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Are You Benefiting from the Customs Alert to Fight Counterfeit Goods?
Counterfeit goods can severely harm brand reputation and business operations in today´s global marketplace. As part of a manufacturer’s fight against piracy, one relatively easy step is to register with the “Sistema de Asientos de Alerta” or “Alert Entries System.”[1] The system offers manufacturers and other intellectual property rights holders a proactive way to protect their brands by working closely with customs authorities to prevent counterfeit goods from entering the market.
What is the Alert Entries System?
The System allows rights holders to actively participate in customs inspections of potentially counterfeit goods. Manufacturers and other rights holders can register their trademarks and list products for which they alone are authorized to market. These holders may appoint representatives to inspect and photograph merchandise held by customs at a bonded warehouse. The Alert and ability to inspect enables better control by rights holders based outside Argentina. Registrants in the System enjoy a more significant role in working with customs to detect and halt the flow of counterfeit goods[2].
How Does the System Work?
The Alert Entries System allows customs officials to notify registered trademark holders of suspicious goods and to collaborate in verifying the origin and authenticity of the products. All holders of perfected intellectual property rights (trademark, patent, or copyright) to the goods are eligible registrants. Participation in the System is voluntary and free of charge. Registration is completed through the filing of a customs form and, once accepted, registration is valid for two years, renewable for successive two-year terms upon request.
The sequestration of suspicious goods and the ability of a client to verify quickly their counterfeit nature is a valid tool in a manufacturer’s arsenal against piracy.
Footnotes
[1] Customs General Resolution No. 2216/07. Although the System was implemented in 2007, experience shows that many international companies remain unfamiliar with it. As discussed further below, registration with the System is free and the upside of detection and action is considerable.
[1] An obvious question (beyond the scope of this article) is whether the Argentine Customs Authority is committed to vigilance against pirated goods.
More information
The International Tax & Trade Practice Group at WSC Legal routinely assists clients with a vast array of customs and trade matters, including the combat against counterfeit goods. If you would like to hear more about how we can help protect your business in the Argentine market, please contact ghernandez@wsclegal.com. Special thanks to Catalina Santamaria (csantamaria@wsclegal.com) for her help in preparing this article.
Disclaimer
This article is based on publicly available information and is for informational purposes only. It is not intended to provide legal advice or an exhaustive analysis of the issues it mentions.