•  
  •  
 

Authors

Diego A. Ramos

Abstract

This article begins by examining the unique political circumstances of Puerto Rico, as a territory of the United States. It then explains the different federal and national systems that govern patent and copyright protection in Puerto Rico. The article details the conflict between the two systems and outlines the way the federal laws of the United States take precedent over the local laws of Puerto Rico in the areas of copyright and trademark. It analyzes the laws of Puerto Rico which provide protection for "moral rights" in the European tradition, which the United States does not recognize. The article also discusses trade secret and trademark protection of software under the Puerto Rico Trademark Act of 1991 and the federal Lanham Act. It analyzes the types of protection afforded by the Lanham Act: consumer confusion protection, trade dress protection and deceptive or disparaging address protection. It discusses criminal protection of software in Puerto Rico and concludes by describing Puerto Rico as "the most software friendly jurisdiction South of the Border."