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Custom Recordal of IPRs in Uruguay

Uruguay

Custom Recordal of IPRs
Yes
No
Yes
The Law No. 17.616 of January 10, 2003, amending Law No. 9.739, relating to the Protection of Copyright and Related Right - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Uruguay.
Custom Recordal of IPRs is effective only on the import of goods.
The customs receive the request by the applicant or the rights holder and act in pursuit of detaining and suspending infringing goods. The customs then resume the role of inspection and determination of the true character of the allegedly infringing goods, after which, it is to detain the goods until the court makes a final order concerning the goods.
If the IP rights holder whose rights are protected under the law has a valid reason for suspecting the nature of particular goods being imported into the national territory of merchandise, he or she should inform the National Directorate Of Customs to enable them to act in furtherance of the request.
As per article 25, the IP rights holder should present all the legal elements that give merit to the suspicion, which includes details of the proprietor and the rights held by him as well as evidence concerning the infringing goods.
No
24 hours
The customs department has a centralized system of recording intellectual property rights. Therefore, it is not required that customs recordal should be made at every port of entry in Uruguay.
There is no administrative fee for recording intellectual property rights with the customs.
Yes
If the customs authority has obtained reasonable evidence to establish that the goods may be of infringing nature, it suspends the clearance of infringing goods until the final determination is made by the court after the proceedings are initiated by the rights holder.
The applicant bears the liabilities and expense related to the suspension of the release of the infringing goods.
Yes
Yes
Yes
10 working days
Yes
10 working days
No
N/A
If the goods detained or seized or found to be infringing the intellectual property rights of the intellectual property rights holder in question, the measures requested by such a holder once carried out shall be communicated to the interested parties. Thereafter, the intellectual property rights holder has a period of 10 working days to initiate a corresponding civil or criminal action and take the preventive measures.
Yes, the customs invite the rights holder and the importer to join the proceedings. Failure to join such proceedings or any initiation of corresponding civil or criminal action or preventive measures should be null and void if made after the prescribed period of 10 working days.
No
No
The court may require the submission of other ancillary documents to arrive at a conclusion concerning the nature of allegedly infringing goods.
The possible remedies awarded by the court include seizure and destruction of goods outside the channels of commerce.
N/A