Venezuela

Please contact our LAM-office for more information about our services in Venezuela:

React Latin America
O´Higgins 2062, 4th Floor
Ciudad Autónoma de Buenos Aires, Argentina
T +5411 4896 2751
Contact: Ms Estela de Luca
latinamerica@react.org


After Venezuela left the Andean Community of Nations (CAN), the country returned to its former Intellectual Property Law entered into force in 1956. In 2006 Venezuela joined Mercosur, assuming the obligation to fully harmonize their national legal dispositions with Mercosur legal framework.

Our services in Venezuela

  • Amicable settlements and/or negotiation settlements
  • Appearing in hearings in enforcement procedures
  • Desk research
  • Drafting and filing civil complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Drafting and filing preliminary injunctions
  • Follow up out-of-court procedures (C&D-letters, negotiations, settlement drafting)
  • Handling court proceedings (criminal or civil in all their instances)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Representing Members at training sessions

Country Procedures

  • Customs application available but not mandatory (there is an informal database)
  • Customs will act ex officio
  • Deadline for response to Customs notification of detention is 10 days
  • Deadline for importer to respond to seizure is 10 days. After such term if no answer is received from the importer, the detention becomes a seizure. The Importer may appeal the seizure within 25 work days, but said appeal does not annul the measure. Moreover, decision of the appealing may be subject to a previous bail from importer
  • Local authorities tasked with taking criminal action against infringers: the Autonomous Intellectual Property Service (SAPI), the General Customs and Tax Control Administration (SENIAT), National Anti-Counterfeit Action Group (GANA, for its initials in Spanish), the Anti-Counterfeiting Command (COMANPI, for its initials in Spanish) and the Public Ministry
  • Court remedies available: seizure, fine and imprisonment
  • Proof of knowledge of counterfeiting not required
  • Interim injunctions and contributory liability remedy are available
  • Damages and costs are also available but are not common