INTA Seminar on Border Measures

On March 16, 2007, Marval, O'Farrell & Mairal and the International Trademark Association (INTA) jointly organized a full-day Seminar on Border Measures in Buenos Aires.

Over 140 attendants enjoyed an interesting and productive work session. Customs Officials and representatives of INTERPOL, the Army and Navy Forces, the Argentine Trademark Office and Copyright Office, the American Embassy, Federal Judges and Secretaries, trademark and copyright owners as well as practitioners were amongst the attendees.

Ms Iris Quadrio, partner of the Firm and member of INTA's Board and Executive Committee, opened the Seminar and pointed out INTA's leading role as a non-profit organization with a membership of more than 5,000 corporations and firms in 190 countries that promote the protection of intellectual property rights.

In the first panel, Mr Ricardo Echegaray, the Head of Argentine Customs, Ms Silvina Tirabassi, Vice Director of Customs Enforcement, and partner of the firm Mr Miguel B. O'Farrell -one of the driving forces behind the creation of a voluntary registration system with Customs- put forward the recent Resolution No 2216 issued on February 26, 2007, by the Argentine Tax Authorities (AFIP/Customs), which created a so-called "alert system," whereby trademark owners will be able to register their rights with Customs, obtain information and inspect goods identified with their trademarks before they are released into the marketplace. The system becomes effective on April 3, 2007.

In the second panel, Federal Judge Francisco de Asís L Soto and partner of the firm Mr Gustavo P Giay looked into practical considerations of judicial enforcement of intellectual property rights at borders. They particularly discussed the interaction between the GATT-TRIPS provisions, the Argentine Trademark Law and the Procedural Code.

The keynote speaker was Mr John Newton, Project Manager of INTERPOL's Intellectual Property Rights Project. He dealt with INTERPOL's activities in the region to fight against intellectual property crime. Operations Jupiter I and II in South America were specifically discussed.

In the afternoon two additional panels took place. The first one covered the importance of having suitable enforcement mechanisms at borders from the perspective of IP owners. The second one compared how border measures work in the United States and Uruguay.

Thanks to the attendance of the most respected authorities from the public and private sector, this outstanding Seminar provided for an opportunity to discuss the most important development in connection with border enforcement in Argentina, the so-called "alert system". For more information please contact Miguel B O'Farrell or Gustavo P Giay.