Understanding Trademark Misuse Consequences

Executive Decree No. 466 of 2015, which modifies Executive Decree No. 123 of 1996, establishes the scope of application that the National Customs Authority (NCA) has to  apply sanctions when the provisions of the laws on industrial property, copyright and their related rights are violated.

When the NCA retains merchandise in process or in transit, it will carry out an inventory and official appraisal of the retained merchandise and notify by edict the owner of the protected right, the consignee of the merchandise, and interested third parties.

Once the owner of the protected right has been notified, he may present opposition to the transit or processing of the merchandise in the NCA. If no opposition is filed, the merchandise will be released.

In the event that an opposition has been filed and the bond has been deposited, the NCA   will send the merchandise retained for custody outside the port area to the Public Ministry and the investigation phase will continue.