Argentina Customs resolution 4571/2019

ARGENTINA. CUSTOMS. RESOLUTION 4571/2019.

Today entered into force the Resolution 4571/2019 from the Federal Administration of Public Revenue (AFIP), which unifies the current regulations in Customs enforcement operations and leaves the General Resolution 2216 (except the creation of the Customs Alert System), and the External Note 53/06, amongst others, without effect.

While the Customs procedure remains almost the same, in case of goods were found to infringe intellectual property rights or there is a presumption of trademark fraud, the time frame to respond those notifications arisen due to the “Alert System” is reduced to one business day. During the aforementioned period, the existence of the operation subject to control will be communicated to the owner of the right registered in the system, so that the physical verification of the merchandise may be carried out in his presence.

In the event that the interested party does not appear and the deadline for the blockade has expired, the customs services will carry out the control measures it deems appropriate.

It is worth mentioning the procedure established by art. 5 of the cited resolution, which states that in the cases where the administrative resolution is issued on the legal and material situation of the merchandise that infringes the trademark regulations, the Division of Non-Economic Prohibitions and Trademark Fraud must notify such decision to IP holder.

For further information, please contact edeluca@react.org and/or latinamerica@react.org