Counterfeiting and imitation of products continue to pose a serious threat to intellectual property rights, undermining the interests of rights holders, endangering consumers, and distorting legitimate trade. In Panama, an established legal framework provides rights holders with effective tools to enforce their rights through strategic and timely legal action.

Recently, FABREGA MOLINO achieved a significant success in this ongoing fight, securing the large-scale seizure of counterfeit and imitation goods in collaboration with the National Customs Authority. This case highlights the critical importance of robust intellectual property enforcement and a swift legal response to infringement.

Panama’s Legal Framework Against Counterfeiting

Panama has developed a strong regulatory framework to protect intellectual property and enforce trademark rights. Key legal instruments include:

• Law No. 35 of 1996 on Industrial Property, which safeguards trademark rights and provides judicial remedies for enforcement.
• Law No. 64 of 2012 on Copyright, establishing actions to protect copyright holders.
• The Panamanian Criminal Code, which criminalizes counterfeiting, imitation, and the distribution and commercialization of infringing products.
• The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), establishing international standards in combating piracy and counterfeiting.
• Customs procedures, allowing for the implementation of border measures to detain suspicious goods before their entry into the local market, including goods in transit.

Strategic Enforcement: Success at the Border

Border measures are among the most effective tools in the fight against counterfeiting and imitation. Through these mechanisms, the National Customs Authority is empowered to detain goods suspected of infringing intellectual property rights. Registration of trademarks with Customs further strengthens the enforcement process.

In recent operations, FABREGA MOLINO’s Intellectual Property team, working closely with the National Customs Authority, successfully secured the seizure of a substantial volume of infringing goods, including:

✔️ 86,900 counterfeit soap bars
✔️ 120,000 imitation toothbrushes
✔️ 36,000 imitation toothpaste units

These actions not only protect our clients’ commercial interests but also contribute to safeguarding public health by preventing non-compliant products from reaching consumers.

Leadership and Expertise in Trademark Enforcement

This success was driven by the leadership of Farah Molino, Partner at FABREGA MOLINO, with the support of Jorge Graham and the anti-piracy expertise of new team member Fernando Reyes. Their strategic approach and deep knowledge of Panama’s intellectual property laws were decisive in achieving this outcome.

Commitment to Intellectual Property Protection

At FABREGA MOLINO, we recognize that the protection of intellectual property rights is vital to business competitiveness, innovation, and public trust. Our dedicated team is fully equipped to:

• Advise on trademark registration, protection, and enforcement strategies.
• Implement and manage border measures to prevent the circulation of counterfeit goods.
• Initiate and pursue judicial and administrative actions against infringers.
• Coordinate closely with regulatory authorities to ensure the effective enforcement of intellectual property rights.

If your company seeks to strengthen its trademark protection strategy and combat counterfeiting effectively, our team stands ready to assist you.