New Resolution creates a “TMs and COPYRIGHT PROTECTION at local customs through a WARNING SYSTEM”.
On Feb. 26, 2007 Resolution 2216 of the Federal Administration of Public Income (Administraci�n Federal de Ingresos P�blicos) was published in the Official Bulletin. This resolution creates a “TMs and Copyright Protection through a Warning System” (“Sistema de Asientos de Alerta”), in the National Customs Headquarter, which gives the owner of a trademark and/or authorial and related rights, the opportunity to actively take part in procedures against counterfeiting. The registration in this system is voluntary and free, and covers two years, term that can be extended for identical period of time. Any irregularity is notified to the registered holder, so that same can participate in the physical monitoring of the pertinent goods. Meanwhile and within the term of three working-days as from the notification, the custom destination is suspended. If trademark fraud is detected or suspected, the corresponding judicial and administrative procedures are initiated. This system implements the obligations established in TRIPS Art. 51.The aforesaid resolution entered into force last April 02, 2007.