As Argentina shifts towards a more open economy under the current administration, reduced import restrictions and an increased inflow of goods are drawing attention to parallel imports: genuine products imported and sold without the intellectual property (IP) rights holder’s authorisation. Although trademark rights cannot be used to block such imports, tools traditionally deployed against infringing goods can help rights holders identify parallel-imported goods and pursue compliance with local labelling, commercial loyalty, and consumer protection laws.
In an increasingly globalised economy, the expansion of e-commerce and the resulting inflow of goods pose an immediate challenge for IP rights holders. They must adapt their commercial and legal strategies to protect consumers while safeguarding the value and integrity of their brands.
‘Parallel imports’ are not counterfeit goods. They are genuine products first sold by the IP rights holder, or with its consent, in one country and then legally imported into another without the rights holder’s or the official distributor’s consent.
Argentine law does not expressly regulate parallel imports or the concept of ‘exhaustion of rights’ – the principle that, once a good has been marketed by the IP rights holder or with its consent, the rights holder cannot rely on those rights to prevent the good’s circulation or use. The courts have therefore addressed these issues and have historically held that parallel imports do not constitute trademark infringement.
Argentine courts have traditionally applied the principle of international exhaustion, under which rights are exhausted regardless of where the goods were first marketed. As a result, trademark rights generally cannot be used to restrict the circulation of original goods lawfully placed on the market.
Ongoing monitoring and practical tools for brand owners
Parallel imports may present challenges for brand owners, including:
Unfair competition concerns;
Reduced oversight of quality standards; and
Consumer vulnerability arising from the absence of official distributor or seller warranties and support services.
Genuine products may differ in their labelling, packaging, instructions, or product characteristics. These differences may undermine consumer expectations and expose brands to reputational harm, loss of consumer confidence, and commercial damage.
Against this background, brand owners can use both online and offline mechanisms to monitor the commercialisation of goods.
Recording trademarks with Argentine customs enables rights holders to be notified of import or export operations involving goods bearing their marks before the goods are released on to the Argentine market.
Although the system is primarily designed to detect counterfeit goods, it can also provide brand owners with information about shipments subject to verification. In practice, this may help identify genuine products entering the market, allowing rights holders to monitor those goods once they are placed on the market and assess compliance with applicable local regulations.
Monitoring online marketplaces, e-commerce channels, and social media platforms can likewise help identify sales and, where separate infringements or regulatory breaches are present, support administrative or legal action. Many digital channels allow brand owners to register their IP rights, report infringing listings, and request their removal, offering a fast and cost-effective means of enforcement online.
Although parallel imports create an inherent tension between free competition and trademark rights, these tools can strengthen brand owners’ efforts to prevent harm and, where appropriate, support enforcement action against sellers to ensure compliance with local rules, including labelling, commercial loyalty, and consumer protection laws.
A comprehensive brand protection strategy can help safeguard brand reputation, protect consumer rights, and defend legitimate price differentials, while respecting free-market principles.
