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Custom Recordal of IPRs in Guatemala

Guatemala

Custom Recordal of IPRs
Yes
No
Yes
The Law on Copyright and Related Rights (Decree No. 33-98, as amended up to Decree No. 11-2006 of the Congress of the Republic) - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Guatemala.
Customs recordal of IPRs is effective on imports, exports, and also on goods in transit.
The role of the customs department is to oblige and consider the request made by the intellectual property rights holder to deter the influx of goods of infringing nature being imported to or exported outside of Guatemala. While acting in furtherance of such a request, it is the duty of the customs department to ensure that the goods detected of suspicious activities are forfeited and detained with the customs. It is also the role of the customs to receive and hold any payments in the form of bonds, guarantee, or security.
If an IP rights holder believes that an import or export of products might infringe upon his or her rights, he or she may:
a) Request the relevant customs authorities to suspend the import or export in question for a period not exceeding 10 working days; or
b) Request the competent judge to order the customs authorities to suspend the release of that that import or export.
Notwithstanding the foregoing, the customs authorities must apply ex officio border measures before the competent judicial authorities if they suspect that there are goods imported, exported, or in transit infringe a right protected by this law.
The holder of the right looking forward to requesting border measures of this law needs to provide the customs authorities or the competent judge, sufficient evidence that, at first glance, there is infringement, and must provide sufficient information to reasonably expect a right to be held by the holder to the goods suspected to be recognized easily. The requirement to provide sufficient information shall not unreasonably discourage the use of these procedures.
Yes
When the customs executed the suspension of the import or export of the goods in question infringing the said IPR, they shall immediately notify the importer or exporter of the same and the applicant of the measure.
Yes, the customs have a centralized system.
No, a written request has to be filed with either the customs or competent court authorities.
Yes
If certain goods are found to be of infringing nature as per the request of the rights holder, the customs may suspend the clearance of such goods until a final determination by the court is made.
The applicant bears the liabilities and expenses related to the suspension of the release of infringing goods.
Yes
Yes
Yes
10 working days
Yes
The IP rights holder has 10 working days to produce an injunction order or evidence of court proceedings to detain the goods. If due justification is provided, that period maybe extended by a period of 10 additional working days.
Yes
The competent judicial authority shall be entitled to require the rights holder, who has initiated a process of suspension, pay a guarantee or surety sufficient to protect the accused and the competent authorities and to prevent abuses. Such warranty or guarantee may not be unreasonable so as to discourage the use of such procedures. This guarantee can be an instrument issued by a service provider financial to leave the importer, exporter, or owner of the goods imported or exported safe from damages resulting from the suspension of the release of the articles if the competent authorities determine that the item is non-infringing.
If the goods detained are found to be of infringing nature, the customs inform the parties to the dispute of the same for them to prepare for the course of action to be taken. They allow taking of samples, which can be helpful in establishing the case and defending the counterparts against any adverse court orders.
Yes, the customs authority invites the rights holder and the importer to join the proceedings at the court to resume effect of the provisional measures and later facilitate an order in favour of either of the two parties depending on the facts and circumstances of each case. If the action is not brought within 10 working days following the imposition of the measure contained in the previous paragraph, it shall automatically become invalid.
No
The court may require the submission of other documents and pieces of evidence to establish whether or not the goods are counterfeit.
As per Article 132 bis on Copyright and Related Rights Decree, if the competent authorities determine that the goods are pirated, they will be destroyed in accordance with a warrant, unless the rights holder approves an alternative arrangement. In no case may the competent authorities allow export of pirated goods to allow it see subject to other customs procedures except in exceptional circumstances.
No