Brief about Trademarks regulation amendment project - Argentina

ARGENTINA has had a trademark law since 1980.

In criminal law has become outdated, in such a way that today there is pactically no punishment for someone that counterfeits a trademark.

A bill has been made to modify the old legislation.

This project, written by Dr. Roberto J. Porcel and issued to the National Honorable Senate, includes important changes.

a) Upgrading the current punishment and aplication of it to enforce Trip's Agreement.

b) Imprisonment from three months to six years and fines from $ 25,000 to $ 350,000.

c) Inclusion as a criminal offence for those that use the registered trademark that was not of their property that knew or should have known this fact, to create a domain in the Internet.

d) Inclusion of a bad faith consumer as one of the possible offenders.

e) Inclusion as possible offenders those who own property or lease space for the sale of counterfeit products in a bigger scale.

f) In case of corporations, extension of liability to those that directly took part in the offence.

g) In case of corporations, it takes out probation when the beneficiary of the offence is the artificial person.

h) It extends liability for damages to directors, partners, managers of the corporations among others.

i) In case of forged documentation used by offenders to hide the commision of the crime, the Criminal Code will be applied.

h) Inclusion of AFIP (IRS) in the procedure.