Many containers are annually held by customs in Panama for trademark infringement. Most are just passing through or in transit.
The trademark infringement is punish by law and retained by the customs authorities and then refer the dossier to the prosecutor, according to the panamanian criminal code, art 268.
Many people affected and their containers are held in customs, they don´t know that they can take action to defend as segregation.
Segregation is a process that is carried by a lawyer and is the separation of the ilegal products than the legal ones. Segregation is a process and both parties must be aware of the terms to which you do not miss the opportunity to segregate.
It all starts at Customs where notifies 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 have these law firms to file opposition to transit.
This opposition to transit the application is submitted to the prosecutor.
As a first step
Before the complaint is sent to the prosecution, we will send you an e-mail with the power of attorney, It has to be printed on 8 1/2 x 13 and send it back to us via courier, with this power we can defend to both customs and prosecutors.
Since the file reaches the prosecution the person through his attorney has the opportunity to request segregation.
The affected person retained merchandise may be present in Panama the day of segregation, the lawyer submits an application by the prosecutor to authorize it.
The process of segregation in the prosecution
A process in which the person should hire a deposit, because the deposit prosecution ran out of space, these deposits are not expensive and the prices range from 125 to $ 150 a month. The person must also hire young boys «estibadores» who are going to help lower the goods from the inventory until the day of segregation.
We have the experience and can recommend the team of young «estibadores», these economic estibadores are not expensive, we can recommend the truck that will transport the goods and deposits for all this diligence.
It is very important to use estivadores with experience.
In this proceeding that begins with the inventory and then segregation, and merchandise that is not affected will stay in the container.
The contaminated or affected merchandise goes to a deposit, and there will be more or less three months while the legal process takes in the prosecution.
This is a quick procedure and within a week the person may have the container released, if you have the lawyer who follows up the case. Each of these procedures must be accompanied by the applicant’s lawyer, 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 retained. But may have other different cases. There may be
environmental infringement cases, drugs, etc.
We as lawyers handle customs laws, intellectual property laws, environmental material laws and the penal code. The person has to be aware that he has committed a crime but has mechanisms to defend themselves.
If your container is held in customs, please contact us now.