United States of America
IP Enforcement
Special requirements related to border measures
15. Please describe in detail the manner in which Argentina provides for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
There are no special requirements related to border measures. The applicable national legislation is the Argentine Code of Civil and Commercial Procedure, which provides for the possibility of filing a request for a precautionary measure, stating the right for which protection is claimed, the measure applied for and the provision of the law on which it is founded, and confirming that the relevant requirements, in particular regarding the measure requested, have been met. Articles 24, 83 and 79 apply in matters pertaining to industrial designs, patents and copyright law, respectively. A reading of these Articles makes it clear that, under Argentine legislation, the suspension of release of prima facie counterfeit goods may be requested as a precautionary measure.