Border Measures – Industrial Models and Designs

By External Note No 45/2009, published in the Official Gazette on May 26, 2009 the Argentine Customs Authority has authorized holders of industrial model and design registrations (the “holders”), upon request, to be present at the verification of goods suspected of infringing on their rights. As a result, holders have the opportunity to prevent the importation of counterfeit goods.

The following procedure was established in the External Note:

a)          Holders who are aware of the upcoming entry into the country of any products that could adversely affect and/or impair their rights, may file, with due anticipation, a written application with the Trademark Fraud Division to be present at the physical verification of such products, for which they will be duly notified about the place, date and time on which such verification will take place.

b)           If the applicant does not attend, the act will take place nonetheless, and the applicant’s absence will be duly registered.

c)           The holders may be represented by their attorneys-in-fact who may be accompanied by experts.

d)           While holders will not be allowed to take samples of the goods, they will be permitted to film and take photographs of the goods.

e)           If the holders believe that the goods infringe upon  their rights, they shall:

a.        Inform the customs agent of the Trademark Fraud Division,

b.       The customs agent will  consider the situation and consult the Division’s head

c.       The customs agent will determine whether the goods are to be detained.

d.        If applicable, the customs agent will issue the relevant minutes and proceed to confiscate the products, as set forth in External Note No 53/2006.

This procedure provides the holders with the possibility of preventing the importation of counterfeit goods.