalties, and an injunction. Some statutes also

provide for enhanced damages and attorneys fees in certain circumstances.

What is a Trademark?

Generally speaking atrademarkis a word, name, symbol or device which is used in trade with

goods to indicate the source of the goods and to distinguish them from the goods of others. A service

mark is the same as a trademark except that it identifies and distinguishes the source of a service

rather than a product. The terms trademark and mark are commonly used to refer to both

trademarks and service marks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to

prevent others from making the same goods or from selling the same goods or services under a

clearly different mark. Trademarks which are used in interstate or foreign commerce may be

registered with the Patent and Trademark Office.

What is Trade Dress Protection?
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Trade dress is the totality of elements in which a product or service is packaged or presented. These

elements combine to create the whole visual image presented to customers and are capable of

acquiring exclusive legal rights as a type of trademark or identifying symbol of origin. Because trade

dress includes all factors making up the total image under which a product or service is presented to

customers, it potentially covers almost all aspects of appearance. Things that have been held

protectable under the category of trade dress include: (1) the shape and appearance of a product; (2)

the shape and appearance of a container; (3) the cover of a book or magazine; (4) the layout and

appearance of a business establishment such as a restaurant; (5) the theme and look of a line of

greeting cards; and (6) the recognizable shape of an automobile.

What is the Right of Publicity?

The right of publicity is the inherent right ofevery human being to control the commercial use of

his or her identity. Please note these carefully chosen words. It is the right of every human being,

not the right of every person. In many contexts we could substitute the phrase every human being

with the word person, but it is important to remember that the right of publicity is an individual

right. When the word person is used in the law we most often define person to include

corporations or other similar entities. This is not the case with the right of publicity. The right of

publicity does not protect the persona of a corporation, partnership, institution or other similar

entities; it protects only the human identity.

Infringement of the right of publicity can be triggered by any unauthorized use in which the plaintiff

is identifiable. A plaintiff is identifiable by name, nickname, stage name, pen name, picture,

photograph, voice (particularly a distinctive voice) or any object closely identified with a person. An

unpermitted commercial use where the plaintiff is identifiable triggers a prima facie case of

infringement of the right of publicity.

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Reference

Intellectual Property

Venezuela

Mara Milagros Nebreda,Patrick Petzalland Matas Prez Irazbal

Hoet Pelez Castillo & Duque

1. 1.What are the novelty or inventiveness requirements for a patent to be granted?

In order to be patentable, the subject matter must be novel; however there are some exceptions

to this requirement such as: invention, improvement or industrial model or design which, being

patented abroad, has not been divulged, patented nor put into execution in Venezuela, that

means they are not in public domain. Inventive step is required for inventions.

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2. 2.What are the criteria for considering whether an invention is obvious in view of prior

art?

An invention shall be regarded as having an inventive step if it is not obvious to a person in the

trade with an average skill. In addition, the invention shall be deemed as being industrially

applicable when its subject matter can be produced or used in a certain type of industry.

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3. 3.What are the different types of patent protection that can be obtained in your country,

for example, utility, design? How do these types of patent protection differ?

The Industrial Property Act of 1955 recognises the following types of patent: patents of invention

(letters patents), revalidations patents and introduction patents.

Revalidation patents are those based on any prior foreign patent (not necessarily the patent

granted in the applicants home country, nor the patent that was the one the first granted), and

applied for by the owner of such foreign patent or his successor in right. Revalidations patents

are granted to holders or foreign patents; provided that they make a request to file their patent

in Venezuela within 12 months of the foreign patents filing date. Act of 1955 also the grant of

Introduction Patents (patents of importation), not to be confounded with revalidation patents, for

a period of five years from issue is provided for, which could be applied for by a person who

was neither the inventor, nor his successor or assignee, but who introduced the invention in

Venezuela, while the patent application was in no way based on the patent of the country of

origin. Such patent of introduction would not confer the right to prevent others from importing

similar goods from abroad, but would confer upon its owner only an exclusive right of

manufacture in Venezuela.

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4. 4.If an invention is conceived in your country, does the first filing have to be made there?
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No.

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5. 5.What are the foreign filing licence requirements if an application conceived in your

country is filed first in another?

There are no foreign licence requirements when an application conceived in Venezuela is filed

first in another country, according to the Paris Convention.

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6. 6.Are business and computer methods patentable? If yes, what are the standards for

determining this? If no, are other technological areas (eg, in the field of genetics) that are

not eligible for patent protection?

According to Article 15 of the Act of 1955, the following are not patentable:

beverages or food, whether for men or for animals; medicines of all kinds;

medicinal or pharmaceutical preparations and chemical preparations, reactions

and combinations;

financial, speculative, commercial, advertising systems, combinations or plans,

or those of simple control or inspection;

the simple use or advantage of natural substances or forces, even though they beof recent discovery;

the new use of goods, objects, substances or elements already known or applied

to definite purposes and the mere variations of shape, dimensions or material of

which they are made;

working patterns or secrets of manufacture;

purely theoretical or speculative inventions whose industrial feasibility or well

defined application could not be possibly indicated or demonstrated.
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inventions contrary to national laws, public health or public order, to morality or

good customs and to the security of the State;

the juxtaposition of already patented elements or of elements which are of public

domain, unless they are put together in such a way that they cannot work

independently, loosing their characteristic action; or

inventions made known in the country for having been published, divulged in

printed papers or in any other form, and those being of public domain by reason

of their execution, sale or advertising within or outside the country, prior to the

patent application.

The patentability of the following inventions is not clear: vegetable varieties, vegetable species,

animal breeds, micro-organisms, biological procedures, human or animal genome, or human or

animal germoplasma, therapeutical methods, cosmetic methods, software or their logical

support; however their patentability can be assumed taking into consideration the single

Paragraph of Article 14 of the Act of 1955, which states: The enumeration contained in this

article is merely expository and not restrictive since, generally, the result of the inventive effort of

human ingenuity could be subject to be Patented, with the exceptions established in this Law.

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7. 7.Summarise the current level and nature of patent litigation in your country? Are the

pending litigations related to a specific industry such as the pharmaceutical industry?

In Venezuela, patent litigation will generally be sought before a trial court that may issue, within

the procedure, a wide range of injunctions to safeguard a legal right.

To be able to file a suit, a patent must have been duly granted by the Venezuelan Patent Office

(PTO). Thus suits are filed before trial courts that have jurisdiction in cases dealing with civil,

mercantile, traffic, trade and transit matters.

In Venezuela the PTO cannot render decisions on patent litigation cases but only in matters

dealing with the granting, denial or nullity of a patent right.

In Venezuela there are few cases of pending patent litigation, particularly related to the

pharmaceutical industry.

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8. 8.What remedies are available for patent holders? For example, are monetary damages

and injunctive relief available? If monetary damages are available, are such damages

based on a reasonable royalty, lost profits or other provisions?

Among others, the following elements are considered when calculating damages:

the consequential damage and lost profits suffered by the rightholder as a result

of the infringement;

the amount of profit obtained by the infringer as a result of the acts of

infringement; or

based on the commercial value of the infringed right and such contractual

licences as may already have been granted, the price the infringer would have

paid for a contractual licence.

A wide array of injunctions is available for a patent owner to guarantee its rights during the

course of a judicial proceeding. The judge, at his or her own discretion and provided that the

plaintiff can support its right and show irreparable harm, can order injunctions ranging from

seizure of goods to the prohibition of the sale of goods. In some cases, the plaintiff will be

required to post a bond to guarantee possible damages that may arise from the injunctions

being sought.

Other measures (injunctions) that may be ordered include the following:

immediate cessation of all acts constituting the alleged infringement;

withdrawal from commercial channels of all products resulting from the alleged

infringement, including packaging, wrappings, labels, printed material or

advertising, or other materials, together with materials and implements of which

the predominant use has been the commission of the infringement;

suspension of the importation or exportation of the goods, materials or

implements referred to under the previous paragraph;

establishment by the alleged infringer of an adequate guarantee; and

temporary closure of the business belonging to the defendant or accused, if

necessary, to avoid continuation or repetition of the alleged infringement.

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9. 9.Is your country considering major changes to its patent system?

Currently Venezuela is not considering major changes in its patent system.

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10. 10.Is your country a signatory to or likely to join the Madrid Protocol and if so, when? Is

it a signatory to the TRIPs agreement?

No, Venezuela is not a member of the Madrid Protocol; however, it is signatory to the TRIPs

agreement since 1 January 1995.

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11. 11.Do your trademark clients make use of the Andean Communitys or Mercosurs

regional trademark systems and if so, how?

No, Venezuela withdrew from the Andean Community on April 2006; however, Andean

decisions were in force until September 2008 when the PTO officially ordered the reinstatement

of the Venezuelan Industrial Property Law issued in 1955.

Regarding Mercosur, Venezuela is currently awaiting its formal admission to such regional

agreement.

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12. 12.What rules govern the use of the registered trademark symbol, , or the unregistered

trademark symbol, , in your country?

Our Industrial Property Law establishes that in order to use the registered trademark symbol the

sign must be registered. If it is used regarding a sign which is not registered, fines may be

imposed by the authorities. (US$100)

As for the sign, please note that although unregistered trademarks are not established in our

Law, it is not prohibited and so its use is permitted.

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13. 13.What are the main problems affecting trademark owners in your country, and what

strategies have successfully addressed these problems?

The main problem affecting trademark owners is counterfeiting of apparel and shoes. Strategies

are discussed in question 15.

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14. 14.Does a trademark licence have to be recorded in your country to be effective?

Trademark licence should be recorded at the PTO, so the use of the trademark by the licensee

to be considered as valid in case a cancellation action for lack of use rises against the

registration.

In addition, in order to record a licence at the Venezuelan PTO the trademarks involved needs

to be registered.

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15. 15.What strategies have been successful in combating counterfeiting in your country?

Different strategies have been successful in combating counterfeiting; among them we may

mention certain out-of-court actions. The first of these are cease and desist letters, which

provide an amicable means of trying to stop the infringement. In this letter, the infringer is

informed of the actions brought against it for infringing intellectual property rights, and it is

notified that the company must stop infringing these intellectual property rights within certain

period of time.

The second action is a judicial notification. This would be carried out by a court. The court would

visit the premises of the infringers and would formally notify them that:

the owner has knowledge of their continued illegal use of the IP rights, and

legal actions are available to restrain the unauthorised use of the IP rights, which

would be taken if the infringer continues to use the IP rights within a given time

frame.

The main goal of this action is to try to solve the issue without taking a contentious action.

There are also judicial remedies available, namely:

formal claim for illegal use of IP rights: a lawsuit can be filed for illegal use of the

IP rights, so as to ask the court the cease of all illegal actions representing

infringement of intellectual property rights as well as indemnification for

damages. Together with this procedure, and in order to stop and prevent

damages, provisional precautionary measures can be requested which, in the

time the process takes, would prevent the other party from performing the

actions that are being denounced.

Unfair competition: in this case, a legal action based on unfair competition could

be filed, in an autonomous procedure or jointly with the formal claim for illegaluse of IP rights. Unfair competition acts in intellectual property matters are those

performed in the business field that are contrary to honest practices, that is,

those that conflict with cultural norms accepted in certain time and place and

that, therefore, are prohibited by commercial practice.

Pretrial Procedure: International treaties executed by Venezuela and the

Venezuelan Copyright Law provide that the holder of a violated right can request

the relevant Court to order precautionary measures, prior to, during or after the

filing of a lawsuit for illegal use of trademark, in order to prevent the carrying out,continuance and/or consequences of the infringement. This action is initiated


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with the request for production of evidence presented before a Municipal Court in

order to evidence the existence of the infringement. Once the infringement has

been verified, the Court is asked to order the immediate cease of the actions

constituting infringement.

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16. 16.Does a foreign companys website infringing trademarks constitute use of a

trademark in your country?

It is necessary to analyse this situation in a case by case basis by reviewing the content of the

website and is necessary to assert if it is commercialising infringing products in our country.

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17. 17.Do you recommend that companies register their domain name in your jurisdiction if

they do business there?

Yes, definitely registering second level domain name in Venezuela is highly recommended in

order to avoid third parties registering such domains. In our jurisdictions the following domain

names are available .com.ve; .co.ve; .net.ve; .info.ve; and .web.ve.

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18. 18.Briefly highlight any particularities of your trademark law that is not well understood

by foreigners doing business in your country.

Since the withdrawal from the Andean Community and the consequent reinstatement of the

Industrial Property Law, the classification system is not generally well understood by foreigners.

In this regard, the classification system is based on the Local Classification. The International

Classification of Goods and Services is used as a reference and is acceptable as far it coincides


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with the Local Classification. This is similar to the system used in the US Trademark Office but

instead of applying for one application with the international class and just named the local class

(or as many local classes falling into one international class) the application must be filed

indicating the Venezuelan local class and indicating the international class as reference.

Therefore if a proposed application falls in more than one local class, it would be necessary to

file as many applications as local classes involved.

In addition, the Venezuelan PTO requests that all new applications must be accompanied by an

Official Search; therefore the filing procedure is not as expedite as trademark owners would like

to have their applications filed.

Finally, it is not well understood the fact that applications must be published in a Local

Newspaper prior its publication in the Official Bulletin. This requisite is established by the

Industrial Property Law, thus although is considered as obsolete, is mandatory its compliance in

order avoid the application be published as Abandoned due to the lack of such requirement.

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19. 19.What are the key legal issues to be considered when registering a trademark in your

country?

When registering a trademark in Venezuela is important to consider potential obstacles. It is

therefore recommended that one analyses the Official Searches prior to filing in order to

determine the source of possible conflicts.

If the registrant is the entity that will use the trademark or any authorised third party, so when

the application matures into registration licence shall be recorded in order to defend its use.

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20. 20.Can a multi-class trademark application be filed in your country?

No, each class must be filed independently one from the other.
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21. 21.Does your country allow trademark opposition proceedings? Can the deadline to file

an opposition be extended?

Yes, our Industrial Property Law establishes that once an application is published in the Official

Bulletin any third party may file an opposition, if considers that the application is confusingly

similar to a previously registered or applied for registration. The oppositions must be filed within

30 days from the publication and such deadline is not extendible.

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22. 22.Is copyright registration recommended for local packaging and/or marketing

materials?

In the case of packaging we do recommend protecting them through trademark registrations. As

for the marketing material it may be protected by copyrights.

In Venezuela copyrights are protected by the mere creation of the work and its registration is

only declarative. However, if the copyright will be subject to licence or assignment of the

economic rights, then would be necessary to register the Copyright at the Venezuelan Copyright

Office.

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23. 23.Are there any recognised legislative safe harbours that protect internet service

providers in your country from liability for the activities of its users? If so, what are the

requirements or processes Internet providers must follow to claim safe harbour?

Although our law does not establish specifically the liability of internet service providers, inpractice cease and desist letters are considered by the ISP and may remove the conflicting


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contents; considering that the penalties and fines are directed to the infringers; however ISPs

may be considered as cooperators if once having been notified of the infringements, no actions

are taken in order to prevent the continuance of such activities.

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24. 24.What is the standard of contributory copyright infringement in your country?

In the Venezuelan Industrial Property are no specific regulations in this regard; however, the

standards for contributory infringement are the standards from our Criminal Code for

accessories, aiders and abettors.

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25. 25.Does your country recognise intellectual or industrial property protection in

databases?

Venezuela recognises intellectual property for database protection.

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26. 26.Is alternative dispute resolution used in your country to resolve intellectual property

disputes? What are the benefits or dangers of using ADR?

Yes; however, it must be previously specified by the parties in a contract. The benefit is that the

procedure is not expensive as actions at Court and is expedite. The danger is that the decision

issued by the arbitrators is final thus appeal can not be filed at court.

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27. 27.Can intellectual property rights be recorded with certain government agencies in your

country, like Customs or the Border Control, to help prevent the import or export of

counterfeit goods?

The SENIAT has a division responsible for the enforcement of intellectual property rights during

the importation and transit of goods through Venezuelan customs.

Applicable law (Administrative Decision of the SENIAT SNAT/2005/0915) stipulates that the

SENIAT is empowered to conduct raids on a nationwide basis to preventively seize imported

products that may infringe intellectual property rights.

Although SENIAT or any other government agency has not yet created a Registry for thispurpose, it is acceptable to inform them about the existence of a particular IP right and how

normally are brought to the Venezuelan territory, thus if the custom authorities detect any

discrepancy, the shall notify the owner or its representative.

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28. 28.Describe any recent major developments or anticipated changes in your intellectual

property law.

There are no major developments or anticipated changes in our intellectual property law.

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29. 29.Describe any significant recent court decisions in your country relating to intellectual

property.

The main significant court decision was issued by the Supreme Court of Justice regarding the

notoriety of the Hugo Boss trademark. This statement is a step forward to the criteria sustained

by the Trademark Office, which for some years has been considered reluctant to recognise the

reputation of a mark.
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This case was initiated by an opposition lodged by the German company Hugo Boss AG,

against the registration of the Boss Citadino trademark, filed in 1988, on behalf of Citadino

International, CA. In 1995, the Trademark Office upheld the opposition filed and acknowledged

Hugo Boss as well known. The applicant Citadino International, CA, filed a reconsideration

petition and in 1997 the Trademark Office ratified trademark Hugo Boss as well known thus

dismissing the reconsideration petition. After analysing the evidence submitted in support of the

alleged reputation, the Trademark Office was able to recognise the famous character of the

mark. However, the applicant company Citadino International, CA, submitted an appeal before

the Ministry of Industries and Commerce (former Ministry of Production and Commerce). The

Ministry did not acknowledge the evidence filed in support of the reputation of Hugo Boss filed

and upheld the appeal, on the grounds of lack of evidence to prove the reputation Hugo Boss

on behalf of Hugo Boss AG.

A nullity action before the Supreme Court of Justice was submitted and the Court ruled that the

Minister ignored the facts found by the Trademark Office to establish as a basis for its decision,

the absolute lack of evidence of the fame of the mark. The fame of the mark Hugo Boss was

declared by the Trademark Office since it considered that this fact was the result of knowledge

and extensive international exposure, subregional, national advertising disclosure, length and

consistency in the use, commercial success and market leadership.

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30. 30.Has your country adopted a national legal framework for the protection of personal

information in computerised form? If so, generally describe the scope of the framework,

who must comply with its requirements, and the consequences of non-compliance. If

not, describe how your country regulates personal data security and privacy.

Venezuela has not adopted a thorough, comprehensive national legal framework for the

protection of personal information. It regulates data security and privacy through several

instruments.

First, there are two constitutional provisions regarding the right to privacy and habeas data.

(Articles 28 and 60 of the Constitution). Second, the comprehensive binding decision on Data

Privacy Protection issued on 4 August 2011 by the Constitutional Law Chamber of the Supreme

Tribunal of Venezuela. Third, several laws touch on matters of data privacy and security:
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constitutional provisions and their binding interpretation by the Venezuelan

Supreme Court:

Article 28: Every person has the right to access the information and data

regarding herself or her patrimony in official or private registries, with the

exceptions provided by law, as well as to know the use of same [data] and

their purpose, and to request before the court with jurisdiction the

updating, correction or destruction of such [data] if they are erroneous or

affect her rights illegitimately. Likewise, every person may access

documents of any nature that contain information which knowledge is of

interest to to communities or groups of persons. The secrecy of

journalistic information sources and of other professions established by

law remains safe; and

Article 60: Every person has the right to the protection of her honour,

private life, intimacy, their own image, confidentiality and reputation. The

Law shall limit the use of information systems to guarantee the honour

and personal and family intimacy of citizens and the full exercise of their

rights;

the Supreme Courts decision on data privacy protection: the Supreme Court

reiterated that Article 28 of the Constitution grants a double right: The right to

gather information on persons and their patrimony, and the right of the person

which data has been gathered to access such data which may reside in public or

private registries. The Court provided that any regulation or system on personal

data that contains information of any kind regarding specific or determinable

individuals or legal entities must guarantee:

the principle of freedom of will, which entails the necessary existence of a

prior, informed, unequivocal and revocable freely-given consent for the

use or gathering of personal data;

the legality principle: limitations to information self-determination mustresult only from norms of legal rank;

the purpose and quality principle: gathering of data must respond to

specific causes or purposes which cannot be against the constitutional or

sectorial legal regime;

temporality and conservation principle: Data conservation extends to the

achievement of the purpose for which the data were collected, that is to

say, to the causes that justified the gathering and processing;


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the accuracy and self-determination principle: data must be kept exact,

complete and updated, according to the real situation of the person they

refer to;

the caution and integrity principle: analysis of possible impacts on the

data subject must take into consideration data that is part of other

registries and their potential links. No data lacks per se legal relevance;

the security and confidentiality principle: technical and organisational

measures must be taken to protect data against adulteration, accidental

destruction or loss, unauthorised access or fraudulent use;

the tutelage principle: persons must have extrajudicial means to

guarantee their right to personal data protection, which implies the

existence of public entities that exercise such authority, hear complaintsfrom interested parties, implement models to measure efficacy of

personal data protection. This is a call for establishing a personal data

protection regulator; and

the responsibility principle: violations to personal data protection rights

must generate civil, criminal and administrative penalties in accordance

with the law;

legal instruments:

the Law Against Computer Crimes. which punishes those that seize, use,

modify or eliminate by any means, without the owners consent, the data

or information about another or over which the latter has a legitimate

interest which is incorporated in a computer or information technology

system. The Law also punishes those that disclose, publish or transfer

data or information obtained in such a manner;

the Law of Banking Sector Institutions;

the Law for the Defence of People in the Access to Goods and Services;

and

the Organic Law on Health.

These laws will be discussed under question 32 below.

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31. 31.Does your countrys data protection regime distinguish between sensitive and non-

sensitive data?

There is no consistent legal definition of sensitive vs. non-sensitive data. The constitutional

provisions on privacy and habeas data refer to information regarding a person of her patrimony

(goods), while the Law of Banking Institutions prohibits disclosure to third parties of any

information about passive or active operations with users, unless authorised in writing by them

[the users].

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32. 32.Do special data protection rules apply to certain industries, such as financial services,

health care, telecommunications? Give details.

Yes. There are specific provisions applicable to the banking sector, health and consumer

protection.

Banking

The Law on the Banking Sector Institutions prohibits the banking institutions and their staff from

disclosing to third parties (except public sector entities specifically listed in the Law) any

information about passive or active operations with users, unless authorised in writing. The Law

also prohibits Banking Institutions from moving their computing centers and their data bases

regarding their users to foreign territory or to branches subject to foreign law. Such data bases

shall be confidential and can only be used for the purposes authorised by law.

Health

The Organic Law on Health expressly grants patients the right to the confidential treatment of

their health information.

Consumer Protection

The Law for the Defence of Peoples Right to Access Goods and Services provides that in

electronic transactions, the supplier must guarantee privacy and confidentiality of data and

information involved in the transactions so that the exchange information is not accessible to

unauthorised third parties.


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Telecommunications: The Organic Law of Telecommunications provides that regulations aimed

at protecting personal data and privacy may be issued in connection with telecommunication

services and their providers.

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33. 33.Are there registration, notice, or official licence requirements with government entities

in connection with the collection, use, storage, transfer or sharing of personal data? If

so, what are they?

No. There are no provisions requiring prior registration or obtaining a licence in connection with

the collection, use, storage, transfer or sharing of personal data.

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34. 34.Does your jurisdiction require notice to affected individuals or a governmental

authority in the event of personal data compromise? If so, in what circumstances and are

there any special notice requirements?

No, there are no specific procedural provisions requiring a formal notice by the data handler to

the data subject (individual) or to a specific governmental authority in the event of a personal

data compromise.

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35. 35.Does your country require companies doing business there to publish and distribute a

statement or policy describing its personal data security and processing practices?

Venezuela does not require that a business publish and distribute a data privacy or security

statement or policy.
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