J. Vega & Asociados, representing Alain Delon Diffusion S.A. brought the case to law enforcement officials after they were informed that a store of Ultra Moderna, S.A. located at Panama City's largest shopping center, Los Pueblos, was selling extremely cheap shirts under the trademark AD Alain Delon. The firm began an investigation and confirmed that counterfeit shirts were offered for sale at the store. A search warrant was executed on the defendants' store in Los Pueblos, and authorities seized a variety of shirts with counterfeit trademarks. Additional evidence was collected at two other locations of the same domestic group of stores. The trademark on the shirts seized at these stores is the property of Alain Delon Diffusion S.A. The defendants were sentenced to 18 months imprisonment, fines and other penalties, as provided by Article 384 of the Criminal Code. On April 28, 2000 after defendants appealed, the Second Superior Court of Panama upheldthe Fourth Criminal Circuit Court's decision. The defendants contested the new sentence before the Criminal Hall of the Supreme Court, but on October 3, 2000 the Hall denied the claim. The seized goods were confiscated and, after removal of trademark labels, assigned to a non-profit charitable organization
The IPL was signed into law by President Ernesto Perez Balladares in May 1996, making it illegal to import, distribute, sell or offer to sell counterfeit goods, even if the defendant acts without a commercial purpose or for private financial gain. If the defendant incurs in infringement of trademarks, he or she can be charged with a felony, and faces a sentence of up to 2 years imprisonment, a fine of up to $200,000, and suspension of his or her business permit for up to 3 months, among other penalties.
More at: http://www.anti-counterfeitingpanama.com
