As a result of the entry into force of the Agreement onTrade-Related Aspects of Intellectual Property Rights("TRIPS") within the framework of the World TradeOrganization (WTO) in 1995, Argentina began to amend itslegislation on enforcement of intellectual property rights (IPR) inorder to adapt them to the standards therein contained. With regard to the enforcement of rights three recentdevelopments deserves attention, namely: I) the custom surveillancesystem for trademarks and copyrights that started to operate in2007; II) the amendment of the Argentine Patent Act in 2004 thatregulates preliminary injunctions in the field of patents; and,(III) the proceedings initiated against downloaders of music on theInternet. I) Custom surveillance system for trademarks and copyright Article 51 of TRIPS requires WTO Members to adopt procedures toenable a right holder, who has valid grounds for suspecting thatthe importation of counterfeit trademark or pirated copyright goodsmay take place, to lodge an application with competent authorities(administrative or judicial), for the suspension by the customsauthorities of the release into free circulation of such goods.Members may extend such procedure to: (i) goods which involveinfringements of other IP rights like patents, and; (ii) infringinggoods destined for exportation from their territories. Articles 52 to 60 of the TRIPS establish different proceduralstandards to be followed by the relevant authorities within theimportation country and some procedural guarantees both withregards to the rights of the IP owner and the importer or consigneeof the goods that are suspected to infringe IPR (e.g., right toinspect the goods by the parties, security to be provided by theapplicant to prevent any abuse, etc.) As a consequence of the above mentioned obligations, a specialprovision was incorporated to the Argentine Custom Code in 2004prohibiting any import or export through any custom destinationwithin Argentina if upon simple verification of the products itfollows that the goods bear a counterfeit trademark, are piratedcopies or violate any other intellectual or industrial propertyright acknowledged under Argentine law1. Since then, nofurther procedural rules implementing article 51 to 60 of TRIPSwere enacted. Due to Congress passivity, on February 26, 2007,Argentina's Custom authority took the lead and issuedResolution Nr 2216 (the "Regulation") thatentered into force in April 2007. The Regulation created a WarningRegistry in which trademark and copyright owners can voluntarilyregister their ownership interests in IP rights at no cost. TheWarning Registry is confined to registered trademarks andcopyrights for the time being. The registration is valid for two years and can be renewed forsimilar periods upon request of the right holder. According to theRegulation all importations...
Enforcement Of IP Rights In Argentina
|Author:||Mr Andres Moncayo Von Hase|
|Profession:||Bruchou Fernandez Madero & Lombardi|
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