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What are Customs new responsibilities with respect to Intellectual Property?
- Law Nº 19.912 (Nov. 4/ 2003) adapts the internal legislation to the World Trade Organization (WTO) Agreements.
- Border rules for clearance suspension of goods infringing intellectual property rights.
- Customs development of risk profiles and seizures of counterfeit and forged goods. Customs was in need of a systematic legal instrument. This new Law establishes two types of procedures: 1) upon the request of the interested party and 2) upon the request of the Customs Administration.
- Customs is authorized to suspend clearance of goods for up to 5 working days due to copyright infringement or trademark counterfeiting, without prejudice of the sphere of competence of the qualified judge.
- This issue is also included in the FTA with the US.
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