Monday, 23 February 2009

Criminal provisions for trade mark infringement in Argentina

An article ("The Battle against Trademark Piracy") in International Law Office, by Daniel R Zuccherino, of Obligado & Cia, summarises among other things the position regarding the criminal law of trade mark infringement in Argentina. Article 31 of the Trade Mark Law in that jurisdiction provides for the following punishments:
“Any person who perpetrates any of the acts mentioned hereinafter shall be punished with imprisonment from three months to two years and a fine may also be imposed:

(a) Any person who infringes or issues fraudulently a registered trade mark or name;

(b) Any person who uses an infringed or fraudulently issued registered trade mark or designation or one belonging to a third party lacking his authorization;

(c) Any person who offers for sale or sells a registered trade mark or an infringed designation, or a fraudulently imitated registered trade mark or designation or a trade mark or designation which belongs to a third party lacking his authorization; and

(d) Any person who offers for sale or sells or otherwise markets products or services of an infringed or fraudulently imitated registered trade mark.”
The Executive Branch has the power to adjust the fixed fine on an annual basis, according to the registered variation of the general level of the wholesale price index, which is officially published by the National Institute of Statistics and Census.

This article also discusses provisions governing (i) the marketing of counterfeit merchandise in fairs that do not comply with legal formalities and (ii) the cross-border importation of counterfeit products.

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