Trademarks regulation amendment project - Argentina While intellectual property and patent laws have been amended in past years, trademark law dates back to 1980 and has not been amended. In criminal law has become outdated, in such a way that today there is practically no punishment for someone that counterfeits a trademark. The proposed reform would fill in the gap ant put in compliance the article 61 of the TRIPS Agreement.

While intellectual property and patent laws have been amended in past years, trademark law dates back to 1980 and has not been amended.

In criminal law has become outdated, in such a way that today there is practically no punishment for someone that counterfeits a trademark.

The proposed reform would fill in the gap ant put in compliance the article 61 of the TRIPS Agreement.

Project highlights: This project, written by Dr. Roberto J. Porcel and issued to the National Honorable Senate, includes important changes. a) Upgrading the current punishment and application of it to enforce Trip's Agreement. b) Imprisonment from three months to six years and fines from US$ 8,000 to US$ 112,000. 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.

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

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

b) Imprisonment from three months to six years and fines from US$ 8,000 to US$ 112,000.

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.

Project highlights: 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.

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.

Project highlights: h) It extends liability for damages to directors, partners, and managers of the corporations among others. i) In case of forged documentation used by offenders to hide the commission of the crime, the Criminal Code will be applied. j) AFIP (IRS) participation in the procedure. k) Penalties for the use of symbols identical or similar of those of a registered mark in the course of commercial operations which lead to confusion.

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

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

j) AFIP (IRS) participation in the procedure.

k) Penalties for the use of symbols identical or similar of those of a registered mark in the course of commercial operations which lead to confusion.

Project highlights: l) The infringement prescription term remains at 10 years, excepting the bad faith cases. In these cases there will be no crime prescription. m) The damages claiming term is extended from 3 to 5 years. n) Amendment of the anti - money laundering law to include Counterfeiting as an originating crime.

l) The infringement prescription term remains at 10 years, excepting the bad faith cases. In these cases there will be no crime prescription.

m) The damages claiming term is extended from 3 to 5 years.

n) Amendment of the anti - money laundering law to include Counterfeiting as an originating crime.

Proceeds:

www.porcelycabo.com Thank you for your time

www.porcelycabo.com

Thank you for your time