Is Custom Recordal of Intellectual Property Rights (IPRs) available in Paraguay?
Is Custom Recordal of IPRs compulsory in Paraguay?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Paraguay?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Paraguay?
The Law No. 1294 on Marks (1998) forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Paraguay.
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)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
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).
What documents are to be submitted along with the application for Custom Recordal of IPRs?
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).
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?
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?
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.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Paraguay by land, sea, and air?
It is a centralized system.
Is there an online system for Custom Recordal in Paraguay?
What is the official fee for Custom Recordal in Paraguay?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Paraguay?
In which scenario does the customs department/authority suspend the clearance of imported goods?
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.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses related to suspension of the release.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
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?
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?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
The confirmation has to be communicated within a period of 10 working days.
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?
The IP rights holder is required to produce any evidence of court proceedings to retain the goods within a period of 10 working days.
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
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?
The customs inform the IP rights holder as well as the importer to enable preliminary pre
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
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.
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 Paraguay? If yes, then kindly give 2-3 points?
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.
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 the submission of other documents as well in to make a fair and decisive judgement
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
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.
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?