Industrial Designs entered the National Customs Warning System.
On May 26th, the Official Gazette published a notice informing that the National Customs Headquarter also authorizes industrial model and design holders to verify all goods entering into Argentine territory in order to avoid counterfeit.
For this, a specific procedure has to be followed. Holders, who have reasons to suspect that infringing merchandise is entering into the country that may in some way affect their rights, are able to file an application before the Division, in order to be able to be present during the physical examination of the goods.
They will be properly notified about the place, date and time settled for the verification.
If the owner of the industrial model or design does not assist, the verification process will take place anyway. In case a legal representative assists instead, the respective document proving said representation must be submitted.
If any irregularity is observed, in particular, if there are any doubts about the authenticity of the merchandise; this circumstance has to be immediately informed to the Customs agent, who will analyze the situation and decide if any measure should be adopted. If deemed suitable, said officer will begin the necessary actions and the goods involved would be seized.
Diana Vera Caspary, IP lawyer at Moeller IP Advisors.