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Custom Recordal of IPRs in Argentina


Custom Recordal of IPRs
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.
Custom Recordal of IPRs is effective both on the import and export of goods.
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.
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.
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].
Yes, it is centralized.
The application must be filed with the Trademark Fraud Division, and it does not carry any official fees.
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.
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.
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.
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
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.
The court may require adduction of other complementary documents.
The possible remedies awarded by the court include destruction of goods.