Is Custom Recordal of Intellectual Property Rights (IPRs) available in Argentina?
Yes
Is Custom Recordal of IPRs compulsory in Argentina?
No
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Argentina?
Yes
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Argentina?
In 2007, when Resolution No. 2216 was issued by the Federal Administration of Public Revenue (AFIP), a mechanism known as ‘System of Alerts’ came into force in Argentina. This System belongs to the Trademark Fraud Division and it effectively protects the duly registered trademarks.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
It is the role of the customs to intercept any goods that are suspected of carrying infringing material in pursuit of the imports or exports. Where any goods of such nature are suspected, the customs stop the same at the border for a period of 03 days during which the challenged importation will be physically verified by the official customs agent in the presence of both the parties to determine the authenticity of the goods. It is also the role of the customs to pursue the further course of action, whether administrative or judicial, in the event where the rights holder references to take the requisite measures.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
In order to register a mark in this system, the trademark owner should submit a copy of the certificate of trademark registration issued by the INPI in Argentina. In the application, the owner should also include features of the goods, like samples, the position of the good within the Mercosur Classification (NomenclaturaComun del Mercosur), a list of the most frequent ports and airports of entry and exit of the goods that may be subject to counterfeiting, and the name of a legal representative.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The information to be submitted is as follows:
i. Applicant (i.e., local importer/exporter, local subsidiary): full name, CUIT number (tax identification number), e-mail address, domicile, telephone number, registration number at the customs agency importer/exporter registry.
ii. Trademark owner: full name, CUIT number or similar in the place of business, domicile, e-mail address, country, telephone number.
iii. Attorney: full name, CUIT number, ID number, domicile, e-mail address, telephone number. The power of attorney must be granted by the IP rights owner.
iv. Licensee (optional): full name, CUIT number, domicile, telephone number, e-mail address, trademarks licensed, type of goods, Harmonised System Customs classification number (NCM SIM), expiration date of the licence agreement.
The documents required are as follows:
i. Power of attorney (duly notarized and apostilled, if possible, and translated into Spanish)
ii. ID of the attorney
iii. Certificate of registration of the trademark or copyright involved. If it is digital, a certificate of status issued and signed by the trademark office will also be needed.
iv. List NCM SIM numbers of the goods and their description, duly signed by a registered importer or exporter.
v. List of the companies that are authorized to the import or export of the goods.
vi. Evidence of use of the trademark protected goods (brochures, ad campaigns) [optional].
vii. Samples of the goods [optional].
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
No
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Argentina by land, sea, and air?
Yes, it is centralized.
Is there an online system for Custom Recordal in Argentina?
Yes
What is the official fee for Custom Recordal in Argentina?
The application must be filed with the Trademark Fraud Division, and it does not carry any official fees.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Registration with the Argentinian Customs Agency Alert System is valid for 02 years and can be renewed indefinitely within 30 days before the expiration date. It may be subsequently renewed at the request of the trademark owner, as long as the IP right is valid.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Argentina?
Yes
In which scenario does the customs department/authority suspend the clearance of imported goods?
The Customs department suspends the clearance of imported goods on finding that the goods are suspected of infringement, either in furtherance of the request made by the IP rights holder or by ex-officio action of the customs, and it is essential to establish the originality of the same.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
Regardless of the actual existence of an infringement, all expenses related to the deposit or blockade of goods are currently charged to the importer/exporter.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Yes
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Yes
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Yes
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
No
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
It is important to note that there are no regulations allocating expenses or costs related to the warning procedure or providing for a security to prevent any abuse or compensation in case of misuse of the procedure
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Does the customs authority invite the right holders and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
According to the Regulation, all importations reached or detected by the Warning Registry will be stopped at the border by Customs for 03 working days. Upon request of the rights holder or his or her representatives and within the 03-day term, the challenged importation will be physically verified by the official Customs agents in the presence of the rights holder or his or her authorized representative to determine the goods authenticity or, as the case may be, the existence of an infringement.
If an infringement may be presumably inferred, both the Customs and the rights holder will be free to initiate the appropriate administrative or judicial proceedings.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Argentina? If yes, then kindly give 2-3 points?
No
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
The court may require adduction of other complementary documents.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include destruction of goods.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?
