Trademark Law in Argentina – Counterfeit and Pirated Goods

On septiembre 26, 2010, in Industrial Property, Marks, by Claudio Iglesias Darriba

Summary of the Argentinean legislation relating to the seizure, storage and disposal of counterfeit and pirated goods in the field of trademarks


Seizure, Inventory and Sequestration

According to Argentine Trademark Law (Act 26.362 year 1980)[1], any owner of a trademark who would get the information of the existence of objects displaying a mark on infringement to legal rules may apply to the Federal Court a provisional measure (inaudita parte) consisting in:

a) The seizure of objects.

b) The inventory and description of the objects.

c) The sequestration of one of the objects in violation.

The Court can order such measures ex officio. But whether this action is requested by the injured party, the Court could apply sufficient security to the petitioner in order to respond for any damage caused in case of having ordered the seizure without right.[2]

The offender’s situation

The person in whose power objects were found in violation, must certify and report on the following items: [3]

a) The name and address of the person who sold him or sought him the objects, and the date on which this occurred, with an exhibition of the invoice or the document proving the purchase.

b) The number of units manufactured or sold and their price, with an exhibition of the invoice or the document evidencing the sale.

c) The identity of the persons to whom he sold or gave the objects on infringement.

The refusal to provide this report , as well as the lack of documentation to serve as a commercial endorsement of items in violation, allows to assume that the holder is also a participant in the forgery, or counterfeiting. This report may be extended or supplemented in court both at the initiative of the interested party as per request of the federal judge.

The trademark owner situation

The owner of a “registered” TM can apply for provisional measures (seizure, inventory and sequestration), even if there is no crime (i.e. a forged or fraudulently imitated trademark) in case of a similar or unlawfully employed TM. In this case, the applicant must initiate legal action within a period of 15 business days after the sequestration and the sequestrated objects may be returned to the alleged infringer at his requirement. The TM owner may be responsible for repairing the damage.[4]

Disposal of goods

When the Federal Court has handed down a sentence to the offender, the victim  may request the seizure and sale of goods and other items displaying the infringed mark, or the destruction of infringed marks and all the goods bearing them. It happens when the labels cannot be separated from the goods to which they are attached.[5]



[1] Argentina Trademark Law (Act 26.362 year 1980) SECTION 2 – Provisional measures – Article 38.

[2] Legal Definitions:

“Seizure”. Temporary garnishment or attachment.

“Sequestration”. Deposit of property in litigation with the Court or a third party pursuant to contract.

[3] Argentina Trademark Law (Act 26.362 year 1980) SECTION 2 – Provisional measures – Article 39.

[4] Argentina Trademark Law (Act 26.362 year 1980) SECTION 2 – Provisional measures – Article 40.

[5] Argentina Trademark Law (Act 26.362 year 1980) SECTION 2 – Provisional measures – Article 34.

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