Introduction
The Industrial Property Code no. 6769 (IP Code) entered into
force on January 10 2017. It repealed and replaced the decree-laws
on patents, utility models, trademarks and service marks,
industrial designs and geographical indications. The IP Code,
despite its essential changes, makes no clear reference to the
status of IP enforcement relating to 'transit passing'
goods.
What the repealed legislation Decree-Law no. 556 on the
Protection of Trademarks said:
The wording of the repealed Article 9 of Decree-Law no. 556 on
the Protection of Trademarks (amended in 2009 through the Law no.
5833), was stating trademark protection would be enforceable
against the "goods bearing the sign entering the
customs territory, being subject to a procedure or use that is
approved by the customs". With this definition, the
Court's understanding of trademark infringement was broadened
so as to include 'transit passing' goods.
