United States of America
IP Enforcement
Special requirements related to border measures
17. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Argentina are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
In addition to the procedures under the core codes and each of the special laws, it should be mentioned that, as criminal actions concerning patents, copyright and trademarks are public prosecution proceedings, the Public Prosecutor's Office is empowered to institute such proceedings and must initiate them ex officio, pursuant to Article 5 of the Argentine Code of Criminal Procedure.