Custom Recordal of IPRs
There is no formal method of recording IPRs with the Customs; however, certain border measures are available to the proprietor, which allow suspension of only particular imports and exports.
Law on Patents, Utility Models, and Industrial Designs (No. 354 of 2000) - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Nicaragua.
The notice given in furtherance of suspending the particular merchandise is applicable on both imports and exports.
It is the duty of the customs to act in furtherance of the request made and keep a surveillance on the goods entering into and existing out of the territory of Nicaragua. Also, where such goods are found, it is their duty to intimate the respective parties to enable them to participate in court proceedings.
As per Section 118 of the Law, the owner of the rights, protected under this Law or his authorized licensee who has well-founded reasons to suspect that the imports or exports of goods infringing those rights are passing through the national customs, may request that the customs authorities be ordered to suspend the import or export at the time of the processing thereof.
Any person requesting that border measures be instituted should provide the customs authorities with the necessary information and a sufficiently precise description of the merchandise for it to be readily recognized.
Where suspension has been decreed, the customs authorities shall immediately inform accordingly the importer or exporter of the merchandise and the party requesting the measure.
Yes, they have a centralized system.
No, a written request has to be made.
There is no fixed term of recordal since the same is made for a particular merchandise that is anticipated to be imported or exported.
The suspension is decreed by the customs authority upon finding that certain merchandise might contain goods, which are capable of infringing the IPRs of proprietors protected under the said law.
All the liabilities and expenses are borne by the applicant.
The IP rights holder needs to confirm whether the goods are counterfeit or original within a span of 10 working days.
It is the court that decides and requests that certain conditions and guarantees shall be made payable to enforce any precautionary measures. Such an order is made pursuant to the degree of infringement and damage caused.
Where any merchandise is found to be infringing the IPRs of the rights holder in question, the customs immediately inform the importer or exporter and the party that had requested the action from the customs that such a consignment has been suspended. Thereafter, it is the responsibility of the proprietor or a legitimate licensee to initiate the mean infringement action or institute a court proceeding to obtain a court order to prolong the suspension and decide the fate of the goods.
The customs authority invites the rights holder and the importer to join the proceedings within a span of 10 days. Failure to do so shall result in lifting the suspension and clearing the detailed merchandise.
The court may require submission of other documents ancillary to the documents that have already been submitted to fairly decide and arrive at a conclusion as to the nature of the allegedly infringing goods.
The possible remedies awarded by the court include destruction and forfeiture of goods.