Effectiveness of the Argentine Customs Alert System

The Customs Alert System (Alert System) created by Resolution AFIP No 2216 became effective and operational in April of 2007. The Alert System provides trademark owners the possibility of receiving information of imported goods bearing their trademarks before the goods are released by Customs. This information, which is sent by e-mail, allows the trademark owners to prevent the incoming of counterfeit goods and to obtain valuable information regarding the parallel importation of genuine goods.

While the parallel importation of genuine goods is not considered a trademark infringement in Argentina, in certain cases it may constitute a contractual breach in the country of origin of the goods or a violation of other local laws, on the basis of which their importation may be prevented.

Once a trademark has been registered with the Alert System, the goods identified with such trademark are automatically blocked by Customs for three days, to allow the trademark owner to inspect the goods. The trademark owner and the importers authorized by the trademark owners are exempted from such automatic blocking.

Practical experience with the Alert System up to now shows that when the goods are counterfeit, once detected, the importers simply abandon them to be destroyed, and when they are genuine they provide the trademark owners with information which allows the trademark owners to inform Customs within 48 hours that they have nothing to object and the goods are promptly released without interfering with the flow of international commerce.