Counterfeiting, a Continued Challenge in the Triple Border

By BKM - BERKEMEYER

The World Customs Organization (WCO) held a sub-regional workshop on combatting counterfeiting and piracy in Iguazú, Argentina, located in the “Triple Frontier”, or tri-border area, between Argentina, Brazil and Paraguay.

The three-day workshop sought to strengthen cooperation between the Customs administrations of the region in order to boost the efforts undertaken by each country to provide better protection for intellectual property rights (IPR).

The relevant WCO tools and instruments in this field and communication between Customs and other stakeholders, in this case the judicial authorities and the private sector, aimed at creating synergy between the activities of all those involved were among the salient items on the workshop’s agenda.

Counterfeiting is a major problem in the Triple Frontier. Fake goods, such as clothing, electronics, and pharmaceuticals, are often smuggled into the region and then distributed to other parts of the world. The counterfeiting trade is worth billions of dollars and it is estimated that it costs businesses billions more in lost revenue.

The governments of Argentina, Brazil, and Paraguay have taken some steps to combat counterfeiting in the Triple Frontier. They have increased law enforcement efforts and they have worked to improve cooperation between the three countries. However, the problem remains a major challenge.

On September, 2020, on behalf of UNILEVER DE PARAGUAY S.A., BKM - BERKEMEYER led the investigation, prosecution, and conviction against the owner of a distribution company that was sentenced to two years and six months in prison for the criminal act of counterfeiting OMO detergent products.

The ruling was an extremely significant and unprecedented event in the criminal justice system of Paraguay, as investigations into these types of crimes typically conclude through restorative agreements or abbreviated trials.