Constanza Woltzenlogel, Luiz Leonardos & Advogados, explores the anti-counterfeiting measures undertaken in Brazil, specifically thinking about the customs
process and the seizure of suspected counterfeit products.

A common question of international clients refers to the procedure to be adopted whenever Brazilian Customs retain products for counterfeit or copyrights infringement suspicious, and the possible preventive measures to be adopted in Brazil as an attempt to hinder the entrance and the commercialization of imported Intellectual Property (IP) infringing products. The present article (i) briefly revisits the Copyright protection and the anti-infringement Legal Provisions set forth in the Brazilian legislation and jurisprudence, (ii) provides general guidelines on the procedure involved from the moment a Notification is received informing that products were retained by the Brazilian Customs for suspicious of violating Intellectual Property Rights until their final destruction; (iii) brings some preventive measures that may be adopted by trademark and copyright owners as an attempt to prevent that imported IP infringing products reach consumers, and (iv) points out the difficulties often faced by both the public authorities and the trademark and Copyright owners’ attorneys that work for a better and more efficient protection of their client’s IP rights.

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