Many containers are held annually by customs in Panama for trademark infringement. Most are just passing through or in transit.
According to article 268 of the Panamanian penal code, trademark infringement is punishable by law and is retained by customs authorities, who then refer the dossier to the prosecutor.
Many people are affected and their containers are held in customs; they don´t know that they can take action to defend segregation.
Segregation is a process that is carried out by a lawyer and involves the separation of the illegal products from the legal ones. Segregation is a process, and both parties must be aware of the terms under which you do not miss the opportunity to segregate.
It all starts at Customs, where they notify law firms representing the marks that are registered and protected in Panama.
These firms have the opportunity to order samples of goods to check if they are illegal.
In a period of 5 days after receiving the samples, these law firms will file an opposition to transit.
This opposition to the application is submitted to the prosecutor.
Before the complaint is sent to the prosecution, we will send you an email with the power of attorney. It has to be printed on 8 1/2 x 13 and sent back to us via courier. With this power, we can defend against both customs and prosecutors.
Since the file reaches the prosecution, the person, through his attorney, has the opportunity to request segregation.
The affected person who retained merchandise may have been present in Panama on the day of segregation; the lawyer submits an application by the prosecutor to authorize it.
This is a process in which the person should hire a depositor because the deposit prosecution ran out of space. These deposits are not expensive, and the prices range from 125 to 150 dollars a month. The person must also hire young boys, called «estibadores,» who are going to help lower the goods from the inventory until the day of segregation.
We have experience and can recommend a team of young «estibadores»; these economical estibadores are not expensive, and we can recommend a truck to transport the goods and deposits for all of this diligence.
It is very important to use stevedores with experience.
In this proceeding, which begins with the inventory and then segregation, merchandise that is not affected will stay in the container.
The contaminated or affected merchandise is placed in a holding area for three months while the legal process is carried out.
This is a quick procedure, and within a week the person may have the container released if you have a lawyer who follows up the case. Each of these procedures must be accompanied by the applicant’s lawyer, who will explain the legal basis for each request.
This is one of the most common cases for which there may be a delay in
container or have it retained. However, you may have other cases.There may be
environmental infringement cases, drug cases, etc.
We as lawyers handle customs laws, intellectual property laws, environmental material laws, and the penal code. The individual must be aware that he has committed a crime but have defense mechanisms in place.
