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02 April 2007
The Argentine Customs Authority has created the Registry of IP Rights through the issue of Resolution 2216/2007. From April 3 2007 trademark owners will be able to register their trademarks with Customs and will be notified of any imports or exports of goods bearing those trademarks.
The new regulation is designed to help IP owners prevent the import and export of counterfeit goods. For the time being the registry will deal only with trademarks. Although copyrights and patents may not yet be registered, the director of the Customs Authority has indicated that registration of these rights may become available in the future.
Registration of trademarks with the registry is voluntary, but is recommended. The resolution sets out the following procedure for registered marks. Goods passing through Customs that declare a registered trademark right in the bill of lading will be held at the border for three working days and notice will be given to the trademark owner. The three-day period allows the trademark owner to inspect the goods and, if they are not genuine, to seek administrative or court measures to defend its rights.
The registry is designed to combat trademark fraud by simplifying the detection and detention of infringing goods at the Argentine border before the goods can clear Customs and spread throughout the country.
A registration with the warning registry will last for two years and may be renewed indefinitely by the rights owner.
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