Precautions to take to protect against parallel importation and other forms of infringement in Brazil

The Brazilian government is taking serious measures to combat counterfeit trade and
parallel import crimes. While the amount of counterfeit products being imported into the
country is steadily rising, encouragingly, so is the number of illegal goods being seized by
customs.                                                                                                                                                        
The counterfeit trade is vast and ever evolving, however, and with new strategies being
implemented constantly, a joint effort is needed in order to succeed in eradicating the
industry. Cooperating with Brazilian authorities is an important first step, and brand owners
are encouraged to provide customs with information about their products that can help to
identify illegal imitations. Companies are also expected to work closely with customs when
illegal copies are detected and seized, and take legal action against the counterfeiters within
10 business days of the seizure.                                                                                                                     
In the event of a parallel import, or gray market product, being detected, the same legal
actions can be taken as with counterfeit goods. Brazilian authorities urge brand owners to
record licensing agreements before the Brazilian Patent and Trademark Office as well as
contracting an exclusive distributor within the country to make it easier to stop any illicit
sales of their products. Cooperating closely with Brazilian authorities and customs is key to
keeping all stakeholders informed and up to speed, thereby protecting trademarks and
intellectual property.

 

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