{"id":89012,"date":"2026-09-22T09:06:33","date_gmt":"2026-09-22T13:06:33","guid":{"rendered":"https:\/\/overcentral.com\/en\/?p=89012"},"modified":"2026-09-22T09:06:33","modified_gmt":"2026-09-22T13:06:33","slug":"uruguay-counterfeit-goods-seizures-89012","status":"publish","type":"post","link":"https:\/\/overcentral.com\/en\/uruguay-counterfeit-goods-seizures-89012\/","title":{"rendered":"Uruguay Seizes Counterfeit Goods in Customs Raids"},"content":{"rendered":"

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\nTITLE: Uruguay Seizes Counterfeit Goods in Customs Raids
\nCONTENT: <\/p>\n

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In Uruguay, although there is no systematized public database of case law regarding intellectual property rights infringements, in practice legal actions are carried out to prevent the transit, importation, storage, and commercialization of counterfeit goods, particularly in sectors such as clothing, perfumery, electronics, and toys.<\/p>\n

In recent years, various procedures have been developed in coordination with the National Customs Directorate, including the seizure of goods in transit passing through Uruguay to other countries in the region:<\/p>\n

Case 1: Goods in transit \u2014 Port of Montevideo (toys)<\/h3>\n

Officials from the Illicit Cargo Department of the National Customs Directorate inspected a container in transit at the Port of Montevideo, originating from Dubai and destined for Paraguay, detecting toys inside that allegedly infringed intellectual property rights.<\/p>\n

Initially, the rights holders were notified and proceeded to inspect the detained goods, confirming their counterfeit nature. Based on this, they filed the corresponding criminal complaint and formal request for prosecution, promoting the investigation before the Public Prosecutor\u2019s Office.<\/p>\n

The case was referred to the 2nd Turn Flagrant Offenses Criminal Prosecutor\u2019s Office, which ordered the extraction of samples and the continuation of proceedings. Subsequently, the technical expert report provided by the trademark holders confirmed the counterfeit nature of the products, consolidating the evidentiary basis necessary to determine the final disposition of the goods.<\/p>\n

It is worth noting that, although the goods were under a customs transit regime \u2014 which in principle limits the application of certain customs tax measures \u2014 this does not<\/a> prevent the application of criminal law where a potential offense is identified. Indeed, the exception inherent to the transit regime operates within customs law but does not exclude criminal prosecution when conduct defined as an offense under trademark law is present. This allowed the authorities to proceed with seizure and promote subsequent destruction.<\/p>\n

Case 2: Local seizure \u2014 formal retail establishment in the city of Paso de los Toros (clothing and footwear)<\/h3>\n

Officials from the Customs Response and Intelligence Group inspected a commercial establishment in the city of Paso de los Toros, in the department of Tacuaremb\u00f3 (near the border with Brazil), where the commercialization of allegedly infringing goods was identified.<\/p>\n

Initially, representatives of the trademark holders were involved and inspected the seized goods, conducting the corresponding technical analysis and confirming their counterfeit nature. Based on this, they filed a complaint and formally initiated proceedings.<\/p>\n

The case was brought before the competent court of first instance, which, based on the evidence produced \u2014 including technical reports submitted by the rights holders \u2014 issued a judgment classifying the conduct as the customs offense of smuggling, in accordance with the Customs Code of the Oriental Republic of Uruguay (CAROU). Consequently, financial penalties were imposed, as well as the destruction of the goods pursuant to Article 84 of Trademark Law No. 17,011.<\/p>\n

This case is particularly relevant as it demonstrates the close relationship between trademark offenses and customs violations, in so far as the commercialization of counterfeit goods in the domestic market is often preceded by their unlawful entry into national territory. In this sense, smuggling not only involves evasion of customs controls but is functionally linked to the subsequent distribution of infringing goods, enabling a broader and more effective enforcement approach.<\/p>\n

Large-scale operations aimed at dismantling distribution networks for counterfeit goods in the domestic market have also been carried out.<\/p>\n

Case 3: \u201c\u00d1emonda Operation\u201d \u2014 counterfeit perfumes and \u201cdupes\u201d<\/h3>\n

Within the framework of the so-called \u201c\u00d1emonda Operation,\u201d coordinated raids were conducted by the National Police, the National Customs Directorate, and the Public Prosecutor\u2019s Office, leading to the seizure of a significant volume of perfumes allegedly infringing intellectual property rights.<\/p>\n

The investigation originated from the interception of a truck on a national route transporting suspicious goods toward the Brazilian border, with the aim of exporting them. Upon inspection, perfumes showing signs of infringement were found. Based on this initial procedure and subsequent intelligence work, authorities identified the point of sale of the goods, which led to the raid of a free-shop-type establishment in the city of Rivera (a dry border with Brazil), where a substantial quantity of similar products was found.<\/p>\n

Rights holders were called upon to inspect the goods seized in both operations, confirming that the products not only reproduced registered trademarks but also substantially imitated the presentation and overall appearance (trade dress) of original products, including packaging, color schemes, typography, and design. In particular, so-called \u201cdupe\u201d products were identified, which, while not necessarily identical, are designed to create a direct association with original branded goods.<\/p>\n

Based on this, rights holders filed the corresponding criminal complaints, driving the criminal investigation forward. These actions reflect an expansion in the practical scope of intellectual property protection, which now extends beyond traditional trademark counterfeiting to include new forms of infringement related to trade dress imitation and products designed to evoke well-known brands.<\/p>\n

The case is currently under investigation, without prejudice to its potential expansion to additional criminal offenses or new individuals involved, consolidating a broader and more comprehensive enforcement approach.<\/p>\n

Case 4: Criminal prosecution (formalization) \u2014 importation of counterfeit goods (clothing and accessories)<\/h3>\n

This case originated from a customs control procedure in which a container from China, consigned to a Uruguayan importing company, was inspected. Inside, clothing and accessories bearing distinctive signs of international brands were found, allegedly in infringement.<\/p>\n

Following the inspection, the Specialized Prosecutor\u2019s Office for Economic and Complex Crimes (2nd Turn) took charge of the investigation. At an initial stage, trademark holders were invited to inspect the seized goods, confirming the unauthorized use of registered trademarks. Based on this, a criminal complaint was filed.<\/p>\n

Subsequently, within the framework of the investigation, the prosecutor ordered technical expert examinations, both private and official (conducted by forensic police), which confirmed the counterfeit nature of the goods. Additional evidentiary measures were carried out to determine the origin of the goods, the importation scheme, and their potential commercialization in the domestic market, revealing elements linked to an organized distribution structure.<\/p>\n

Based on the evidence gathered, the Prosecutor\u2019s Office requested the formalization of the investigation before the Specialized Organized Crime<\/a> Court of First Instance, which was granted. The defendant was charged with alleged offenses under Articles 81 and 83 of Law No. 17,011, in conjunction with other criminal offenses. The case is currently ongoing, with precautionary measures imposed while the investigation continues.<\/p>\n

These cases demonstrate not only the coexistence of trademark and customs infringements, but also an evolution toward a more comprehensive approach to intellectual property protection, in which investigations are led by the Public Prosecutor\u2019s Office and aimed not only at seizing goods but also at identifying organized importation and distribution structures.<\/p>\n

Regarding the so-called \u201cgrey market,\u201d Uruguayan law does not establish a general prohibition on the commercialization of original products outside authorized channels. Therefore, the sale of such goods does not, in principle, constitute an autonomous criminal offense.<\/p>\n

However, certain circumstances may give rise to legal liability. In particular, when products are introduced into the country in violation of customs regulations, the offense of smuggling may be constituted. Likewise, in cases where trademarks, images, or protected content are used without authorization \u2014 such as in online publications or promotional materials \u2014 intellectual property infringements may arise.<\/p>\n

Additionally, such conduct may fall within the scope of unfair competition, in accordance with Article 10 bis<\/i> of the Paris Convention, especially when it involves undue exploitation of another party\u2019s reputation or distortion of normal market conditions.<\/p>\n

Furthermore, various complementary regulations impact the commercialization of both counterfeit goods and grey market products. In particular, Law No. 17,250 on consumer protection establishes obligations regarding product information, safety, and quality, the breach of which may result in administrative sanctions.<\/p>\n

Likewise, in regulated sectors \u2014 such as cosmetics, perfumes, food, or electrical products \u2014 specific requirements apply concerning registration, authorization, and labeling. Non-compliance with these requirements, which is common in products sold outside official channels, may lead to prohibition of sale, withdrawal from the market, and sanctions imposed by the competent authorities.<\/p>\n

In conclusion, although the grey market is not classified as an autonomous offense in Uruguay, the existing legal framework allows these practices to be addressed from multiple perspectives, combining tools from customs, criminal, civil, consumer, and regulatory law, depending on the specific circumstances of each case.<\/p>\n