Infringement of IP Rights

Action for Infringement

An action for infringement of patent or trademark rights is brought up before a Civil Judge, and include the following remedies:

1. Cessation of the infringing acts;
2. Compensation for the damages sustained;
3. The adoption of measures to prevent continuation of the infringement and, in particular, the withdrawal from the market of the goods, packaging, wrappers, advertising material, labels or other documents by means of which the infringement of the trademark right was committed;
4. Prohibition to the import or export of the goods, materials and means referred to in 3. above;
5. Publication of the decision at the expense of the condemned party;
6. Service to the persons concerned.

Provisional Measures

Provisional and protective measures are also available. Provisional measures may be requested either before or during an action for infringement, with or without service to the other party. An action for infringement must be brought within fifteen days of execution of preliminary measures.

The following provisional measures may be ordered:

• Cessation of the infringing acts;
• The adoption of measures to prevent continuation of the infringement and, in particular, the withdrawal from the market of the goods, packaging, wrappers, advertising material, labels or other documents by means of which the infringement of the trademark right was committed;
• Prohibition to the import or export of the goods, materials and means referred to in c) above;
• Seizure of infringing goods, materials, and means used to carry out the infringement.

Border Measures

By Court order, provisional measures to be carry out at the border, will be executed by Custom Authorities. If border measures are executed, an action for infringement must be brought within ten days of execution.

Criminal Sanctions for Infringement

Criminal sanctions consist in two to six years of prison, and/or a fine of up to 25,000 dollars for intentional acts resulting in:

The use in commerce of a registered trademark or a servile copy thereof, in relation to the goods or services protected by the registered mark.

To import, to store, to wholesale, to export, to retail, to offer for sale, to be in possession, to rent, to make false merchandise available in any other way.