United States of America
IP Enforcement
Criminal Procedures
18. Please describe in detail how the laws of Argentina implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
Jurisdiction for hearing cases of criminal infringement of industrial property rights lies with the federal criminal courts (Jueces Federales en lo Criminal y Correccional). The relevant articles and laws are the following: (a) Articles 75, 76, 77 and 78 of the Law on Patents and Utility Models; (b) Articles 31 and 38 of the Trademark Law; (c) Article 21 of Decree No. 6.673/63 on Industrial Designs. The national criminal courts have jurisdiction as regards procedures relating to infringements of copyright and related rights, and are empowered to order rapid and effective precautionary measures in order to preserve evidence of infringement of such rights. This is provided for in Articles 71, 72, 72 bis, 75, 76 and 79 of Law No. 11.723. Precautionary measures may be ordered without prior notification of the alleged infringer.