Due to its geographical position, Paraguay is the central point for the transit of merchandise in Mercosur. Counterfeit products enter Paraguay primarily by land: in trucks and containers, and by river. The arrival of infringing products at our international airports is the third option for violators. These products come mainly from mainland China through the ports / free zones of Montevideo-Uruguay, Iquique-Chile, Paranaguá-Brazil and Buenos Aires-Argentina.

  The final destiny? Paraguay has more than 90% of imported products, but they are almost immediately smuggled into the markets of Brazil and Argentina. The main Paraguayan customs used by the offenders for the aforementioned process are Caacupemi, Fénix, Chacoi, Encarnación, Ciudad del Este, Falcón, Terport and Villeta.

Border Control:

Since Paraguay is a signatory to the TRIPS Agreement, our new laws on trademarks, patents and copyrights have specifically adopted the measures contained therein.

Customary procedure in Custom House:

The most effective procedure to attack piracy is to carry out direct control in Custom House through official reports or based on information from privately hired investigators. Once it is suspected that an identified container has infringing products, the following procedure can be followed: 

• File a complaint with the District Attorney regarding a container identified in Custom House, which is suspected of containing counterfeit products. 
• The DA asks the personalized authorities to retain the identified container for verification purposes.  
• The container is verified in the presence of the DA, the customs authorities and the legal representative of the company involved.  
• If counterfeit products are found, the DA orders a preventive take of the lot, which is taken to the DA warehouse where it is insured.

Once the Expert Witness confirms the falsification of the seized products, the Judge may order the destruction of the lot at any stage of the process.

Other actions: 

• When counterfeit products ignore customs without being detected and subsequently detected in private stores or warehouses, the same process described above can be carried out, with the only difference that a search order issued by a judge is required.   
• Cessation letters will be considered (requesting the cessation of the improper use of a trademark or legal actions).

Punishment for offenders:

The Trademark Law of Paraguay provides for punishment for offenders of up to eight years in prison and the payment of a fine.

Requirements:

The only requirement is a Special Power for legal actions that must be legalized by the Consul of Paraguay. If you request it, we can send our special POA form.