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Law N ° 22.362 And N ° 26.589. Modification

Original Language Title: Ley N°22.362 y N°26.589. Modificación

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MEDIATION AND CONCILIATION

Law 27222

Law Nº 22,362 and Nº 26.589. Amendment. Sanctioned: November 25, 2015 Enacted: December 21, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1-Amend Article 18 of Law 26,589, which shall be worded as follows:

Article 18: Prescription and expiration. The mediation suspends the limitation period and the expiration in the following cases: (a) In the mediation by agreement of parties, from the date of imposition of the fehaciente means of notification of the first hearing to the required, or from the (b) in the form of a drawing, from the date of the award of the mediator by the judicial authority; (c) In the mediation on a proposal from the applicant, from the date of the imposition of the notification of the first hearing to the required hearing, or from the holding of the hearing, whichever occurs first. In the first two assumptions, the suspension operates against all parties. In the case of point (c), only against the person to whom the notification is addressed. In all cases, the period of limitation and limitation shall be resumed from 20 (20) days from the date on which the minutes of the closure of the compulsory preliminary ruling mediation procedure are at the disposal of the parties. This suspensory effect shall not apply to the registration of marks and opposition to registration, established in law 22,362.

ARTICLE 2-Amend Article 16 of Law 22.362, which shall be worded as follows:

Article 16: Fulfilled one (1) year from the notification provided for in Article 15, the withdrawal of the application shall be declared in the following cases: (a) If the applicant and the opponent do not reach an agreement enabling the resolution (b) If the court action is initiated by the applicant, the administrative action shall be taken. The legal action may be initiated once accredited, by affidavit of the lawyer

https://www.boletinoficial.gob.ar/pdf/linkQR/bnlsTGV6ZFRZQVJycmZ0RFhoUThyQT09

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intervener, the conclusion of the mediation procedure.

ARTICLE 3-Amend Article 17 of Law 22.362, which shall be worded as follows:

Article 17: The judicial action to obtain the withdrawal of the opposition shall be initiated before the National Directorate of Industrial Property. Within ten (10) days of receipt of the complaint, together with the affidavit attesting to the conclusion of the mediation procedure, the address will forward that and the elements added to the Federal Court of Civil and Commercial of the Federal Capital together with the copy of the administrative performances of the opposite brand. The respective judicial process shall be dealt with in accordance with the rules of the ordinary judgment.

ARTICLE 4 °-This law shall enter into force from the ninety (90) days of its publication.

ARTICLE 5 °-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-FIVE DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27222-

JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -Juan H. Estrada.

Date of publication: 23/12/2015

https://www.boletinoficial.gob.ar/pdf/linkQR/bnlsTGV6ZFRZQVJycmZ0RFhoUThyQT09

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