ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
• civil action; and • administrative procedure. There are several special laws that address trade mark and copyright counterfeiting, including: • the Law on Trade Marks and Designations (Law No 22.362) – regulates the protection of trade marks and designations in Argentina, and establishes criminal and civil penalties for counterfeiters; • the Copyright Law (Law No 11.723) – regulates the protection of copyright in Argentina, and estab - lishes criminal and civil penalties for counterfeiters; and • the Consumer Defence Law (Law No 24.240) – regulates consumer protection in Argentina, and establishes criminal and civil penalties for counter - feiters who harm consumers. In Argentina, a party may be subject to criminal liability for counterfeiting if it is proven that it has committed a trade mark or copyright counterfeiting offence. Crimi - nal penalties may include: • imprisonment – up to six years in prison for trade mark and copyright counterfeiters; • fines; and • disqualification from engaging in any commercial or professional activity related to counterfeiting. Smuggling refers to the import, export or movement of prohibited or restricted goods without payment of the corresponding customs duties or without complying with established legal requirements. Smuggling can include the introduction of goods that are counterfeit, pirated or infringe intellectual property rights. Procedures and remedies include the following. • Customs: Argentine Customs is the body respon - sible for preventing and combating smuggling. Customs can carry out inspections and controls at ports, airports and borders to detect smuggled goods. • Federal police: the Argentine Federal Police is the agency responsible for investigating and prosecut - ing smuggling crimes.
• National Prosecutor’s Office: the National Prosecu - tor’s Office is the body responsible for prosecuting smuggling and intellectual property crimes. • Federal courts: the federal courts are the judicial bodies that are responsible for judging smuggling and intellectual property crimes. Parties that may be subject to criminal liability include: • importers and exporters; • carriers; • distributors and sellers; and • business owners and managers. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings There are special procedural provisions for trade mark and copyright court proceedings. The courts dealing with trade marks and copyright matters are the National Courts of First Instance in Federal Civil and Commercial Matters. Special Procedure The procedure for trade mark and copyright cases is special and is governed by the Trade Marks and Designations Law (Law No 22.362) and the Copyright Law (Law No 11.723). Experts In cases of copyright and trade marks, experts may be appointed to issue opinions on technical issues related to the matter. Evidence In copyright and trade mark cases, documentary, testimonial and expert evidence may be submitted to prove infringement or validity of the trade mark or copyright. Mediation Mediation hearings may be applicable to resolve dis - putes related to trade marks and copyrights.
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