Unión Europea

Guatemala

Observancia de los derechos de propiedad intelectual

55. Please identify the competent authorities in your jurisdiction who receive requests from right holders for an application to suspend the release of counterfeit goods by the customs authorities.

According to Articles 190 and 191 of the Industrial Property Law, in cases of infringement of the rights of a trademark holder border measures must be requested from the judicial authority, and more specifically the court of first instance with jurisdiction over the territory in which the corresponding custom office is located. Under Articles 129 and 130 of the Law on Copyright and Related Rights, the right holder concerned may request the border measure from the judicial authority or directly from the customs authority, which can order the suspension of the importation or exportation in question for a period of not more than ten working days.