Measures on the Border are provisions that seek to guarantee the protection of trademark registrations in the event of illegal import or export of products.

If trademark rights are infringed, the authorities of each member country may apply the following measures: prevent the commercialization of the products, suspend the customs operation, and destroy or seize the forged merchandise.

Decision 486 of 2000 regulates the border measures in the chapter of Actions for Infringement of Rights, and provides for that the owner of a trademark registration having grounded reasons to assume that an import or export of products infringing such registration is about to occur, and that can provide the detailed and accurate information required about the products may petition from the national authority to suspend the customs operation.

The procedure to apply the measures on the border is as follows:

  • Inspection of the merchandise by the owner of the trademark, the importer or the exporter, and the competent authority.
  • Approval or refusal of the suspension of the customs operation.
  • (If The Suspension Of The Operation Is Approved) Notification to the applicant and to the importer or exporter of the products.
  • Having ten days elapsed since the date of service of the suspension of the customs operation without the plaintiff having initiating the action for infringement, or without the national competent authority having extended the suspension, the measure shall be ceased and the shipment of the merchandise withheld shall proceed.
  • Upon initiation of the action for infringement the party against whom the measure was decreed may resort to the national competent authority for it to modify, revoke or confirm the decision.
  • Once the infringement has been determined, the products that bear the counterfeit marks and have been seized may not be re-exported except in cases duly qualified by the national authority, or with the express authorization of the mark owner.

It is necessary to mention that the Decision makes an exception: small quantities of merchandise not being of commercial nature and forming part of the personal luggage of travelers or being sent in small shipments are excluded from this procedure.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.