Overview
- The ruling, issued as Resolution No. 813-2025/CDA-INDECOPI, sets the sanction at 37.86 UIT and orders definitive confiscation of the merchandise.
- A customs alert during import controls flagged 2,670 plush toys—900 Meowth, 720 Snorlax, and 1,050 Charizard—as suspected unauthorized copies.
- Nintendo’s complaint presented images, the customs declaration, and a comparative analysis that Indecopi found proved reproduction of essential character elements.
- Indecopi determined the violation arose at import under the patrimonial right of importation, while a distribution claim was rejected because no sales occurred.
- The authority warned importers to verify licenses or face penalties, aligning with Nintendo’s stepped-up enforcement actions across Latin America.