Illustrating that "Technological advances and globalization have caused crimes against private property affecting copyright, patents and trademarks to increase in recent years, a boom that surprised everyone. Thus, the holders of these rights were left bewildered on the one hand, including those who must defend these rights, and those who must intervene from the state, on the other.
Specifically in the case of trademark infringement, the discussion was almost always raised within the scope of civil law, since it generally pitted merchants or businessmen against each other in the context of a discussion for a better right.
Today, on the contrary, it is about confronting highly professional criminal organisations which, as reflected in the media, invest millions in the commission of this crime, which keep groups of people from different communities in captivity and/or a state of slavery, which finance acts of terrorism, which take advantage of crime to launder money, which defraud the state through tax evasion and illegal work, and which, naturally, violate the right to property.
Faced with this new reality, it is imperative to have professionals specialized in this new crime, both from the private sector and from the state.
Let me warn you that what I am proposing is already being applied in neighbouring countries. In Peru, for example, there is an organisation, INDECOPI, which is specifically dedicated to this matter, and in Paraguay, they have special prosecutors for this crime.
He was also asked: Are there special prosecutors in the country?
Of course they exist. For example, there are the prosecutor's offices that are under the jurisdiction of PAMI or ANSES, or the prosecutor's office that specializes in sexual crimes in the City.
Note how successful the creation of these prosecutors was. The benefits they brought to the various agencies in the prosecution of the specific crimes that affected them are obvious. Of course, the outstanding work carried out by the prosecutors in charge of them has something to do with this.
How does the private sector view your proposal?
I confess that I was surprised by the consensus I found among the various actors in the sector. You had the opportunity to see with your own eyes that there is practically no dissent, neither among the lawyers specialized in the matter, nor with the representative organizations and/or associations. This is not common. Obviously, they are tired, and this is obvious, of not being listened to and of the lack of response when they turn to the courts. I return to what I was saying before. It is necessary that we all become aware that we are facing a crime, and underline the word CRIME, a very dangerous crime that moves billions of dollars in the world. When I read the figures involved – there is talk of 600 billion dollars – I am surprised that the holders of the rights affected have been so passive until now. Consider that there are entire sectors of the industry that are in danger of extinction.
An example?
The music or film sector, for example.
Is there a bill in Congress proposing that the AFIP be a party in trademark counterfeiting proceedings? How does this participation fit in with the idea of a special prosecutor's office?
It is ideal. There are already several collaboration agreements between the AFIP and the Council of the Judiciary. The AFIP has elements that the Judicial Branch does not have, and vice versa. I think it would be very useful for everyone. Consider that this crime not only affects private property, but as I said, it produces tax evasion and illegal work. I understand that there are fairs, for example, where counterfeit products are sold that move something like one thousand two hundred million pesos a year. And this is illegal money whose final destination is unknown. Or think about the borders. The AFIP already has a law that authorizes its intervention when it suspects that counterfeit products are being brought into the country. But behind closed doors and in a country as large as ours, we still do not have the necessary tools. I repeat, the collaboration of the AFIP would be very useful.
Are you familiar with the draft reform of the trademark law?
Yes, I have seen it
What do you think of it?
I am concerned that the counterfeiting of medicines does not currently have greater legislative protection than Law 22.362. I say this because I do not understand the disproportion in the penalties established for the different types of counterfeiting, referring to those that affect copyright, patents and trademarks in that order. I believe that, as Law 24.425 establishes in its art. 61, the penalties and procedures must be adapted, beyond what is already provided for by the jurisprudence of the Supreme Court. I believe that the project adds new elements; but above all, I believe that the most important thing is that there is an awareness of the need to adapt the law to the current situation.
Do you have any final comments?
We must insist on educating, preventing and deterring. Society must understand from an early age that acquiring counterfeit products is a crime and not a "trick" as the infringement is seen today. It is a crime that is concocted by criminal organizations, and that with our daily contribution it generates even greater crimes. We must explain that by participating in this crime, we are violating the property rights of another person. Naturally, the earlier this education begins, the better. Any child has access to the Internet and from there he or she receives all kinds of proposals in this regard on a daily basis, games, movies, etc. We are definitely facing a modern and novel crime that imposes and demands new rules of the game. Think that an address on the Internet, I mean a domain of course, can constitute a trademark infringement. Twenty years ago, no one would have thought that to avoid the violation of his or her trademark he or she would need the help of an investigation agency. Today, any lawyer specializing in trademark counterfeiting works in a team with investigators, because as soon as the crime is revealed, the important thing is to discover the source. Hence the importance of the proposed prosecution. Like any new idea, it is not easy to carry out, and of course there are not enough resources, in any case they are not enough. But at least the idea is already in motion. I think it is a contribution.
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