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Enforcement of IPRs in Uruguay


Enforcement of IPRs
The bargain price of these goods when sold in their original form is much higher than the quoted price for pirated goods. Therefore, it serves as a good alternative with a better price. Most of the infringing goods found in the markets are a result of porous borders.
Clothes, sneakers, hand bags, and watches are the goods that most often face counterfeiting and piracy in Uruguay.
The laws are as follows:
  • The Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18. 046 of October 24, 2006)
  • The Decree No. 30/005 of January 19, 2005, on Sound Marks
  • The Law No. 17.011 of September 25, 1998, establishing Provisions on Trademark
  • The Decree No. 283/993, regulating the Conditions of Preparation and Presentation of Quality Wines ('Wines of Preferential Quality - PQW)
  • The Decree No. 188/007 of 28 May 2007 on Patents, Utility Models, and Industrial Designs.
Patents, Trademarks, GIs, Utility Models, Industrial Designs, and Copyright and Related Rights are the different types of IPRs protected by IPR enforcement in Uruguay.
Yes - No civil or criminal action may be instituted once 04 years have elapsed after the committing or repetition of the offense or after 01 year computed from the day on which the owner of the trademark has gained knowledge of the fact for the first time.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs -
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority – Federal Courts
B) Imprisonment Term - Patents and Industrial Designs: 06 months to 03 years, but may extend to 04 years in aggravating circumstances; Trademarks: 06 months to 03 years, but may extend to 06 years in case of aggravating circumstances; Copyright: 03 months to 03 years
C) Monetary Fine - Copyright: A fine of between 10 UR (ten re adjustable units) and 1,500 UR (one thousand five hundred re adjustable units).
ADR techniques are often resorted to for copyright issues. Furthermore, where parties to the dispute agree to settle the same by resorting to out-of-the-court means, they may do so in furtherance of a contract.
The remedies available under border control measures (customs) in Uruguay include preventative seizure or precautionary suspension of the relevant customs and destruction of goods.
The applicant shall bear the costs of the customs intervention during enforcement.
Court Proceedings