El Salvador

Please contact our LAM-office for more information about our services in El Salvador:

React Latin America
O´Higgins 2062, 4th Floor
Ciudad Autónoma de Buenos Aires, Argentina
T +5411 4896 2751
Contact: Ms Estela de Luca

El Salvador is a member of the various International Treaties and Agreements, such as the Paris Convention, Bern Convention, TRIP´s Agreement, Patent Cooperation Treaty, amongst others. Counterfeit goods enter the country mainly through Acajutla and San Bartolo Customs points, and are commercialized in informal markets such as San Salvador where distributors sell them to retailers located throughout the country. The origin of infringement is usually China, Manzanillo (México) and Guatemala.

Our services in El Salvador

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Amicable settlements and/or negotiation settlements
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Appearing in hearings in enforcement procedures
  • Attending personal hearing
  • Desk research
  • Drafting and filing civil complaints
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Drafting and filing preliminary injunctions
  • Facilitate the handling of court proceedings
  • Filing a demand for a raid
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs seizures with civil suit for damages
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Follow up out-of-court procedures (C&D-letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Handling court proceedings (criminal or civil in all their instances)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Representing Members at training sessions
  • Simplified procedure

Country Procedures

  • It is possible to file a surveillance letter (not mandatory)
  • Customs will act ex officio
  • Deadline for response to Customs notification of detention is 10 days
  • Only when it is summoned by Court, importer may file an appeal
  • Local authorities tasked with taking criminal action against infringers are Customs, Prosecutor, Police and Court
  • Remedies available under law: seizure, fine and imprisonment (not common in practice)
  • Proof of knowledge of counterfeiting is not required (there must be wilful conduct)
  • Interim injunctions available and contributory liability remedy available
  • Damages and costs available if criminal complaint is joined with civil action