Section 46, Act No. 25986, provides that it is prohibited to import or export goods under any suspensive or final customs destination, when a verification procedure thereof reveals that the goods, either imported or exported, bear/are a counterfeit trademark or trade name, a pirated copy or that the said goods infringe any other intellectual or industrial property right which the trademark owner may be entitled to by national legislation.
In order to develop new procedures and speedy systems to deal with trademark infringement and counterfeiting, the Alert Entry System was established in 2007 by AFIP [Federal Administration of Public Revenue] Resolution No. 2216, whereby greater control on imported or exported goods has been exercised by the Customs Bureau along with a stronger cooperation between the owner of such intellectual/industrial property rights and the said government Agency.
In consequence, a useful tool is created by the Alert Entry System through which the Customs Bureau identifies any counterfeit goods or parallel import of genuine goods; thereafter, the said goods are being blocked for 3 business days running from the immediate business day following the date of counterfeit or parallel import verification. The trademark owner, whose trademark has been previously recorded in the Alert Entry System, is thereby warned of such counterfeit or parallel import.
A subsequent inspection of the goods is carried out by the Customs Operation Department in the presence of the TM owner.
In the event an infringement of a property right is determined, the owner of such property right may require the destruction of the goods concerned as well as he will be entitled to pursue private remedies against suspected infringers.
Should a TM owner fail to appear at the goods inspection, and the goods blocking procedure expire, the Customs Service shall execute such control measures as it deems applicable based on risk analysis that the said Customs Service may conduct.
Furthermore, recording of trademarks for Customs protection in the Alert Entry System in the Province of Buenos Aires shall be valid for two (2) years, and it can be extended by similar periods. Requests for Extension of the said period should be done 30 days prior to expiration.
Finally, the described practice shows a steady increase in the recording of trademarks by TM owners in the Customs Alert Entry System as well as obtaining positive and speedy resolutions for the parties involved by the said government Agency.