Is Custom Recordal of Intellectual Property Rights (IPRs) available in Uruguay?
Is Custom Recordal of IPRs compulsory in Uruguay?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Uruguay?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Uruguay?
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.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on the import of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
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.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
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.
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?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Uruguay by land, sea, and air?
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.
Is there an online system for Custom Recordal in Uruguay?
What is the official fee for Custom Recordal in Uruguay?
There is no administrative fee for recording intellectual property rights with the customs.
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 Uruguay?
In which scenario does the customs department/authority suspend the clearance of imported goods?
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.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expense related to the suspension of the release of the infringing goods.
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?
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?
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?
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.
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 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.
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 Uruguay? If yes, then kindly give 2-3 points?
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 ancillary documents to arrive at a conclusion concerning the nature of allegedly infringing goods.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include seizure and destruction of goods outside the channels of commerce.
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?