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Custom Recordal of IPRs in Paraguay


Custom Recordal of IPRs
The Law No. 1294 on Marks (1998) forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Paraguay.
Custom Recordal of IPRs is effective both on the import and export of goods.
Upon receiving an application or in furtherance of an ex-officio measure, the customs act to intercept infringing goods. The customs decide on whether or not to entertain a request made by a proprietor, collect securities, and detain the goods until a final determination of the rights of each party are made in a legal proceeding.
The owners of registered marks who have substantiated reasons for assuming that the import or export of products infringing their rights is imminent may request the customs authorities to suspend the import or export at the time of shipment. The conditions and guarantees applicable to precautionary measures shall also apply to such requests and orders (Section 100).
Persons requesting the imposition of measures at the border are required to furnish the customs authorities with all the information necessary and a sufficiently clear description of the goods to allow them to be recognized (Section 101).
As per section 102, after the applicable conditions and guarantees have been met, the customs authorities shall order or reject suspension and notify the applicant accordingly. Section 103 states that after a suspension has been imposed, the customs authorities shall immediately notify the importer or exporter of the goods and the person requesting the measure accordingly.
It is a centralized system.
Where it is suspected that the goods are of infringing nature, the customs suspend the clearance of imported goods until the court makes a final determination of the same.
The applicant bears the liabilities and expenses related to suspension of the release.
The confirmation has to be communicated within a period of 10 working days.
The IP rights holder is required to produce any evidence of court proceedings to retain the goods within a period of 10 working days.
The customs inform the IP rights holder as well as the importer to enable preliminary pre
Yes, the rights holder and the importer are requested to join a legal proceeding within a period of 10 business days. Any failure to do the same shall result in lapse of any border measures and no corresponding border measure could be opted for in that scenario.
Due to large and extended borders, it is difficult to impose border measures in the best possible way. Therefore, although border measures are a viable option, they are not the best possible mode of ensuring the enforcement of IPRs.
The court may require the submission of other documents as well in to make a fair and decisive judgement
Products bearing false marks, which have been seized by the customs authorities, shall not be re-exported in the same state nor made subject to a different customs procedure.