Counterfeiting and product imitation are not isolated risks. They represent a structural threat that directly impacts brands, consumers, and legitimate trade.
In this context, Panama is not merely a transit point—it is a strategic control point.
Its geographic position, logistical infrastructure, and legal framework make it a key jurisdiction for anticipating, intercepting, and containing the circulation of infringing goods across the region.
Why Panama?
Panama has established itself as one of the world’s leading logistics hubs. The Canal accounts for approximately 5% to 6% of global trade, with over 13,000 transits recorded in 2025.
This is complemented by a robust infrastructure that includes:
- Manzanillo International Terminal (MIT)
- Colón Container Terminal
- Port of Cristóbal
- Port of Balboa
- Panama International Terminal
As well as the Colón Free Zone—the second largest free trade zone in the world—and Tocumen International Airport, which handled close to 20 million passengers and more than 248,000 metric tons of cargo in 2025.
This level of commercial activity positions Panama as a critical point for detecting and intercepting infringing goods before they reach their final destination.
Importantly, even goods in transit are subject to Panamanian law and may be detained by the National Customs Authority (Autoridad Nacional de Aduanas – ANA).
A Legal Framework Designed for Enforcement
Panama provides a robust and effective legal framework for the protection of intellectual property rights:
- Law No. 35 of 1996 on Industrial Property
- Law No. 64 of 2012 on Copyright
- Penal Code (providing prison sentences of 4 to 6 years for intellectual property crimes)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO)
- Customs procedures with border measures, including goods in transit
Additionally, the existence of a Specialized Prosecutor’s Office for Intellectual Property and Cybercrime within the Public Ministry enables a more efficient and specialized enforcement of these matters.
Three Legal Avenues to Protect a Brand in Panama
- Border Measures (ANA)
This is the most agile and strategic mechanism.
The National Customs Authority (ANA) may detain suspicious goods ex officio or upon request by the rights holder. From that point, administrative proceedings are initiated and may subsequently evolve into criminal proceedings.
Registering trademark rights before the ANA is a key step in strengthening the effectiveness of these measures.
- Criminal Proceedings
These may be initiated ex officio, through a formal complaint, or as a continuation of a customs case.
The Specialized Prosecutor’s Office for Intellectual Property and Cybercrime is well-versed in investigative procedures and evidentiary standards.
If the rights holder seeks compensation, they must formally participate as a complainant and substantiate damages through expert evidence.
Active involvement by the rights holder is critical, particularly in identifying counterfeit or imitation goods.
- Civil Proceedings
These are handled before the Specialized Courts for Free Competition and Consumer Affairs.
They are particularly useful in cases involving the improper use of a trademark within a trade name.
Precautionary measures and evidence preservation are recommended from the outset.
Tangible Results
In 2025, our Intellectual Property team, in coordination with the National Customs Authority (ANA), secured the detention of more than 300,000 units of counterfeit and imitation goods.
These results demonstrate not only the effectiveness of the available legal tools, but also the importance of a proactive protection strategy.
Beyond the economic impact, these actions contribute to mitigating public health risks, as counterfeit products often fail to meet safety standards.
A Growing Global Challenge
Counterfeiting and piracy generate losses exceeding EUR 408 billion annually, according to the Organisation for Economic Co-operation and Development (OECD).
In addition to their economic impact, these activities:
- Finance illicit operations
- Damage brand reputation
- Expose consumers to significant risks
In the digital environment, the challenge is intensifying. The growth of e-commerce platforms and social media has facilitated the commercialization of suspicious products, requiring continuous monitoring strategies.
Beyond Protection: Strategy
Brand protection today is not reactive, it is strategic.
It requires anticipating risks, monitoring both physical and digital markets, and acting in coordination with authorities and specialized advisors.
At FABREGA MOLINO, we support our clients at every stage of this process:
- Trademark registration and enforcement
- Registration before the National Customs Authority (ANA)
- Judicial and administrative actions
- Coordination with national and international authorities
- Monitoring of digital channels and social media
Because protecting a brand is not only about safeguarding an asset. It is about preserving reputation, value, and the trust built in the market.
If your company operates in regional or international markets, Panama can play a key role in your brand protection strategy. Having a structured approach and effective execution can make the difference between reacting to an infringement and anticipating it. At FABREGA MOLINO, we are available to support you in evaluating and designing a brand protection strategy tailored to your operations and markets.
