The Industrial Property Law

Original Language Title: Ley de la Propiedad Industrial

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THE LAW OF INDUSTRIAL PROPERTY

INDUSTRIAL PROPERTY LAW

Official Journal of the Federation June 27, 1991

Last reform published DOF April 9, 2012

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants, known:

That the H. Congress of the Union has served to address the following

DECREE

" THE CONGRESS OF THE MEXICAN UNITED STATES, DECREE:

INDUSTRIAL PROPERTY LAW

TITLE FIRST

General Provisions

Single Chapter

Item 1o.- The provisions of this Law are of public order and of general observance throughout the Republic, without prejudice to the provisions of the International Treaties of which Mexico is a party. Its administrative application corresponds to the Federal Executive through the Mexican Institute of Industrial Property.

Article 2o.- This law is intended to:

I.- Establish the bases so that, in the industrial and commercial activities of the country, a permanent system of perfecting their processes and products takes place;

II.- Promote and encourage the inventive activity of industrial application, technical improvements and the dissemination of technological knowledge within the productive sectors;

III.- To promote and promote the improvement of the quality of goods and services in industry and commerce, in accordance with the interests of consumers;

IV.- Favor creativity for the design and presentation of new and useful products;

V. Protecting industrial property by regulating and granting patents of invention; utility model records, industrial designs, brands, and commercial notices; publication of trade names; declaration of protection of designations of origin, and regulation of industrial secrets;

VI. Prevent acts that attack industrial property or constitute unfair competition related to it and establish penalties and penalties with respect to them, and

VII. Establishing legal security conditions between the parties to the franchise operation, as well as ensuring non-discriminatory treatment for all Franchisors of the same franchisor.

Article 3o.- For the purposes of this law it is understood by:

I.- Law, to this law;

II.- International Treaties, to those celebrated by Mexico in accordance with the Law on the Celebration of Treaties;

III.- (Repeals).

IV.- Instituto Mexicano de la Propiedad Industrial;

V.- Official Journal, to the Official Journal of the Federation;

VI.- Gazette, to the Gazette referred to in Article 8o. of this Law.

Article 4o.- No patent, registration or authorization shall be granted, nor shall be given in the Gazette, to any of the figures or legal institutions that regulate this Law, when its contents or form are contrary to public order, morality and good customs or contravene any legal provision.

Article 5o.- (Repeals).

Item 6o.- The Mexican Institute of Industrial Property, an administrative authority on industrial property, is a decentralized body, with legal personality and its own patrimony, which will have the following powers:

I.- Coordinate with the administrative units of the Secretariat of Economy, as well as with the various public and private institutions, national, foreign and international, that have the promotion and protection of industrial property rights, the transfer of technology, the study and promotion of technological development, innovation, product differentiation, as well as the provision of information and cooperation the technical assistance required by the competent authorities, in accordance with the rules and policies established for this purpose;

II.- To encourage the participation of the industrial sector in the development and application of technologies that increase the quality, competitiveness and productivity thereof, as well as conduct research on the advancement and implementation of national and international industrial technology and its impact on the fulfilment of these objectives, and propose policies to promote their development;

III. To process and, where appropriate, grant patents of invention, and records of utility models, industrial designs, trademarks, and commercial notices, to issue declaratory of notoriety or fame of trademarks, issuing declaratory of protection to designations of origin, authorizing the use thereof; publication of commercial names, as well as the registration of their renewals, transmissions or licenses of use and exploitation, and the others granted to it by this Law and its regulations, for the recognition and conservation of industrial property rights;

IV.- Sustaining the procedures for nullity, revocation and cancellation of industrial property rights, formulate resolutions and issue administrative declarations in accordance with this Law and its rules of procedure and, in general, to resolve any requests arising from the application of the Law;

V.- Conduct investigations of suspected administrative violations; order and practice inspection visits; require information and data; order and execute the measures provisional measures to prevent or stop the infringement of industrial property rights; to hear the alleged offenders in their defence, and to impose the corresponding administrative penalties on industrial property;

VI.- Designate experts when requested in accordance with the law; issue the technical opinions required by individuals or the Federal Public Ministry; carry out the proceedings and obtain the evidence necessary for the issuance of such opinions;

VII.- Act as a depositary when designated in accordance with the law and make available to the competent authority the assets that have been secured;

VIII.- Sustaining and resolving the administrative resources provided for in this Law, which are brought against the resolutions it issues, relating to the acts of application of the of its Regulation and other provisions in this field;

IX.- Fungir as arbitrator in the resolution of disputes related to the payment of damages arising from the violation of the industrial property rights that guardianship of this Law, when those involved expressly designate it as such; in accordance with the provisions contained in Title IV of the Fifth Book of the Code of Commerce;

X. Make the legal publication, through the Gazette, as well as disseminate information derived from patents, records, statements of notoriety or fame of trademarks, authorizations and publications granted and any other reference to the industrial property rights conferred on it by this Law, as well as to establish the general rules for the management of formalities through electronic means of communication and its implementation operation;

To be published in the copy of the immediate month after its issuance, all the resolutions issued in the administrative declaration procedures provided for in this Law, as well as those that they are required to do requests to amend the conditions or scope of patents or registrations granted;

XI.- Spread, advise and service the public on industrial property;

XII.- Promote the creation of industrial application inventions, support their development and exploitation in industry and commerce, and drive technology transfer by:

a) The disclosure of documentary acervos on inventions published at home or abroad and advice on their consultation and use;

b) The elaboration, updating and dissemination of directories of natural and moral persons engaged in the generation of inventions and technological research activities;

c) The performance of competitions, competitions or exhibitions and the award of prizes and awards that stimulate the inventive activity and creativity in the design and the product presentation;

d) advising companies or financial intermediaries to undertake or finance the construction of prototypes and for the industrial or commercial development of certain inventions;

e) The dissemination among persons, groups, associations or institutions of research, higher education or technical assistance, of the knowledge and scope of the provisions of this Law, which facilitate their activities in the generation of inventions and in their subsequent industrial and commercial development, and

f) The conclusion of cooperation, coordination and cooperation agreements, with the governments of the federal entities, as well as with public or private institutions, national or foreign, to promote and promote inventions and creations of industrial and commercial application;

XIII.- Participate in programs to provide incentives and support for the protection of industrial property, which tend to the generation, development and application of Mexican technology in economic activity, as well as to improve its productivity and competitiveness levels;

XIV.- Forming and keeping updated the acervos about inventions published at home and abroad.

XV.- Carry out research on the state of the art in the various industry and technology sectors;

XVI.- Promote international cooperation through the exchange of administrative and legal experiences with institutions responsible for the registration and legal protection of the industrial property in other countries, including among others: training and professional training of personnel, the transfer of work and organization methodologies, exchange of publications and the updating of the documents and databases in the field of industrial property;

XVII.- Conduct studies on the situation of industrial property in the international arena and participate in international meetings or forums related to this material;

XVIII.- Act as a consultative body in the field of industrial property of the various agencies and entities of the federal public administration, as well as advising social and private institutions;

XIX.- Participate in the formation of specialized human resources in the various disciplines of industrial property, through the formulation and execution of programs and training, teaching and specialization courses for professional, technical and auxiliary staff;

XX.- Formulate and execute your institutional operation program;

XXI.- Participate, in coordination with the competent units of the Secretariat of Economics, in the negotiations that correspond to the scope of their attributions, and

XXII.- To provide the other services and to carry out the necessary activities for the due fulfillment of their powers under this Law and other legal provisions applicable.

Item 7.- The governing bodies of the Institute shall be the Governing Board and a Director General, who shall have the powers provided for in the Federal Law of ParaState Entities and in the legal order of their creation, without prejudice to the provided for in Articles 6 and 7 BIS 2 of this Law.

Article 7 BIS.- The Governing Board will be integrated by ten representatives:

I.-The Secretary of the Economy, who presides over it;

II.- A representative appointed by the Economy Secretariat;

III.- Two representatives appointed by the Secretariat of Finance and Public Credit, and

IV.- The representatives of the Secretariats of Foreign Affairs, Agriculture, Livestock, Rural Development, Fisheries and Food, Public Education and Health; as well as of the National Council of Science and Technology and the National Metrology Center.

For each representative owner, an alternate will be appointed, who will attend the sessions of the Governing Board in the absence of the first, with all the powers and rights that correspond.

Article 7 BIS 1.- The Director General, or its equivalent, is the legal representative of the Institute and is designated as an indication of the Federal Executive, through the Secretary of Commerce and Industrial Development by the Governing Board.

Item 7 BIS 2.- It is for the Director-General of the Institute to exercise the powers referred to in Article 6 of this Law, who, without prejudice to his direct exercise, may only delegate them to the terms to be established in the respective agreements, which must be approved by the Governing Board and published in the Official Journal.

The Director-General of the Institute shall, by means of an Agreement published in the Official Journal, issue the rules and specifications of applications, as well as specific procedures and requirements for facilitate the operation of the Institute and ensure the legal certainty of individuals, including the general rules for the management of procedures through electronic means of communication.

Item 8o.- The Institute will edit the Gazette monthly, in which the publications will be made to which this Law refers and where it will be released any information of interest on the industrial property and the other matters to be determined. The acts listed in that information body shall have effects before a third party from the day following the date on which it is put into circulation, which shall be recorded on each copy.

TITLE SECOND

From Inventions, Utility Models, and Industrial Designs

Chapter I

Preliminary Provisions

Article 9o.- The natural person who makes an invention, utility model, or industrial design, or his or her successor, shall have the exclusive right of their exploitation to their advantage, or by others with their consent, in accordance with the provisions contained in this Law and its regulations.

Article 10.- The right referred to in the previous article will be granted through patent in the case of inventions and records for what it does to utility models. and industrial designs.

Item 10 BIS.- The right to obtain a patent or registration shall belong to the inventor or designer, as the case may be, without prejudice to the provisions of Article 14 of this Law. If the invention, utility model or industrial design has been carried out by two or more persons together, the right to obtain the patent or registration shall belong to all of them in common.

If multiple people make the same invention or utility model independently of each other, they will have a better right to obtain the patent or the registration that first presents the a request or a claim of the oldest date priority, provided that the request is not abandoned or denied.

The right to obtain a patent or registration may be transferred by acts between the living or the succession.

Article 11.- Patent or record holders may be natural or moral persons.

Article 12.- For the purposes of this title it will be considered as:

I.- New, to anything that is not in the state of the art;

II.- State of the art, to the set of technical knowledge that has been made public by an oral or written description, by the exploitation or by any other means of dissemination or information, at home or abroad;

III.- Inventive activity, to the creative process whose results are not deduced from the state of the art in an obvious way for a technician in the field;

IV.- Industrial application, to the possibility that an invention has a practical utility or can be produced or used in any branch of economic activity, for purposes that are describe in the request;

V.- Claim, to the essential characteristic of a product or process whose protection is claimed in a precise and specific manner in the application for patent or registration and is granted, where appropriate, in the corresponding title, and

VI.- Date of filing, to the date the application is filed at the Institute, or to the delegations of the Economy Secretariat in the interior of the country, as long as it complies with the requirements that this Law and its regulations indicate.

Article 13.- The person or natural persons who are such as such in the patent or registration application are presumed to be an inventor. The inventor or inventors have the right to be mentioned in the corresponding title or to oppose this mention.

Article 14.- For inventions, utility models and industrial designs made by persons subject to a working relationship, the provisions of the Article 163 of the Federal Labor Law.

CHAPTER II

Of Patents

Item 15.- It is considered invention every human creation that allows to transform the matter or the energy that exists in nature, for its use by man and to satisfy his specific needs.

Item 16.- The inventions that are new, resulting from an inventive and susceptible activity of industrial application, shall be patentable in the terms of this Law, except:

I.- The essentially biological processes for the production, reproduction and propagation of plants and animals;

II.- The biological and genetic material as they are in nature;

III.- Animal breeds;

IV.- The human body and the living parts that make it up, and

V.- Plant varieties.

Article 17.- To determine that an invention is new and a result of an inventive activity, the state of the art shall be considered at the date of the filing of the application. patent or, where appropriate, the recognised priority. In addition, in order to determine whether the invention is new, all patent applications filed in Mexico prior to that date, which are in the process, are included in the state of the art, even if the publication referred to in the Article 52 of this Law shall be carried out thereafter.

Item 18.- The disclosure of an invention shall not affect any further consideration, where within twelve months prior to the date of filing of the patent application or, where appropriate, of the recognised priority, the inventor or his successor The invention relates to a method for producing the invention by any means of communication, to the implementation of the invention, or to the fact that it has been exhibited in a national or international exhibition. When the application is submitted, the documentation must be included in the conditions laid down in the regulation of this Law.

The publication of an invention contained in a patent application or a patent granted by a foreign office shall not be deemed to be included within the assumptions to which it is refers to this article.

Article 19.- No inventions shall be considered for the purposes of this Law:

I.- The theoretical or scientific principles;

II.- The discoveries that consist in making known or revealing something that already existed in nature, even though it was previously unknown to man;

III.- Schemas, plans, rules, and methods for performing mental acts, games, or business and mathematical methods;

IV.- The computer programs;

V.- The forms of information presentation;

VI.- Aesthetic creations and artistic or literary works;

VII.- The methods of surgical, therapeutic or diagnostic treatment applicable to the human body and those relating to animals, and

VIII.- The juxtaposition of known inventions or mixtures of known products, their variation of use, shape, dimensions or materials, except in reality combination or fusion in such a way that they cannot function separately or that the qualities or functions characteristic of them are modified to obtain an industrial result or a non-obvious use for a technical subject.

Article 20.- (Repeals).

Item 21.- The right conferred by the patent will be determined by the approved claims. The description and drawings or, where applicable, the repository of biological material referred to in Article 47 (1) of this Law shall be used to interpret them.

Article 22.- The right conferred by a patent will have no effect against:

I.- A third party which, in the private or academic field and for non-commercial purposes, carries out purely experimental scientific or technological research, testing or teaching activities, and for this purpose it manufactures or uses a product or uses a process equal to the patented;

II.- Any person who markets, acquires or uses the patented product or obtained by the patented process, after such product has been lawfully introduced into the trade;

III.- Any person who, prior to the date of filing of the patent application or, where appropriate, of recognized priority, uses the patented process, manufactures the patented product or has initiated the necessary preparations for perform such use or manufacture;

IV.- The use of the invention in question in the transport vehicles of other countries that are part of them, when they are in transit on national territory;

V.- A third party which, in the case of patents relating to living matter, uses the patented product as an initial source of variation or propagation to obtain other products, unless such use is made in a repeated manner, and

VI.- A third party which, in the case of patents relating to products consisting of live materials, uses, puts into circulation or markets patented products for purposes other than multiplication or propagation, after such products have been have been lawfully entered into the trade by the patent holder, or the person who has granted a licence.

The performance of any activity referred to in this Article shall not constitute an administrative offence or offence under the terms of this Law.

Item 23.- The patent will be valid for 20 years, which will be unextendable, counted from the date of filing of the application and will be subject to the payment of the corresponding fee.

Article 24.- The owner of the patent after it has been granted, may claim damages to third parties who before the grant have been exploited without their consent. the patented process or product, when such exploitation has taken place after the date on which the publication of the application in the Gazette takes effect.

Item 25.- The exclusive right of exploitation of the patented invention confers upon its holder the following prerogatives:

I.- If the subject matter of the patent is a product, the right to prevent other persons who manufacture, use, sell, offer for sale or import the patented product, without its consent, and

II.- If the subject matter of the patent is a process, the right to prevent other persons using that process from using, selling, offering for sale or importing the product obtained directly from that process, without your consent.

The exploitation performed by the person referred to in Article 69 of this Law shall be deemed to have been carried out by the owner of the patent.

Article 26.- The indication that a patent is being processed or granted, may only be made in the case of products or processes found in any of these assumptions.

Chapter III

Of Utility Models

Article 27.- Utility models that are new and susceptible to industrial application will be recordable.

Article 28.- Utility models are considered to be objects, utensils, appliances, or tools that, as a result of a modification in their layout, configuration, structure or form, they have a different function with respect to the parts that integrate it or advantages in terms of its usefulness.

Item 29.- The registration of the utility models shall be valid for ten years, which shall be unextendable, counted from the date of filing of the application and shall be subject to the payment of the corresponding fee.

The exploitation of the utility model and the limitations of the right conferred by its registration to the holder shall be governed, in the conduct, by the provisions of Articles 22 and 25 of this Law.

Item 30.- For the purposes of processing the registration of a utility model, the rules contained in Chapter V of this Title shall apply, with the exception of Articles 45 and 52.

Chapter IV

of Industrial Designs

Item 31.- Industrial designs that are new and susceptible to industrial application will be recordable.

New designs that are of independent creation and differ in significant degree, known designs, or combinations of known design features are considered new.

The protection conferred on an industrial design shall not include the elements or characteristics which were dictated solely by technical considerations or by the performance of a technical function, which does not incorporate any arbitrary input from the designer; nor those elements or features whose exact reproduction is necessary to enable the product incorporating the design to be mechanically mounted or connected with another product of which it is an integral part or part, This limitation shall not apply to products in which the design is in a form intended to permit the assembly or multiple connection of the products or their connection within a modular system.

An industrial design shall not be protected when its appearance comprises only the elements or characteristics referred to in the preceding paragraph.

Article 32.- Industrial designs comprise:

I.- Industrial drawings, which are any combination of figures, lines or colors that are incorporated into an industrial product for the purpose of ornamentation and which give it a peculiar and proper appearance, and

II.- Industrial models, consisting of any three-dimensional form that serves as a type or pattern for the manufacture of an industrial product, which gives it special appearance as soon as it does not involve technical effects.

Article 33.- Industrial design record requests will be appended:

I.- A graphic or photographic reproduction of the corresponding design, and

II.- The indication of the product genre for which the design will be used.

Article 34.- The description to be made in the application must briefly refer to the graphic or photographic reproduction of the design, in which it will clearly indicate the perspective from which it is illustrated.

Article 35.- In the application, the name of the industrial design followed by the words "As mentioned and illustrated" must be expressed as a claim.

Item 36.- The registration of the industrial designs shall be valid for fifteen years which are unextendable from the date of filing of the application and shall be subject to the payment of the corresponding fee.

The exploitation of the industrial designs and the limitation of the rights conferred by their registration to the holder shall be governed, in the conduct, by the provisions of Articles 22 and 25 of the This Law.

Item 37.- The processing of the registration of industrial designs shall be carried out in accordance with the rules contained in Chapter V of this Title, with the exception of Articles 45 and 52.

Chapter V

Patent Processing

Item 38.- In order to obtain a patent, a written application must be submitted to the Institute, indicating the name and address of the inventor and the applicant, the nationality of the inventor, the name of the invention, and any other information that may be provided. This law and its regulation must be displayed on the proof of payment of the corresponding fees, including those relating to the form and fund examinations.

The pending patent application and its annexes will be confidential until the time of publication.

Item 38 BIS.- The Institute shall recognize as the filing date of a patent application to the date and time the application is filed, provided that the application complies with the requirements laid down in Articles 38, 47 fractions I and II, 179 and 180 of this Act.

In the event that the date on which the application is filed does not comply with the requirements set out in the preceding paragraph, the filing date shall be the date on which the application is filed. the corresponding compliance.

The filing date will determine the ranking between the requests.

The regulation of this Law may determine other means by which applications and promotions may be submitted to the Institute.

Article 39.- The patent may be requested directly by the inventor or by his or her representatives.

Article 40.- When a patent is applied for after doing so in other countries, it may be recognized as a priority date when it was filed first, always to be present in Mexico within the time limits laid down in the International Treaties or, failing that, within 12 months of the application for a patent in the country of origin.

Article 41.- To recognize the priority referred to in the previous article, the following requirements must be met:

I.- That when applying for the patent the priority is claimed and the country of origin and the filing date of the application in that country are stated;

II.- That the application filed in Mexico does not seek to grant additional rights to those arising from the application filed abroad.

If additional rights are intended to be derived from the application filed abroad, the priority must be only partial and referred to in this application.

In respect of claims that claim additional rights, a new recognition of priority may be requested or, failing that, they shall be subject to the novelty examination corresponding to the date (a) the presentation referred to in Article 38 BIS;

III.- That within three months of the filing of the application, the requirements of the International Treaties, this Law and its regulations, are met, and

IV.- (Repeals).

Article 42.- When several inventors have made the same invention independently of each other, the right to the patent will belong to the one with the application with the date of submission or of priority recognised, where applicable, oldest, provided that such application is not denied or abandoned.

Article 43.- The patent application shall refer to a single invention, or to a group of inventions related in such a manner to each other that they conform to a single inventive concept.

Item 44.- If the application does not comply with the provisions of the previous Article, the Institute shall inform the applicant in writing so that, within two months, the application shall be divided into several applications, with the date of each of the initial application and, where appropriate, the recognised priority. If the time limit is expired, the applicant has not performed the split, the application will be abandoned.

If the applicant complies with the provisions of the preceding paragraph, the divisional applications shall not be the subject of the publication referred to in Article 52 of this Law.

Article 45.- The same patent application may contain:

I.- The claims of a given product and those relating to processes specially designed for their manufacture or use;

II.- The claims of a particular process and those relating to an apparatus or a means specially designed for its application, and

III.- The claims of a given product and those of a process specially designed for its manufacture and an apparatus or a means specially designed for its application.

Article 46.- The process and machinery or apparatus for obtaining a utility model or industrial design shall be the subject of patent applications independent of the application for records of the latter.

Article 47.- The patent application must be accompanied by:

I.- The description of the invention, which shall be sufficiently clear and complete to enable a full understanding of the invention and, if applicable, to guide its a person who possesses expertise and means of knowledge in the field. It shall also include the best method known to the applicant for carrying out the invention, when this is not clear from the description of the invention, as well as the information that the industrial application of the invention exemplifies.

In the case of biological material in which the description of the invention cannot be detailed in itself, the application must be supplemented with the constancy of deposit of said material in an institution recognized by the Institute, according to what is established in the regulation of this Law;

II.- The drawings that are required for understanding the description;

III.- One or more claims, which must be clear and concise and cannot exceed the content of the description, and

IV.- A summary of the description of the invention, which will serve only for publication and as an element of technical information.

Item 48.- Where a patent application is to be divided, the applicant shall provide the descriptions, claims and drawings necessary for each application, except for the documentation relating to the priority claimed and its translation find in the initial application and, where appropriate, the transfer of rights and power. Drawings and descriptions displayed shall not be altered to modify the invention contemplated in the original application.

Article 49.- The applicant will be able to transform the patent application into a utility model or industrial design record and vice versa, when the content of the request is inferred that this does not match the requested.

The applicant may only process the application within three months of the date of its submission or within the following three months. the date on which the Institute requires it to transform it, provided that the application has not been abandoned. If the applicant does not transform the application within the time limit granted by the Institute, the application shall be abandoned.

Item 50.- Submitted the application, the Institute shall carry out an examination in the form of the documentation and may require clarification or clarification as to what it considers necessary, or its omissions shall be remedied. If the applicant does not comply with that requirement within two months, the application shall be deemed to be abandoned.

Article 51.- (Repeals).

Article 52.- The publication of the pending patent application will take place as soon as possible after the expiration of the 18-month period, counted from the date of the presentation, if any, of a recognised priority. At the request of the applicant, the application shall be published before the expiry of the deadline.

Article 52 BIS.- Within a period of six months from the date of publication in the Gazette, the Institute may receive information from any person regarding whether the application complies with the provisions of the Articles 16 and 19 of this Act.

The Institute may, when it considers appropriate, consider such information as technical support documents for the substantive examination on the application, without being obliged to resolve the matter. scope of the same. The Institute shall view the applicant for the data and documents provided, so that, if appropriate, it shall explain in writing the arguments which it is entitled to agree.

The submission of information shall not suspend the processing, nor shall it attribute to the person who has submitted the character of the data subject, third party or party, and, where appropriate, the exercise of the shares provided for in Article 78 of this Law.

Item 53.- Once the patent application has been published and the payment of the applicable fee has been made, the Institute will make a thorough examination of the invention to determine whether the requirements set out in Article 16 of this Law are met, or is in any of the cases provided for in Articles 16 and 19 of this Law.

For the conduct of the substantive examinations, the Institute may, where appropriate, request technical support from specialized national agencies and institutions.

Item 54.- The Institute may accept or require the outcome of the substantive examination or its equivalent made by foreign patent offices, or, where appropriate, a simple copy of the patent granted by one of those foreign offices.

Item 55.- The Institute may require in writing the applicant to submit, within a period of two months, the additional or additional information or documentation necessary, including that relating to the search or examination carried out by the applicant. foreign offices; modify the claims, description, drawings, or make any clarifications that you consider relevant when:

I.- The Institute's judgment is necessary for the conduct of the background examination, and

II.- During or as a result of the background examination it is found that the invention as requested does not meet the requirements of patentability, or is found in any of the the assumptions provided for in Articles 16 and 19 of this Law.

If within the period referred to in this article the applicant does not comply with the requirement, your application shall be deemed to be abandoned.

Item 55 BIS.- Documents that are filed in compliance with any of the requirements referred to in Articles 50 and 55 of this Law, or in the case of voluntary amendments, may not contain any additional matters or claims they give greater scope to the content of the original application considered as a whole.

Only voluntary amendments shall be accepted until prior to the issue of the decision on the origin or refusal of the grant of the patent referred to in Articles 56 and 57 of this Law.

Article 56.- In case the Institute denies the patent, it shall communicate it in writing to the applicant, expressing the legal grounds and grounds for its resolution.

Item 57.- Where the patent is granted, the applicant shall be notified in writing that, within a period of two months, it shall comply with the requirements for its publication and submit to the Institute the proof of payment of the fee. corresponding to the issue of the title. If the time limit set by the applicant fails to comply with the provisions of this Article, his application shall be abandoned.

Item 58.- The person concerned shall have an additional period of two months in order to comply with the requirements referred to in Articles 44, 50, 55 and 57 of this Law, without having to make an application and to check the payment of the tariff corresponding to the month in which the compliance.

The period referred to in the preceding paragraph shall be counted from the day following the expiry of the two-month period provided for in the articles referred to above.

The application shall be abandoned if the applicant does not comply with the requirements set out, within the initial period or in the additional period provided for in this article; or presents the proof of payment of the corresponding rates.

Article 59.- The Institute shall issue a title for each patent as a record and official recognition of the holder. The title shall comprise a copy of the description, claims and drawings, if any, and shall be recorded in the title:

I.- Number and classification of the patent;

II.- Name and address of the person or persons to whom it is issued;

III.- Name of inventor or inventors;

IV.- Dates for the submission of the application and the priority recognised in its case, and for issue;

V.- Denomination of the invention, and

VI.- Its validity and expiration date, specifying that it will be subject to the payment of the fees to maintain the rights in force, in the terms indicated by the law.

Article 60.- Granted the patent, the Institute shall make its publication in the Gazette, which shall contain the information referred to in Articles 47 and 59 of the This Law.

Article 61.- You can only allow changes to the text or title drawings of a patent in the following assumptions:

I.- To correct obvious or form errors, and

II.- To limit the extent of the claims.

The authorized changes must be published in the Gazette.

Chapter VI

From Licensing and Rights Transmission

Item 62.- The rights conferred by a patent or registration, or those resulting from a pending application, may be taxed and transmitted in whole or in part on the terms and formalities laid down in the common legislation. In order for the transmission of rights or charges to produce effects on the detriment of third parties, it must be registered with the Institute.

The registration of transfers of the ownership of two or more pending applications or two or more patents or registrations may be requested by a single promotion. transfer and who acquires are the same people in all of them. The applicant shall identify each of the applications, patents or registrations in which the registration is to be made. The corresponding fees will be paid based on the number of applications, patents or registrations involved.

Article 63.- The holder of the patent or registry may grant, by agreement, a license for its exploitation. The licence must be registered with the Institute in order to enable it to produce effects on the detriment of third parties.

The registration of rights for two or more pending applications or two or more patents or registrations may be requested by a single promotion when the licensor and the licensee is the same in all of them. The applicant shall identify each of the applications, patents or registrations in which the registration is to be made. The corresponding fees will be paid based on the number of applications, patents or registrations involved.

Item 64.- To register a patent, registration, license or lien transmission at the Institute, it is sufficient to make the corresponding application in the terms that the regulation of this Law establishes.

Article 65.- The cancellation of the registration of a license will proceed in any of the following cases:

I.- When the owner of the patent or registration and the person who has been granted the license are jointly requested by the patent holder;

II.- For the nullity or expiration of the patent or registration;

III.- (Repeals).

IV.- By court order.

Item 66.- The license shall not be entered when the patent or registration has expired or the duration of the license is greater than its validity.

Article 67.- Unless otherwise stipulated, the granting of a license shall not exclude the possibility, by the holder of the patent or registration, of granting other licenses or perform their simultaneous exploitation on their own.

Article 68.- The person who has granted a registered license at the Institute, unless otherwise stipulated, will have the right to exercise the legal actions to protect the patent rights as if it were the owner himself.

Article 69.- The exploitation of the patent by the person who has granted a registered license at the Institute shall be deemed to be carried out by the holder, except for Case of compulsory licenses.

Item 70.- Dealing with inventions, after three years from the date of the grant of the patent, or four years after the filing of the application, depending on what happens later, any person may request the Institute to the granting of a compulsory licence to operate it, where the holding has not been carried out, unless duly justified reasons exist.

The granting of a compulsory license, when the owner of the patent or who is granted a contractual license, has been performing the import of the product patented or obtained by the patented process.

Article 71.- Whoever applies for a compulsory license must have the technical and economic capacity to perform an efficient operation of the patented invention.

Article 72.- Before granting the first compulsory license, the Institute will give the patent holder a chance to within one year, counted from the personal notification to be made to it, where applicable.

After hearing the parties, the Institute shall decide on the grant of the compulsory licence and, if it decides to grant it, shall fix its duration, conditions, field of application and amount of royalties corresponding to the patent holder.

In the event that a mandatory license is requested, the person who has the prior license must be notified and heard.

Item 73.- Elapsed from the end of two years from the date of the grant of the first compulsory licence, the Institute may administratively declare the expiry of the patent, if the grant of the compulsory license does not corrected the lack of exploitation of the same, or if the owner of the patent does not prove his exploitation or the existence of a justified cause in the Institute's judgment.

The payment of royalties derived from a compulsory license will end when the patent expires or the patent is cancelled, or for any other cause provided for in this law.

Article 74.- At the request of the owner of the patent or the person enjoying the compulsory license, the conditions of the license may be modified by the Institute when the (a) justify overlapping causes and, in particular, where the owner of the patent has granted more favourable contractual licences than the compulsory licence. The Institute shall decide on the modification of the conditions of the compulsory licence, after hearing the parties.

Article 75.- Who is entitled to a compulsory license shall initiate the exploitation of the patent within two years from the date on which it was given granted. If this is not done, unless there are justified reasons for the trial of the Institute, the license will be revoked on its own initiative or at the request of the patent holder.

Article 76.- The mandatory license will not be unique. The person to whom the licence is granted may only be authorised by the Institute and provided that he transfers it together with the part of the production unit where the patent is operated.

Article 77.- For causes of emergency or national security and while they last, including severe diseases declared priority care by the Council of General Health, the Institute, by statement to be published in the Official Journal of the Federation, will determine that the exploitation of certain patents will be done by granting public utility licenses, in cases in that, if it does not do so, prevent, hinder or make production more expensive, provision or distribution of basic or medicinal products for the population.

In cases of serious illnesses that are a cause of emergency or attack national security, the General Health Council will make the declaration of care priority, on its own initiative or at the written request of national institutions specialised in the disease, to be accredited by the Council, in which the need for priority attention is justified. Published the declaratory of the Council in the Official Journal of the Federation, the pharmaceutical companies will be able to request the grant of a public utility license to the Institute and the Institute will grant it, after hearing of the parties, to the brevity that the case warrants it in accordance with the opinion of the General Health Council within a period of no more than 90 days from the date of filing of the application with the Institute.

The Health Secretariat will determine the conditions of production and quality, duration and field of application of the said license, as well as the qualification of the capacity the applicant's technical The Institute shall establish, by listening to both parties, a reasonable amount of royalties corresponding to the patent holder.

The concession may cover one or all of the prerogatives referred to in Article 25 (I) or (II) of this Law.

Except for the granting of public utility licenses referred to in the second and third paragraphs of this Article, for the granting of the other licenses, in the terms of the second paragraph of Article 72. None of the licenses considered in this article may be of an exclusive or transmittable character.

Chapter VII

Patents and Records Nullity and Expiration.

Article 78.- The patent or record will be null in the following cases:

I.- When granted in contravention of provisions on requirements and conditions for the granting of patents or records of utility models and designs industrial. For the purposes of this fraction, requirements and conditions are considered for the granting of patents and registrations as laid down in Articles 16, 19, 27, 31 and 47;

II.- When granted in contravention of the provisions of the law in force at the time the patent or registration was granted.

The action of nullity based on this fraction shall not be based on the challenge to the legal representation of the applicant for the patent or registration.

III.- When the request was abandoned during processing, and

IV.- When the grant will be vitiated by serious error or warning, or it would have been granted to those who had no right to obtain it.

The action for nullity provided for in previous fractions I and II may be exercised at any time; the action resulting from the assumptions provided for in the previous fractions III and IV, may be exercised within a period of five years from the date on which the publication of the patent or registration in the Gazette takes effect.

When nullity only affects one or some claims, or a part of a claim, the nullity shall be declared only in respect of the claim or claims affected, or the part of the claims affected. Nullity may be declared in the form of a limitation or precision of the claim concerned.

Article 79.- The declaration of invalidity shall be made administratively by the Institute, on its own initiative, at the request of a party or of the Federal Public Ministry when it has any interest. Federation, in the terms of this Law. The declaration of invalidity shall destroy retroactively the date of filing of the application, the effects of the respective patent or registration.

Article 80.- Patents or records expire and the rights they protect fall into the public domain in the following assumptions:

I.- At the expiration of their validity;

II.- For not covering the payment of the intended fee to maintain their rights in force, or within the grace period of six months following this;

III.- In the case of Article 73 of this Law.

Expiration that operates for the duration of time will not require an administrative declaration from the Institute.

Item 81.- The rehabilitation of the patent or expired registration may be requested for lack of timely payment of the fee, provided that the corresponding application is submitted within six months of the grace period referred to in part II of the previous item and cover the missed payment of the fee plus its surcharges.

THIRD TITLE

Of Industrial Secrets

Single Chapter

Item 82.- It is considered to be an industrial secret of any industrial or commercial application information that is kept by a natural or moral person with a confidential nature, which means obtaining or maintaining a competitive or economic advantage against third parties in the carrying out economic activities and in respect of which it has adopted sufficient means or systems to preserve its confidentiality and restricted access to it.

The information of an industrial secret must necessarily be related to the nature, characteristics or purposes of the products; to the methods or processes of production; or to the means or forms of distribution or marketing of products or provision of services.

Industrial secrecy shall not be considered to be any information in the public domain, which is evident to a technician in the field, based on information previously available or which must be disclosed by law or by a court order. It shall not be deemed to be in the public domain or that information provided to any authority by a person possessing it as an industrial secret shall be disclosed by legal provision, when it provides it for the purpose of obtaining licenses, permits, authorizations, registrations, or any other acts of authority.

Article 83.- The information referred to in the foregoing Article shall be contained in documents, electronic or magnetic media, optical discs, microfilms, films or other similar instruments.

Article 84.- The person who saves an industrial secret may transmit it or authorize its use to a third party. The authorized user shall have the obligation not to disclose the industrial secret by any means.

In the conventions for which technical expertise, technical assistance, provision of basic or detailed engineering are transmitted, confidentiality clauses may be established for to protect the industrial secrets which they cover, which must specify the aspects which they cover as confidential.

Article 85.- All that person who, on the occasion of their work, employment, position, position, performance of their profession or business relationship, has access to an industrial secret of the the person who has been prevented from doing so must refrain from disclosing it without cause and without the consent of the person who has kept such a secret, or of his authorized user.

Article 86.- The natural or moral person who contracts a worker who is working or has worked or a professional, adviser or consultant who provides or has lent his or her services for another person, in order to obtain industrial secrets from the person, will be liable for the payment of damages and damages that will cause the person.

It will also be responsible for the payment of damages and damages to the natural or moral person who, by any illicit means, obtain information that includes an industrial secret.

Item 86 BIS.- The information required by the special laws to determine the safety and efficacy of chemicals and agrochemicals using new chemical components will be protected under the terms of the treaties. of which Mexico is a party.

Item 86 BIS 1.- In any judicial or administrative proceedings in which one of the persons concerned is required to disclose an industrial secret, the authority he knows must take the necessary measures to prevent its disclosure to third parties to the dispute.

No data subject, in any case, may disclose or use the industrial secret referred to in the preceding paragraph.

TITLE FOURTH

Of Trademarks and Commercial Names

Chapter I

Of Marks

Article 87.- Industrialists, traders or service providers may make use of trademarks in industry, in trade or in the services they provide. However, the right to its exclusive use is obtained by registering it with the Institute.

Article 88.- It is understood by mark to any visible sign that it distinguishes products or services from others of its own kind or class on the market.

Article 89.- They can be a mark of the following signs:

I.- Visible, sufficiently distinctive names and figures likely to identify the products or services to which they apply or are intended to be applied, against those of their own species or class;

II.- Three-dimensional shapes;

III.- Commercial names and social names or reasons, provided that they are not included in the following article; and

IV.- The name of a natural person, as long as it is not confused with a registered trademark or a published trade name.

Item 90.- They will not be recordable as a mark:

I.- Animated or changing three-dimensional denominations, figures, or shapes that are dynamically expressed, even if they are visible;

II.- The technical or commonly used names of the products or services intended to be covered by the mark, as well as those words which, in the language of the current language or in the commercial practices, have become the usual or generic designation of the same;

III.- Three-dimensional forms which are of the public domain or which have been made of common use and those which lack originality which easily distinguish them, as well as the usual and current form of products or those imposed by their nature or industrial function;

IV.- Three-dimensional denominations, figures or shapes that, considering all of their characteristics, are descriptive of the products or services they treat protect yourself as a brand. In the preceding case, the words descriptive or indicative which in the trade serve to designate the species, quality, quantity, composition, destination, value, place of origin of the products or the time of production are included;

V.- Isolated letters, digits or colors, unless they are combined or accompanied by elements such as signs, designs, or denominations, that give them a character flag.

VI.- Translation into other languages, whimsical spelling variation or artificial construction of non-recordable words;

VII.- Those that reproduce or imitate, without authorization, shields, flags or emblems of any country, state, municipality or equivalent political divisions, as well as the designations, acronyms, symbols or emblems of international, governmental, non-governmental organisations or any other officially recognised organisation, as well as the verbal designation of such organisations;

VIII.- Those that reproduce or imitate official control and warranty signs or stamps adopted by a state, without authorization from the competent authority, or coins, banknotes bank, commemorative coins or any official means of national or foreign payment;

IX.- Those who reproduce or imitate the names or graphic representation of decorations, medals or other prizes obtained at exhibitions, fairs, congresses, cultural or sporting events, officially recognized;

X.- Geographical denominations, own or common, and maps, as well as people, names and adjectives, when they indicate the origin of the products or services and may cause confusion or error as to their origin;

XI.- The names of populations or places that are characterized by the manufacture of certain products, to protect these, except the names of places of particular property, when they are special and unmistakable and have the consent from the owner;

XII.- Names, pseudonyms, signatures and portraits of persons, without the consent of the persons concerned or, if they have died, in their order, of the spouse, relatives consanguineos online straight and by adoption, and collateral, both up to the fourth grade;

XIII.- The titles of intellectual or artistic works, as well as titles of periodicals and periodicals, fictional or symbolic characters, human characters of characterisation, artistic names and names of artistic groups, unless expressly authorized by the holder of the right;

XIV.- Denominations, figures or three-dimensional forms, which may be misleading or misleading to the public, such as those which constitute false indications of the nature, components or qualities of the products or services that you intend to protect;

XV. The denominations, figures or three-dimensional forms, equal or similar to a mark that the Institute considers or has declared known to be known in Mexico, to be applied to any product or service.

This impediment will proceed in any case where the use of the mark whose registration is requested:

a) Could create confusion or an association risk with the well-known brand owner; or

b) Could constitute an advantage not authorized by the owner of the well-known brand;

c) Could cause the unprestige of the well-known brand; or

d) Could dilute the distinctive character of the well-known brand.

This impairment shall not be applicable when the registrant is the holder of the well-known mark, and

XV bis. Three-dimensional, equal or similar denominations, figures or forms of confusion to a mark that the Institute considers or has declared famous in terms of Chapter II BIS, to be applied to any product or service.

This impediment will not apply when the registrant is a trademark holder.

XVI.- A mark that is identical or similar in degree of confusion to another in the process of registration presented before or to a registered and valid, applied to the same or similar products or services. However, if a trade mark may be registered which is identical to a trade mark already registered, if the application is made by the same holder, in order to apply it to similar products or services, and

XVII.- A mark that is identical or similar in degree of confusion, to a trade name applied to an enterprise or an industrial, commercial or service establishment, whose (a) the production or sale of the goods or the provision of the services intended to be covered by the trade mark, and provided that the trade name has been used before the date of filing of the application for a registration of the mark or the registration of the trade mark. The above shall not apply, where the trademark application is filed by the trade name holder, if there is no other identical trade name that has been published.

Item 91.- It may not be used or formed part of the trade name, denomination or social reason of any establishment or moral person, a registered trademark or a similar degree of confusion to another previously registered trademark, when:

I.- Whether or not establishments or moral persons whose activity is the production, import or marketing of goods or services equal to or similar to those applied by the registered mark, and

II.- There is no written consent from the trademark holder or who has the authority to do so.

The violation of this precept will result in the application of the sanctions referred to in this Law, regardless of the fact that the deletion of the mark can be prosecuted judicially. registered or similar in degree of confusion to the previously registered trade name, the name or the corresponding social name and the payment of damages.

The provisions of this provision shall not apply where the trade name, name or social reason has included the trade mark prior to the date of filing or first declared use of the registered mark.

Article 92.- The registration of a mark will have no effect against:

I.- A third party who in good faith exploited on national territory the same or similar mark in degree of confusion, for the same or similar products or services, as long as the third party would have started to use the trademark, in an uninterrupted manner, before the filing date of the registration application or the first use declared in it. The third party shall be entitled to apply for registration of the mark, within three years of the date on which the registration was published, in which case it shall deal with and obtain the declaration of invalidity of the registration in advance.

II.- Any person marketing, distributing, acquiring or using the product to which the registered trademark applies, after that product has been lawfully entered into the trade by the registered trademark holder or by the person to who has granted you a license.

In this case, the import of the legitimate products to which the trademark applies, which any person for use, distribution or marketing in Mexico, applies in the terms and conditions that point to the regulation of this law, and

III.- A natural or moral person who applies his name, name or social reason to the products he or she produces or distributes to the services he or she presents, or to his or her establishments, or use it as part of your business name, provided that you apply it in the way you are used to using it and that it has characters that clearly distinguish it from a namesake already registered as a brand name or published as a name commercial.

The performance of any activity referred to in this Article shall not constitute an administrative offence or offence under the terms of this Act.

Item 93.- The marks will be registered in relation to products or services determined according to the classification established by the regulation of this Law.

Any doubt regarding the class to which a product or service corresponds, will ultimately be settled by the Institute.

Article 94.- After registration of a mark, the number of products or services that you protect cannot be increased, even if they belong to the same class, but you can be limited to certain products or services as many times as requested.

To later protect a different product or service with an already registered trademark, it will be necessary to obtain a new record.

Article 95.- The trademark registration shall be valid for ten years from the filing date of the application and may be renewed for periods of the same duration.

Chapter II

From Collective Marks

Item 96.- The legally constituted associations or companies of producers, manufacturers, traders or service providers may apply for the registration of a collective mark to distinguish, on the market, the products or services of their members in respect of third party products or services.

Item 97.- With the collective mark application the rules for their use must be presented.

Article 98.- The collective mark may not be transmitted to third parties and its use shall be reserved for the members of the association.

The collective marks will be governed, in which there is no special provision, as established in this Law for trademarks.

CHAPTER II BIS.

Of the Well-known And Famous Brands.

Article 98 bis. For the purposes of your estimate or statement by the Institute, you will understand that a brand is notoriously known in Mexico, when a sector determined from the public or from the country's business circles, knows the mark as a consequence of the commercial activities developed in Mexico or abroad by a person who employs that brand in relation to with their products or services or, as a result of the promotion or advertise the same.

For the purposes of your estimate or statement by the Institute, a brand is understood to be famous in Mexico, when it is known to the majority of the consumer public.

In order to demonstrate the reputation or reputation of the brand, all the evidence permitted by this Law may be used.

Article 98 bis-1. The declaratory or any of its updates constitute an administrative act by means of which the Institute declares, based on the evidence provided, that the conditions by virtue of which a mark is notoriously known or famous, subsist at the time the act is issued.

The impediments provided for in Article 90 (XV) and (XV) bis, for the protection of well-known or famous marks, shall apply irrespective of the fact that they are registered or declared.

However, in order for the owner of a trademark to obtain a declaration, the trademark must be registered in Mexico and protect the goods or services in which the trademark originated his notoriety or fame.

Article 98 bis-2. For the purposes of obtaining the declaratory of notoriety or fame, the applicant shall provide, inter alia, the following data:

I. The public sector comprised of actual or potential consumers who identify the brand with the products or services that it is amor, based on a market survey or study or any other means permitted by law.

II. Other sectors of the public diverse to actual or potential consumers who identify the brand with the products or services they are amenable to, based on a survey or market study or any other means permitted by law.

III. Business circles integrated by merchants, industrialists, or service providers related to the product or service genre, which identify the brand with the products or services that it is amenable to, based on a market survey or study or any other means permitted by law.

IV. The date of first use of the brand in Mexico and in its case abroad.

V. The time of continuous use of the brand in Mexico and in its case abroad.

VI. The marketing channels in Mexico and abroad.

VII. The media of the brand in Mexico and in its case abroad.

VIII. The effective advertising time of the brand in Mexico and in its case abroad.

IX. The investment made during the last 3 years in advertising or promotion of the brand in Mexico and in its case abroad.

X. The geographical area of effective influence of the brand.

XI. The sales volume of the products or revenue received for the provision of services under the brand, for the last 3 years.

XII. The economic value that the brand represents, in the accounting capital of the company that is the holder of the mark or as an endorsement of the mark.

XIII. The records of the trademark in Mexico and in its case abroad.

XIV. The franchises and licenses that respect the mark have been granted.

XV. The percentage of the mark's participation in the corresponding sector or segment of the market.

Article 98 bis-3. The Institute shall presume, unless otherwise proved, that the conditions which originated the declaratory or its updates, remain for a five-year period from the date of their issue; consequently, during that period, the impediment provided for in Article 90 (XV) or that provided for in the XVa fraction shall be applied as appropriate, in an expeditious manner.

The declaratory may be updated at any time, at the request of the person who has legal interest, provided that it proves that the conditions that gave rise to the date of the respective application.

Article 98 bis-4. The request for a statement of notoriety or fame shall be made in writing with the formalities that for applications and promotions are marked in This Law and its Rules of Procedure, which shall be accompanied by the evidence of the request and where it shall be expressed at least as follows:

I. Name, nationality, address, telephone, fax and e-mail of the applicant and in his case of his/her manager;

II. The mark and record number that corresponds to it, and

III. The documents and evidentiary elements that accompany the request.

Article 98 bis-5. Received the application by the Institute and the payment of the corresponding fees, the examination of the elements, data and documents contributed.

If, in the Institute's judgment, these do not satisfy the legal requirements or are insufficient for the understanding and analysis of any of the elements of the application, the applicant shall be prevented from making the necessary clarifications or additions, giving the effect a four-month period.

If the applicant does not meet the requirement within the given deadline, the request will be discarded.

Article 98 bis-6. Concluded the processing of the application and satisfied the legal and regulatory requirements, the corresponding declaratory shall be issued.

In case the Institute denies the declaration of the declaration, it shall notify the applicant in writing, expressing the legal grounds and grounds of its resolution and value all the evidence received.

Article 98 bis-7. Resolutions on statements of notoriety or fame shall be published in the Gazette.

Article 98 bis-8. Declaratory nullity will proceed:

When granted in contravention of the provisions of this Chapter.

When the evidence supporting the declaratory is false.

When it was granted based on an incorrect assessment of the tests.

When it was granted to anyone who had no right to obtain it.

Administrative declarations of invalidity shall be made by the Institute, at the request of the person who has legal interest and accredit the assumptions on which he or she bases his application.

When the marque records that served as the basis for issuing the declaratory, are nullified, expired or cancelled, the declaratory will lose its evidentiary value.

Article 98 bis-9. For the purposes of its transmission, the declaratory shall be deemed to be tied to the or the trademark records that gave it its origin.

Chapter III

Of Commercial Notices

Item 99.- The exclusive right to use a commercial notice will be obtained by registering with the Institute.

Item 100.- It is considered commercial notice to phrases or sentences intended to advertise to the public commercial, industrial or service establishments or negotiations, products or services, to distinguish them from those of their species.

Item 101.- If the commercial notice is intended to advertise products or services, they must be specified in the registration request.

Article 102.- If the commercial notice is intended to announce any establishment or negotiation, be these of the nature that they force, it shall be deemed to be in a class special, complementary to the classification established by the regulation of this Law. The registration shall not cover products or services in these cases, even if they are related to the establishment or negotiation.

Article 103.- The registration of a commercial notice shall be valid for ten years from the date of filing of the application and may be renewed for periods of the same duration.

Article 104.- Commercial notices will be governed, in which there is no special provision, as set out in this Law for trademarks.

Chapter IV

Of Commercial Names

Article 105.- The business name of an industrial, commercial or service company or establishment and the right to its exclusive use shall be protected, without registration. The protection shall cover the geographical area of the effective clientele of the undertaking or establishment to which the trade name applies and shall extend to the entire Republic if there is a massive and constant spread at the national level of the undertaking.

Article 106.- Who is using a trade name will be able to apply to the Institute for publication in the Gazette. Such publication shall produce the effect of establishing the presumption of good faith in the adoption and use of the trade name.

Article 107.- The application for publication of a trade name shall be submitted in writing to the Institute accompanied by the documents certifying the effective use of the name trade applied to a particular twist.

Item 108.- Received the application and satisfied the legal requirements, the background examination will be carried out in order to determine if there is an identical or similar commercial name in degree of confusion applied to the same twist, in process or published with (a) prior to the registration or to an already registered trademark identical or similar to a degree of confusion which protects the same or similar products or services in connection with the preponderant rotation of the undertaking or establishment concerned. No earlier, the publication will proceed.

Article 109.- No commercial names shall be published that lack elements that distinguish the company or establishment from other than its gender, or those that contravene the provisions of Article 90 of this Law.

Article 110.- The effects of the publication of a trade name shall last ten years from the date of filing of the application and may be renewed for periods of the same duration. If they do not renew, their effects will cease.

Article 111.- On the transfer of an undertaking or establishment, the exclusive right of use of the trade name shall be understood, unless otherwise specified.

Article 112.- The trade name shall be governed in whatever applicable and there is no special provision, as established in this Law for trademarks.

Chapter V

From The Trademark Registry

Item 113.- In order to obtain registration of a mark, a written application must be submitted to the Institute with the following data:

I.- Name, nationality and address of the applicant;

II.- The distinctive sign of the mark, mentioning whether it is nominative, unnominated, three-dimensional, or mixed;

III.- The date of first use of the mark, which may not be subsequently modified, or the mention that it has not been used. In the absence of an indication it shall be presumed that the mark has not been used;

IV.- The products or services to which the brand will be applied, and

V.- The others that prevent the regulation of this Law.

Item 114.- The application for registration of the mark must be accompanied by proof of payment of the fees for the study of the application, registration and issue of the title, as well as the copies of the mark when it is innominated, three-dimensional or mixed.

Item 115.- In copies of the mark which are submitted with the application, no words or legends must appear which may mislead or mislead the public. Where the application is submitted in order to protect an unnominated or three-dimensional mark, the copies of the mark shall not contain words which constitute or may constitute a trade mark, unless expressly included in the application.

Item 116.- In the event that the trademark is requested in the name of two or more persons, the application, the rules on the use, licensing and the transfer of the rights of the mark agreed by the applicants must be submitted.

Article 117.- When applying for a trademark registration in Mexico, within the time limits to be determined by the International Treaties or, failing that, within six months (a) the date of submission of the application in which the application was first made, may be recognised as a priority date in other countries.

Article 118.- To recognize the priority referred to in the previous article, the following requirements must be met:

I.- That when the registration is requested, the priority is claimed and the country of origin and the date of submission of the application in that country are stated;

II.- That the application filed in Mexico does not intend to apply to additional products or services from those referred to in the application filed abroad, in which case the priority will be recognized only to those presented in the country of origin;

III.- That within three months of the filing of the application, the requirements set out in the International Treaties, this Law and its Regulations, and

IV.- (Repeals).

Article 119.- The application will be received, an examination will be carried out in the form of this and the documentation displayed, to check if the requirements that prevent it are met Law and its regulation.

Article 120.- (Repeals).

Item 121.- If at the time of filing the application satisfies the requirements of Articles 113, II and IV, 114, 179 and 180 of this Law, that will be its filing date; otherwise, it will be as such on the day it is fulfilled, within the legal time, with such requirements.

The filing date will determine the ranking between the requests.

The regulation of this Law may determine other means by which applications and promotions may be submitted to the Institute.

Item 122.- The examination of form will be completed, the background examination will be carried out, in order to verify if the mark is registrable in the terms of this Law.

If the application or the documentation displayed does not comply with the legal or regulatory requirements; if there is any impediment to the registration of the mark or if there are any previous ones, the Institute shall communicate it in writing to the applicant by giving him a period of two months to remedy the errors or omissions in which he has incurred and to express what is appropriate to his right in relation to the impediments and the previous cited. If the person concerned does not reply within the time limit, his application shall be deemed to have been abandoned.

Item 122 BIS.- The person concerned shall have an additional period of two months to comply with the requirements referred to in the previous article, without any request and by checking the payment of the fee corresponding to the month in which the application is made.

The additional period shall be counted from the day following the expiry of the two-month period provided for in Article 122 above.

The application shall be abandoned if the applicant fails to comply with the requirements set out within the initial period or in the additional time referred to in this Article, or presents the proof of payment of the corresponding rates.

Article 123.- If, within the period granted, the applicant has replied, in order to remedy the legal impediment of registration, the applicant shall modify or replace the mark, the mark shall be subject to a new processing, and must make the payment of the fee corresponding to a new application and satisfy the requirements of Articles 113 and 114 of this Law and the applicable of its regulations. In this case it will be considered as the filing date when the new procedure is requested.

Article 124.- If the impediment relates to the existence of one or more records of identical or similar marks in degree of confusion on which there is or is present the procedure for nullity, revocation or cancellation, at the request of a party or of an office, the Institute shall suspend the processing of the application until the respective procedure is resolved.

Article 125.- Concluded the processing of the application and satisfied the legal and regulatory requirements, the title will be issued.

In the event that the Institute denies the registration of the mark, it shall communicate it in writing to the applicant, expressing the legal grounds and grounds of its decision.

Article 126.- The Institute will issue a title for each brand, as a record of its record. The title of a copy of the trade mark and on it shall be stated:

I.- The registration number of the mark;

II.- Mark's distinctive sign, mentioning whether it is nominative, innominated, three-dimensional, or mixed;

III.- Products or services to which the brand will be applied;

IV.- Name and address of the holder;

V.- Location of the establishment, if any;

VI.- Dates for the submission of the application; priority recognised and first used, where appropriate; and for issue, and

VII.- Its validity.

Article 127.- Resolutions on trademark registrations and their renewals must be published in the Gazette.

Article 128.- The mark must be used on national territory, as recorded or with modifications that do not alter its distinctive character.

Article 129.- The Institute may declare the registration and compulsory use of marks in any product or service or prohibit or regulate the use of trademarks, registered or otherwise, of trade or at the request of the representative bodies, where:

I.- The use of the trademark is an element associated with monopolistic, oligopolistic or unfair competition practices that cause serious distortions in the production, distribution or marketing of certain products or services;

II.- The use of the brand prevents the effective distribution, production or marketing of goods and services, and

III.- The use of trademarks prevents, hinders, or increases in cases of national emergency, and for the duration, production, provision or distribution of basic goods or services for the population.

The corresponding declaratory will be published in the Official Journal.

Article 130.- If a mark is not used for three consecutive years in the goods or services for which it was registered, it shall expire on its registration, unless its the holder or the user who has granted registered license would have used it during the three consecutive years prior to the filing of the application for an administrative declaration of expiration, or that there are circumstances that have arisen irrespective of the will of the proprietor of the trade mark constituting a obstacle to the use of the same, such as import restrictions or other governmental requirements applicable to goods or services to which the mark is applied.

Article 131.- The display of the legend "trademark", the acronym "M.R." or the symbol ®, may only be made in the case of the goods or services for which the trademark is registered.

Article 132.- (Repeals).

Article 133.- The renewal of the registration of a mark shall be requested by the holder within six months before the expiration of its validity. However, the Institute shall process those applications which are submitted within a period of six months following the termination of the validity of the registration. If this deadline is expired without the renewal application being submitted, the registration will expire.

Article 134.- The renewal of the registration of a mark will only proceed if the person concerned presents the proof of payment of the corresponding and manifest fee, in writing and under protest to tell the truth, to use the mark on at least one of the products or services to which it applies and not to have interrupted such use for a period equal to or greater than that referred to in Article 130 of this Law, without justified cause.

Article 135.- If the same mark is registered to protect certain products or services, it will be sufficient for the renewal in any of those records to proceed. their use will have an effect and benefit all records upon presentation of the proof of payment of the corresponding fees.

Chapter VI

From Licensing and Rights Transmission

Article 136.- The holder of a registered or pending trademark may grant, by agreement, a license of use to one or more persons, in relation to all or some of the products or services to which the trade mark applies. The licence must be registered with the Institute for the purpose of producing effects on the detriment of third parties.

Article 137.- To register a license at the Institute it will be sufficient to make the corresponding application in the terms that the regulation of this Law establishes.

The registration of rights for two or more pending applications or two or more trademarks may be requested by a single promotion when the licensor and the licensee is the same in all of them. The applicant shall identify each of the applications, or records in which the registration is to be made. The corresponding fees will be paid based on the number of requests, or records involved.

Article 138.- The cancellation of the registration of a license will proceed in the following cases:

I.- When the trademark holder is jointly requested by the user and the user to whom the license is granted;

II.- For the nullity, expiration or cancellation of the trademark registration, or when dealing with pending marks and not obtaining the registration thereof, and

III.- By court order.

Article 139.- The products sold or the services provided by the user must be of the same quality as those manufactured or provided by the owner of the trademark. In addition, those products or the establishment where the services are provided or contracted, must indicate the name of the user and other data that the regulation of this Law prevents.

Article 140.- The person who has granted a registered license at the Institute, unless otherwise stipulated, will have the right to exercise legal actions of protection of the rights on the mark, as if it were the owner himself.

Article 141.- The use of the trademark by the user who is granted a registered license at the Institute shall be deemed to be carried out by the owner of the trademark.

Article 142.- There will be relief, when with the license to use a trademark, given in writing, technical knowledge is passed on or assistance is provided technical, so that the person to whom he is granted can produce or sell goods or provide services in a uniform manner and with the operational, commercial and administrative methods established by the owner of the trademark, which are intended to maintain the quality, prestige and image of the products or services to which it distinguishes.

Who grants a franchise must provide to the person who intends to grant it, at least 30 days prior to the conclusion of the respective contract, the relative information about the state that your company is saving, in terms of the rules of this Law.

The lack of veracity in the information referred to in the preceding paragraph will entitle the franchisee, in addition to requiring the nullity of the contract, to demand payment of the the damage caused to it by the non-compliance. This right may be exercised by the franchisee for one year from the conclusion of the contract. After the expiry of this period, you will only be entitled to demand the nullity of the contract.

The provisions of this chapter will apply to the registration of the franchise.

Article 142 Bis.- The franchise contract must be in writing and must contain at least the following requirements:

I. The geographical area in which the franchisee will perform the activities under the contract;

II. The location, minimum size and characteristics of the infrastructure investments, in respect of the establishment in which the franchisee will exercise the activities derived from the subject of the contract;

III. The inventory, marketing and advertising policies, as well as the provisions regarding the supply of goods and procurement with suppliers, in the the case that they are applicable;

IV. The policies, procedures and deadlines relating to reimbursements, financing and other consideration by the parties on the terms agreed upon the contract;

V. The criteria and methods applicable to the determination of the utility margins and/or commissions of the franchisors;

VI. The characteristics of the technical and operational training of the franchisee's staff, as well as the method or manner in which the franchisor will grant technical assistance;

VII. The criteria, methods and procedures for monitoring, reporting, evaluating and rating the performance, as well as the quality of the services in charge of the franchisor and franchisee;

VIII. Set the terms and conditions for sub-franchisee, in case the parties so agree;

IX. The causes for the termination of the franchise contract;

X. The assumptions under which the terms or conditions relating to the franchise agreement may be reviewed and, where appropriate, modified by common agreement;

XI. There shall be no obligation on the franchisee to dispose of its assets to the franchisor or to whom it designates at the end of the contract, unless otherwise agreed, and

XII. There shall be no obligation on the franchisee to dispose of or transmit to the franchisor at any time, the shares of its company or to make it a member of the franchisee, unless otherwise agreed.

This article shall be subject, as appropriate, to the provisions of the Rules of Procedure of this Law.

Article 142 Bis 1.- The franchisor may have interference in the organization and operation of the franchisee, only to ensure compliance with the administration and image standards of the franchise as set out in the contract.

The franchisor shall not be deemed to have interference in cases of merger, division, transformation, modification of statutes, transmission or lien of social parties or shares of the franchisee, where the personal characteristics of the franchisee who have been provided for in the respective contract are modified as a determining factor of the franchisee's willingness to conclude the contract with the said franchisee. Franchisee.

Article 142 Bis 2.- The franchisee must save during the term of the contract and, upon completion of the contract, the confidentiality of the information it has such a character, or of which it has been known and which is the property of the franchisor, as well as of the operations and activities held under the contract.

Article 142 Bis 3.- The franchisor and the franchisee may not terminate or unilaterally terminate the contract unless the contract has been agreed for indefinite time, or, there is a fair cause for it. In order for the franchisee or the franchisee to terminate the contract in advance, whether this happens by mutual agreement or termination, they must conform to the causes and procedures agreed upon in the contract.

In case of violations of the foregoing paragraph, the early termination of the franchisor or franchisee will result in the payment of the penalties (a) a contract which would have been agreed upon in the contract, or in its place to the compensation for damages caused.

Article 143.- The rights deriving from a trademark application or those conferring a registered trademark may be taxed or transmitted on the terms and with the formalities laid down by common legislation. Such a charge or transfer of rights must be registered with the Institute, in accordance with the provisions of the law of this Law, so that it can produce effects on the detriment of third parties.

The registration of transfers of the ownership of two or more pending applications or two or more trademarks may be requested by a single promotion Transfer and whoever acquires are the same people in all of them. The applicant shall identify each of the applications or records in which the registration is to be made. The corresponding fees will be paid based on the number of requests, or records involved.

Article 144.- When the merger of moral persons is understood to be understood to exist a transmission of the rights on registered trademarks, unless otherwise stipulated.

Article 145.- For the purposes of its transmission, records of the marks of the same holder shall be considered to be linked, where such marks are identical and are similar to those of the same holder. products or services, or are similar in degree of confusion and apply to the same or similar products or services.

Article 146.- When the holder of records for two or more marks is considered to be in no confusion in the event that one of them is used by another person, for the goods or services to which the trade mark applies, may request that the imposed league be dissolved. The Institute shall, in the final analysis, decide as appropriate.

Article 147.- Only the transmission of any of the linked marks will be recorded, when all of them are transferred to the same person.

Article 148.- When applying for registration of any registered or pending trademark transmission over which there have been previous non-registered transmissions, also must be registered with the Institute.

Article 149.- (Repeals).

Article 150.- The Institute will deny registration of a license or transmission of rights when registration of the trademark is not in effect.

Chapter VII

Of Nullity, Expiration, and Cancellation of Record

Item 151.- The record of a mark will be null when:

I.- It has been granted in contravention of the provisions of this Act or that which had been in force at the time of its registration.

Notwithstanding the provisions of this fraction, the action of nullity may not be based on the challenge of the legal representation of the registrant of the trademark;

II.- The mark is identical or similar in degree of confusion to another that has been used in the country or abroad prior to the filing date of the application. the registered trade mark and apply to the same or similar goods or services, provided that the person who makes the best use of the trade mark claims to have used a trademark uninterruptedly in the country or abroad before the date of presentation or, where appropriate, of the date of first use declared by the registry;

III.- The record would have been granted based on false data contained in your request;

IV.- It has been granted in error, inwarning, or difference of appreciation, existing in effect another that is considered to be invaded, because it is a brand that is equal or similar in degree of confusion and which applies to equal or similar services or products; and

V.- The agent, representative, user, or distributor of a registered trademark holder abroad, request and obtain the registration to his or her name from this or another similar in degree of confusion, without the express consent of the holder of the foreign trade mark. In this case the registration shall be deemed to have been obtained in bad faith.

The actions for annulment arising from this Article may be exercised within a period of five years from the date on which the publication of the registration in the Gazette, except those relating to fractions I and V which may be exercised at any time and to the fraction II which may be exercised within three years.

Item 152.- The record will expire in the following cases:

I.- When it is not renewed in the terms of this Act, and

II.- When the mark is no longer used for the three consecutive years prior to the application for an administrative declaration of expiration, unless there is cause justified in the Institute's judgment.

Article 153.- The cancellation of the registration of a mark, if its owner has caused or tolerated it to be transformed into a generic denomination corresponding to one or more of the goods or services for which it was registered, so that, in the commercial media and in the general use by the public, the mark has lost its distinctive character, as a means of distinguishing the product or service to be applied.

Article 154.- The owner of a registered trademark may request in writing, at any time, the cancellation of its registration. The Institute may require the ratification of the signature of the application, in the cases established by the law of this Law.

Article 155.- The declaration of nullity, revocation or cancellation of the registration of a mark, shall be done administratively by the Institute of Trade, at the request of a party or of the Federal Public Ministry, when the Federation has some interest. The expiry date referred to in Article 152 (I) of this Law shall not require an administrative declaration by the Institute.

TITLE FIFTH

From The Designation of Source

Chapter I

From Protection to the Designation of Origin

Article 156.- It is understood by name of origin, the name of a geographical region of the country that serves to designate a product originating from the same, and whose quality or The characteristics of the characteristic are exclusively due to the geographical environment, which includes natural and human factors.

Article 157.- The protection that this Law grants to the appellations of origin is initiated with the declaration that the Institute has the effect. The illegal use of the same will be sanctioned, including cases where it is accompanied by indications such as "gender", "type", "manner", "imitation", or similar ones that create confusion in the consumer or involve unfair competition.

Article 158.- The declaration of protection of a designation of origin shall be made on its own initiative or at the request of the person who proves to have legal interest. For the purposes of this article it is considered that they have legal interest:

I.- The natural or moral persons directly engaged in the extraction, production or manufacture of the product or products intended to be covered by the designation of origin;

II.- The manufacturers or producers ' chambers or associations, and

III.- The dependencies or entities of the federal government and the governments of the entities of the Federation.

Article 159.- The application for a declaration of protection to a designation of origin shall be made in writing, which shall be accompanied by the proof of the request and in which the following shall be expressed:

I.- Name, address and nationality of the applicant. If he is a moral person, he must also point out his nature and the activities to which he is engaged;

II.- Legal interest of the applicant;

III.- The naming of the source denomination;

IV.- Detailed description of the finished product (s) that will cover the denomination, including its characteristics, components, extraction form, and production or processing processes. When determining the relationship between the name and the product, the official rules laid down by the Secretariat of the Economy to which the product, its extraction method, its manufacturing processes must be attached shall be indicated. or production and its modes of packaging, packaging or packaging;

V.- Place or places of extraction, production or production of the product concerned with the protection of the designation of origin and the delimitation of the territory of origin, taking into account geographical characteristics and political divisions;

VI.- Detailed indication of the links between denomination, product and territory, and

VII.- The others deemed necessary or relevant by the applicant.

Article 160.- The application by the Institute and the payment of the corresponding fees shall be received, the examination of the data and documents provided.

If, in the Institute's judgment, the submitted documents do not satisfy the legal requirements or are insufficient for the understanding and analysis of any of the elements of the request, the applicant shall be required to make the necessary clarifications or additions, giving the effect a period of two months.

If the applicant does not comply with the requirement within the given time limit, the application will be considered abandoned, but the Institute may continue its processing in the terms of this Chapter if deemed relevant.

Article 161.- When the submitted documents satisfy the legal requirements, the Institute shall publish an extract of the application in the Official Journal.

If the procedure is initiated ex officio, the Institute shall publish in the Official Journal an extract of the particulars and requirements laid down in fractions III to VII of Article 159 of this Law.

In both cases the Institute will grant a period of two months, counted from the date of publication so that any third party that justifies its legal interest, makes observations or objections and provide any evidence that it deems relevant.

Article 162.- For the purposes of this chapter, all kinds of evidence shall be admitted with the exception of the confessional and testimonial. The expert shall correspond to the Institute or to whom it designates. The Institute may, before the declaration, carry out any investigations it considers relevant and make up the elements it deems necessary.

Article 163.- After the period referred to in Article 161 of this Law, the studies carried out and the tests have been drowned out, the Institute shall dictate the corresponds.

Article 164.- If the resolution referred to in the previous article grants the protection of the appellation of origin, the Institute shall make the declaratory and proceed to its publication in the Official Journal. The declaration by the Institute which grants protection to a designation of origin shall determine in short the elements and requirements laid down in Article 159 of this Law.

Article 165.- The validity of the declaration of protection of a designation of origin will be determined by the subsistence of the conditions that motivated it and will only leave to have effects on another statement by the Institute.

Article 166.- The terms of the declaration of protection to a designation of origin may be modified at any time, on its own initiative or at the request of an interested party, in accordance with the procedure laid down in this Chapter. The relative application must express the requirements of the sections I to III of article 159 of this Law, and a detailed statement of the modifications that are requested and the causes that motivate them.

Article 167.- The Mexican State shall be the holder of the designation of origin. It may only be used by authorization issued by the Institute.

Article 168.- The Institute, through the Foreign Relations Institute, will process the registration of designations of origin that have been the subject of a declaration of protection under the terms of this Law, in order to obtain recognition abroad in accordance with the International Treaties.

Chapter II

From authorization to use

Article 169.- The authorization to use a designation of origin must be applied for before the Institute and any natural or moral person who complies with the following requirements:

I.- That is directly dedicated to the extraction, production or processing of the products protected by the appellation of origin;

II.- To perform such activity within the territory determined in the declaration;

III.- That complies with the official rules established by the Economy Secretariat in accordance with applicable laws, with respect to the products in question, and

IV.- The others who point out the statement.

Article 170.- The request to obtain an authorization of use of the appellation of origin must contain the data and be accompanied by the documents that are pointed out in the Regulation of this Law.

Article 171.- Upon receipt of the application for authorization of use of a designation of origin, the Institute shall proceed under the terms provided for in Article 160 of this Law and in If the legal requirements are satisfied, they will be granted.

Article 172.- The effects of the authorization to use a designation of origin will last ten years, counted from the date of filing of the application at the Institute, and may be renewed for equal periods.

Article 173.- The user of a designation of origin is required to use it as protected in the declaration. If you do not use it in the established form, you will cancel the authorization.

Article 174.- The right to use a designation of origin may be transmitted by the authorized user in the terms of the common legislation. Such transmission shall only take effect from its registration with the Institute, after verification that the new user complies with the conditions and requirements set out in this Law to obtain the right to use the designation of origin.

Article 175.- The authorized user of a designation of origin may in turn, by convention, permit the use of this, only those who distribute or sell the products of its brands. The Convention shall be sanctioned by the Institute and shall have effect from its registration.

The agreement shall contain a clause establishing the obligation of the distributor or marketer to comply with the requirements laid down in fractions III and IV of the Article 169 and those provided for in the Regulation. If the dealer or marketer does not comply with this obligation, the registration will be cancelled.

Article 176.- The user authorization of a source name will no longer have effects by:

I.- Nullity, in any of the following cases:

a) When granted in contravention of the provisions of this Act;

b) When granted on the basis of false data and documents;

II.- Cancellation, when the authorized user uses the designation of origin differently than that set in the protection declaration;

III.- By termination of its validity.

Article 177.- The administrative declarations of nullity and cancellation shall be made by the Institute, on its own initiative, at the request of a party or of the Federal Public Ministry.

Article 178.- In addition to the publications provided for in this chapter, the following statements and authorizations issued by the Institute shall be published in the Gazette, as well as any act which has the effect of the rights granted in respect of the designation of origin.

TITLE FIFTH BIS

Integrated Circuit Plot Schemes

Article 178 bis.- Integrated circuit layout schemes shall be registered and protected in terms of this Title.   The Institute shall have the following powers:

I.- To process and, where appropriate, grant registration to integrated circuit layout schemes, as well as the registration of their transmissions and licenses for use and exploitation, in the terms of this Law and its regulations;

II.- Sustaining the procedures for administrative declaration of infringement, nullity or expiration, related to the registration of the layout schemas integrated circuits, issue the resolutions corresponding to those procedures and impose the penalties that apply, and

III.- When the parties have not agreed, fix the amount of the royalties referred to in the second paragraph of Article 178 bis 5, second paragraph Title.

Article 178 bis 1.- For the purposes of this Title, it will be considered as:

I.- Integrated circuit: a product, in its final form or in an intermediate form, in which the elements, of which one at least is an active element, and any or all interconnections, form an integral part of the body or surface of a piece of semiconductor material, and which is intended to perform an electronic function;

II.- Plot layout or topography: the three-dimensional arrangement, expressed in any form, of the elements, of which one at least is an element active, and of any or all interconnections of an integrated circuit, or such a three-dimensional arrangement prepared for an integrated circuit to be manufactured;

III.- Protected layout scheme: an integrated circuit layout scheme for which the intended protection conditions have been met Title, and

IV.- Original layout scheme: the integrated circuit layout scheme that is the result of the intellectual effort of its creator and is not customary or common among the creators of layout schemes or the manufacturers of integrated circuits at the time of their creation.

Article 178 bis 2.- The original layout scheme, whether incorporated or not into an integrated circuit, which has not been commercially exploited anywhere in the world, shall be registrable. It shall also be registrable even if it has been commercially exploited in an ordinary manner, in Mexico or abroad, provided that the application for registration is filed with the Institute, within two years of the date on which the Applicant is commercially exploited in ordinary form for the first time anywhere in the world.

A layout scheme that consists of a combination of elements or interconnections that are common or common between the layout schema creators or the Manufacturers of integrated circuits at the time of their creation shall be registrable only if the combination as a whole is considered to be original in the terms of Article 178 (1) (IV) of this Title, and complies with the other conditions indicated in the preceding paragraph.

Article 178 bis 3.- The registration of a layout-design shall be valid for ten years that are unextendable from the date of filing of the application for registration and shall be subject to payment of the corresponding fee.

Article 178 bis 4.- The registration of a layout scheme gives its owner the right to prevent other persons who, without their permission:

I.- Reproduce in full the protected layout scheme, or any of its parts that are considered original by itself in the terms of the IV fraction Article 178 bis 1 of this Law, by incorporation into an integrated circuit or in another form, and

II.- Import, sell, or distribute in any form for commercial purposes:

a) The protected layout schema;

b) An integrated circuit in which a protected layout schema is incorporated, or

c) A good that incorporates an integrated circuit that in turn incorporates an illicitly reproduced protected layout schema.

Article 178 bis 5.- The right which confers the registration of a layout-design shall not produce any effect against any third party which:

I.- Without authorization from the holder, for private purposes or for the sole purpose of evaluation, analysis, research or teaching, reproduce a scheme of protected layout;

II.- Create a layout scheme that meets the requirement of originality, based on the assessment or analysis of a protected layout scheme in the terms of fraction I of this article.

The creator of the second layout-design may carry out any of the acts referred to in the previous article with respect to the layout-design by the created, without the authorisation of the holder of the first protected layout scheme;

III.- Inindependently and prior to publishing the record in the Gazette, you have created an original layout schema identical to the protected layout.

Who tries to override this exception, in an administrative declaration procedure, will have the burden of proof;

IV.- Perform any of the acts referred to in section II of the previous article without the authorization of the holder, after they have been introduced lawfully in trade in Mexico or anywhere in the world by the holder or with his consent, in respect of:

a) A protected layout schema;

b) An integrated circuit that incorporates a protected layout schema, or

c) A good that incorporates an integrated circuit that in turn incorporates a protected layout schema;

V.- Without authorization from the holder, sell or distribute in any form an integrated circuit that incorporates a protected layout scheme reproduced illicitly, provided that the person performing or ordering such acts does not know and has no reasonable grounds to know, by acquiring such an integrated circuit, that it incorporates an illicitly reproduced protected layout scheme.

From the time the third party in good faith receives sufficient notice that the protected layout scheme has been unlawfully reproduced, it shall be obliged to pay of a reasonable royalty which would correspond under a freely negotiated licence, of such a layout scheme, to exhaust the inventory in existence or the orders made prior to the notification.

The performance of any activity referred to in this Article shall not constitute an administrative offence or offence under the terms of this Act.

ARTICLE 178 bis 6.- In addition to the data referred to in Article 38 of this Law, the application for registration must be accompanied by:

I.- The demonstration, in protest of telling the truth, of the date and place of the first ordinary commercial exploitation in some part of the world, or that it has not been exploited;

II.- A graphical or photographic reproduction of the layout scheme, and

III.- The indication of the electronic function performed by the integrated circuit, to which the layout schema is incorporated.

The applicant may exclude parts of the graphic or photographic reproduction relating to the form of manufacture of the integrated circuit, provided that the parts submitted are sufficient to allow identification of the layout scheme.

Article 178 bis 7.- The registration of a layout-design shall be carried out in accordance with the provisions of Articles 34, 35, 38, 38a, 39, 50 and 55 bis to 60 of this Law.

For the transmission or licensing of the rights conferred by a protected layout-design record, the provisions contained in Articles 62 shall apply. to 69 of this Law. The granting of compulsory licenses will not proceed.

Article 178 bis 8.- The registration of a protected layout scheme shall be void where it has been granted in contravention of the provisions of Article 178 bis 2 of this Title, where the provisions of Articles 78 to 81 of this Law are applicable.

Article 178 bis 9.- For the purposes of Article 229 of this Law, protected layout schemes or integrated circuits to which they are incorporated shall bear the letters: "M" or "T", within a circle or framed in some other form; name of the holder, either in full or abbreviated form by means of which it is generally known.

The holder of the registration of a layout scheme may sue third parties who before the granting of such registration have exploited without their consent to the layout-design, provided that such operation has been carried out after the date of submission of the application for registration and the layout-design in question complies with the provisions of the preceding paragraph.

TITLE SIXTH

Of Administrative Procedures

Chapter I

General Rules of Procedures

Article 179.- Any application or promotion directed to the Institute, in accordance with the provisions of this Law and other provisions derived therefrom, shall be submitted in writing and written in Spanish.

Documents that are presented in a different language must be accompanied by their translation into Spanish.

Article 180.- Applications and promotions must be signed by the person concerned or his/her representative and be accompanied by proof of payment of the corresponding fee, if any. Failure to sign the application or promotion will result in its being rejected outright; in the event of a failure to pay the fee, the Institute will require the Promoter, giving it five working days for the only time, to remedy its omission, and only in case the individual does not attend the warning, discard the request or promotion outright.

Article 181.- When requests and promotions are submitted through the president's pipeline, he/she must accredit his/her personality:

I.- By simple power letter subscribed to two witnesses if the mandant is a natural person;

II.- By letter, simple power, signed before two witnesses, when in the case of moral persons, are applications for patents, registrations, or the registration of licenses or their transmissions.

In this case, the power card must show that the person who grants it has the power to do so and the instrument in which they have such powers is cited.

III.- In cases not included in the previous fraction, by means of a public instrument or a power card with ratification of signatures before a notary or broker when it is a Mexican moral person, The legal existence of this and the privileges of the grantor must be credited, and

IV.- In cases not included in section II, by virtue of the applicable law of the place where the treaties are granted or according to the treaties in case the mandant is a foreign moral person. When in the power of faith the legal existence of the moral person in whose name the power is granted, as well as of the right of the grantor to confer it, the validity of the power shall be presumed, unless proof to the contrary.

In each file that is processed, the personality of the applicant or the person to be promoted must be credited; however, a simple copy of the record is sufficient, if the power is is registered in the general register of powers established by the Institute.

To accredit the personality in the trademark registration, collective mark, commercial notice, and trade name publication requests, their subsequent renewals, as well as the registration of the corresponding licenses or transmissions, it will be enough for the president to express in writing in the application, under protest to tell truth, that he has the faculties to carry out the corresponding procedure, as long as he is deal with the same proxy from the start to the completion of the procedure .

If, after the application is submitted, a new representative is involved, the new president must prove the personality that he has in the terms of the present Article.

Article 182.- When a request or promotion is submitted by several persons, it must be designated in the document who of them will be the common representative. If this is not done, the common representative shall be understood to be the first person of the names.

Article 183.- On any request, the applicant shall indicate his address to hear and receive notifications within the national territory and shall inform the Institute any change of the same. In the event that the notice of change of domicile is not given, the notifications shall be made legally in the address that appears in the file.

In the administrative declaration procedures provided for in this law, the final and final decisions given within the procedures, as well as all those given in proceedings in absentia, may be notified to the parties by the institute and by publication in the Gazette, where it has not been possible to do so at the address referred to in the preceding paragraph.

Article 184.- Within the time limits set by this Law in days, only the working persons shall be computed; in the case of terms referring to months or years, the calculation shall be made from date to date, considering even the business days.

The deadlines will start to run the next day of the respective notification. Publications in the Gazette shall have the effect of notification on the date specified in the Gazette itself or, failing that, the day following that in which it is put into circulation.

Article 185.- The patent and registration files in force, as well as those relating to published trade names and designations of origin, will always be open for all types of queries and promotions.

Article 186.- The patent file, utility models and pending industrial designs may only be consulted by the applicant or his or her representative, or persons authorized by it, except where such files are referred to as prior to another applicant or where they are offered as evidence in a procedure of administrative declaration, the measures necessary to preserve the confidentiality.

The staff of the Institute who intervenes in the various procedures that come under this Law and its regulations, will be obliged to keep absolute reservation regarding the content of the The Court of Justice has held that the Court of Justice has held a formal investigation into the law of the Court of Justice of the European Court of Justice. The same obligation shall apply to the staff of public or private bodies who may be aware of such content in support of the Institute in the performance of its duties.

Except for information that is official or required by the judicial authority.

CHAPTER II

The Administrative Declaration Procedure

Article 187.- Applications for administrative declaration of nullity, expiration, cancellation and administrative infringement established by this Law shall be substantiated and resolved with In accordance with the procedure laid down in this Chapter and the formalities provided for by this Law, the Federal Code of Civil Procedure is not to be opposed.

Article 188.- The Institute may initiate the procedure for the administrative declaration of its own office or at the request of those who have a legal interest in its own pretense. Similarly, any person may express in writing to the Institute the existence of grounds for initiating the procedure for the administrative declaration of office, in which case the Institute may consider such information as elements for determine the start of the procedure, if appropriate.

Article 189.- The request for an administrative declaration that is filed must contain the following requirements:

I.- Name of the applicant and, if applicable, his/her representative;

II.- Home to hear and receive notifications;

III.- Name and address of the counterparty or its representative;

IV.- The object of the request, detailing it in clear and precise terms;

V.- The description of the facts, and

VI.- The fundamentals of law.

Article 190.- With the request for an administrative declaration, documents and constances must be presented in originals or duly certified copies. the action is to be founded and the relevant evidence offered. The tests which are subsequently submitted shall not be accepted unless they are overlieutenants. The applicant shall also display the number of simple copies of the application and the documents accompanying it, which are necessary for the transfer to the counterparty.

When a document on the Institute's archives is offered as evidence, it will be sufficient for the applicant to specify the file in which the file is located and to request the issue of the certified copy or, where appropriate, the collation of the simple copy on display and shall request the Institute, with the simple copy of those tests, to place the holder concerned.

Article 191.- If the applicant does not comply with the requirements referred to in Article 189 of this Law or shall not exhibit the copies of the application and the documents which are attached to it, as referred to in Article 190 of this Law, the Institute will require you, for one time, to remedy the omission in which you have incurred or make the necessary clarifications; for this purpose you will be granted a period of eight days, and if the requirement is not met within the given time limit the application will be discarded.

The application will also be discarded for the lack of a document that accredits the personality or when the registration, patent, authorization or publication that is the basis of the action, is not in effect.

Article 192.- In administrative declaration procedures, all manner of evidence shall be permitted, except for the testimonial and confessional, except that the testimony or confession are contained in documentary, as well as those that are contrary to morality and law.

Without prejudice to the foregoing paragraph, for the purposes of this Law, probative value shall be granted to the issued invoices and to the inventories made by the holder or his/her licensee.

Article 192 BIS.- For the verification of facts that may constitute violation of any or some of the rights that this Law protects, or in the declaration procedures The Institute may avail itself of the means of proof it deems necessary.

When the holder concerned or the alleged infringer has submitted sufficient evidence to which they reasonably have access as a basis for their claims and have indicated any The Institute may order the presentation of such evidence, with attachment, where appropriate, to the conditions which guarantee the protection of information and to the conditions which guarantee the protection of the information provided by the Institute. confidential.

When the holder concerned or the alleged infringer deny access to evidence or does not provide relevant evidence under his or her control within a reasonable time, or in a way that impedes the procedure, the Institute may make preliminary and final decisions of a positive or negative nature on the basis of the evidence submitted, including the arguments presented by the person who is adversely affected with the refusal of access to the tests, provided that the tests are granted interested the opportunity to be heard regarding the arguments and evidence presented.

Article 192 BIS 1.- When the subject matter of the patent is a process for obtaining a product, in the procedure of administrative declaration of infringement, the The alleged infringer must prove that the product was manufactured under a different process than patented when:

I.- The product obtained by the patented process is new, and

II.- Exists a significant probability that the product has been manufactured by the patented process and the patent holder has failed, however tried, set the process effectively used.

Article 193.- Admitted the application for administrative declaration of invalidity, revocation and cancellation, the Institute, with the simple copy of the application and the documents which have been accompanied, shall notify the holder concerned, giving the holder a period of one month to express in writing what is appropriate. The procedures for the administrative declaration of infringement shall be as laid down in Articles 209, part IX and 216 of this Law. The notification shall be made at the address indicated by the applicant for the administrative declaration.

Article 194.- When the notification referred to in the previous article by change of address has not been possible, both in the applicant and in the applicant's address The notification shall be made at the expense of the person seeking the action by means of publication in the Official Journal and in a newspaper of the largest circulation in the Republic, for one time only. An extract from the application for an administrative declaration shall be made available in the publication and a period of one month shall be indicated for the holder concerned to express what is appropriate.

Article 195.- In the administrative declaration procedure, no incidents of prior and special pronouncement will be substantiated but will be resolved when the resolution is issued. (a)

Article 196.- When the Institute automatically initiates the administrative declaration procedure, the notification to the affected holder or, where appropriate, the alleged infringer shall be made. at the address indicated in the relevant file and having varied it without giving notice to the Institute, per publication in the terms of Article 194 of this Law.

Article 197.- The letter in which the holder concerned or, if applicable, the alleged infringer formulates his or her manifestations shall contain:

I.- The name of the affected owner or the alleged infringer and, if applicable, of his or her representative;

II.- Address to hear and receive notifications;

III.- Exceptions and defenses;

IV.- The manifestations or objections to each of the points of the request for administrative declaration, and

V.- Fundamentals of entitlement.

For the submission of the written and the offer of evidence, the provisions of Article 190 of this Law shall apply.

Article 198.- When the holder concerned or, as the case may be, the alleged infringer cannot display within the period granted the whole or part of the evidence to be found abroad, you may be granted an additional period of 15 days for submission, provided that you offer them in writing and make the respective statement.

Article 199.- After the deadline for the holder concerned or the alleged infringer to present his or her manifestations and, where appropriate, the extension referred to in the article prior to the examination of the relevant background and de-drowning the evidence which so requires, the administrative decision to be taken shall be given, which shall be notified to the persons concerned at the address referred to in the file or, where appropriate, by publication in the terms of Article 194 of this Law.

In the case of procedures for the administrative declaration of infringement, the sanction shall be imposed in the same resolution, where appropriate.

Article 199 BIS.- In the administrative declaration procedures relating to the violation of any of the rights protected by this Law, the Institute may adopt the following measures:

I.- To order the removal of the circulation or to prevent it, in respect of the goods that infringe the rights of the tutored by this Law;

II.- Order to withdraw from circulation:

a) Objects manufactured or used illegally;

b) Objects, packaging, packaging, packaging, stationery, advertising material, and the like that violate any of the rights protected by this Law;

c) Ads, signs, labels, stationery, and the like that violate any of the rights protected by this Act; and

d) The utensils or instruments intended or used in the manufacture, manufacture or production of any of the items mentioned in points (a), (b) and (c)

;

III.- Prohibit, immediately, the marketing or use of the products with which a right of those protected by this law is violated;

IV.- Order the insurance of goods, as it will be practiced in accordance with the provisions of Articles 211 to 212 BIS 2;

V.- Order the alleged infringer or third parties to suspend or cease acts that constitute a violation of the provisions of this Law, and

VI.- Order to suspend service delivery or to close the establishment when the measures provided for in the previous fractions are not sufficient to prevent or prevent the violation of the rights protected by this Law.

If the product or service is in the trade, traders or providers shall have an obligation to refrain from their disposal or disposal from the date on which they are notify the resolution.

The same obligation will have the producers, manufacturers, importers and their distributors, who will be responsible for immediately recovering the products that are already in the trade.

Article 199 BIS 1.- To determine the practice of the measures referred to in the previous article, the Institute shall require the applicant to:

I. Accredit to be the right holder and any of the following assumptions:

a) The existence of a violation of your right;

b) That violation of your right is imminent;

c) The existence of the possibility of irreparable damage, and

d) The existence of founded fear that the tests will be destroyed, hidden, lost, or altered.

II. Grant sufficient bail to respond to any damages that may be caused to the person against whom the measure was requested, and

III. Provide the necessary information for the identification of the goods, services or establishments with which the violation of the industrial property rights is committed.

The person against whom the measure has been adopted may exhibit a counterclaim in order to respond to the damages caused to the applicant of the measure, in order to obtain its lift.

The Institute shall take into consideration the seriousness of the infringement and the nature of the measure requested to take the action.

In order to determine the amount of the security, the Institute shall take into consideration the elements provided by the holder of the right, as well as those resulting from the actions in the file. The amount of the counterbalance shall comprise the amount secured by the applicant for the measures and an additional amount of forty per cent on which it has been displayed for the security.

The Institute may require the applicant to extend the bail, where it is apparent from the practice of the measures that the grant is not initially sufficient to respond to the damages which may be caused to the person against whom the measure has been applied for. In the same sense, the Institute may order the increase of the counterbalance.

Article 199 BIS 2.- The person against whom one of the measures referred to in Article 199 BIS of this Law has been ordered, shall have a period of ten days to submit to the Institute any comments on that measure.

The Institute may amend the terms of the measure that has been adopted by taking into consideration the observations submitted to it.

Article 199 BIS 3.- The applicant for the provisional measures referred to in Article 199 BIS shall be responsible for the payment of damages caused to the person in question. against whom they would have been executed when:

I. The final resolution that would have been established on the merits of the dispute states that there was no violation or threat of violation of the rights of the applicant of the measure, and

II. An interim measure has been requested and the application for an administrative declaration of infringement has not been filed with the competent authority or the Institute in respect of the substance of the dispute within a period of time. twenty days counted from the execution of the measure.

Article 199 BIS 4.- The Institute shall make available to the affected the bail or counterbalance that would have been displayed when the declaration procedure is resolved. The administrative violation.

Article 199 BIS 5.- The Institute shall decide on the final decision of the procedure for the administrative declaration of infringement, on the lifting or definition of the measures taken.

Article 199 BIS 6.- In any interim measure, it must be taken care of that it does not serve as a means to violate industrial secrets or to carry out acts that constitute unfair competition.

Article 199 BIS 7.- The applicant may only use the documentation relating to the practice of an interim measure to initiate the corresponding judgment or to display it in the cars of the processes in process, with a prohibition to use it, to disclose it or to communicate it to third parties.

Article 199 BIS 8.- In the infringement administrative declaration procedures, the Institute will seek to reconcile the interests of those involved at all times.

Chapter III

From The Review Facility

Article 200.- The review appeal against the resolution that denies a patent, utility model record, and industrial design, which will be presented by written before the Institute itself within 30 days from the date of notification of the respective decision. The resource shall be accompanied by the documentation certifying its provenance.

Article 201.- Analyzed the arguments set forth in the resource and the documents provided, the Institute shall issue the appropriate resolution, which shall be communicated by written to the appellant.

Article 202.- If the resolution issued by the Institute denies the source of the appeal, it shall be communicated in writing to the appellant and published in the Gazette. Where the judgment is in favour of the appellant, the terms of Article 57 of this Law shall apply.

TITLE SEVENTH

Of Inspection, Infractions and Administrative Sanctions and Offences

Chapter I

From Inspection

Article 203.- To verify compliance with the provisions of this Law and other provisions derived from it, the Institute shall carry out inspection and surveillance, in accordance with the following procedures:

I.- Reporting and Reporting Requirement, and

II.- Inspection visits.

Article 204.- Any person shall be obliged to provide the Institute within a period of 15 days with the reports and data required in writing relating to compliance with the provisions of this Law and other provisions derived from it.

Article 205.- Inspection visits shall be conducted in business days and hours and only by personnel authorized by the Institute, upon identification and display of the respective commission trade.

The Institute may also authorize practice in days and indeft hours in order to avoid the commission of infringements, where such authorization shall be expressed in the office of commission.

The personnel commissioned to the inspection visits may, during the development of the proceedings, take photographs or video footage or collect any other instrument considered admissible as evidence in terms of the Federal Law of Administrative Procedure and the Federal Code of Civil Procedures. The photographs taken, the videos that are filmed and the other instruments obtained in terms of this article, may be used by the Institute as elements with full probative value.

Article 206.- The owners or managers of establishments in which the products are manufactured, stored, distributed, sold or offered for sale provide services, have an obligation to allow access to the commissioned staff to practice inspection visits, provided that the requirements set out in the previous article are met.

If the access of the commissioned staff to the establishments referred to in the previous paragraph is refused or if there is any opposition to the performance of the inspection visit, such a circumstance shall be recorded in the respective minutes and shall be presumed to have been made in accordance with the relevant administrative declaration procedures.

Article 207.- It is understood by inspection visits that they are carried out in the places where products are manufactured, stored, transported, expunged or marketed or in which services are provided, in order to examine the products, the conditions for the provision of services and documents relating to the activity in question.

Article 208.- For any inspection visit, a circumstantial act shall be lifted in the presence of two witnesses proposed by the person with whom the diligence or the inspector had been understood to be practical, if that had been refused to propose them.

If the person with whom the diligence was understood does not sign the act, or refuses to accept a copy of the act, or no witnesses are provided to sign the These circumstances shall be settled in the minutes themselves without affecting their validity and evidentiary value.

Article 209.- The minutes will consist of:

I.- Time, day, month, and year in which diligence is practiced;

II.- Street, number, population and federative entity in which the place where the visit is located is located;

III.- The number and date of the commission trade that prompted it, including the identification of the inspector;

IV.- Name and character of the person with whom the diligence was understood;

V.- Name and address of the persons who served as witnesses, whether they were appointed by the visited or, failing that, by the inspector;

VI.- Mention of the opportunity that was given to the visited to exercise its right to make observations to the inspector during the practice of diligence;

VII.- Data relating to the performance, including the report of any circumstance or fact that you have observed during the practice of the diligence, even if such circumstance or fact is not contained in the points of the inspection report, and the mention of whether photographs have been taken, video footage or other evidence collected during the development of the diligence. Where appropriate, those elements shall be annexed to the relevant act;

VIII.- Statement of the visited, if you wanted to do it;

IX.- Mention of the opportunity that was given to the visited to exercise its right to confirm in writing the observations it would have made at the time of the visit and to do other new to the lifted minutes, within the term of ten days, and

X.- Name and signature of those who intervened in the diligence, including the inspector, and where appropriate, the indication that the visited refused to sign the minutes.

Article 210.- When making observations during the diligence or in writing, the visited will be able to offer evidence in relation to the facts contained in the minutes.

Article 211.- If during the diligence the commission of any of the acts or acts provided for in Articles 213 and 223 is verified, the inspector shall ensure, the precautionary form, the products with which such offences or offences are presumed to be committed, by lifting an inventory of the insured goods, which shall be recorded in the inspection report and shall be designated as depositary for the person in charge or owner of the establishment in which they are located, if this is fixed; if not The products will be concentrated in the Institute.

If these are facts possibly constituting crimes, the Institute will record it in the resolution that it issues.

Article 212.- The lifted record will be copied to the person with whom the due diligence was understood, even if it has been refused to sign it, which will not affect its validity.

Article 212 BIS.- The assurance referred to in Article 211 of this Law may be placed on:

I.- Equipment, instruments, machinery, devices, designs, specifications, plans, manuals, moulds, clises, plates, and in general of any other means employed in the performance of acts or acts considered in this Law as offences or offences;

II.- Books, records, documents, models, samples, labels, stationery, advertising material, invoices, and in general from anyone else that can be inferred from test, and

III.- Goods, products, and any other goods in which the violation of the rights protected by this Law materializes.

Article 212 BIS 1.- In the insurance of goods referred to in the preceding article, the person or institution shall be preferred as a depositary who, under his or her responsibility, designate the requestor of the measure.

Article 212 BIS 2.- In the event that the final resolution on the merits of the dispute states that an administrative infringement has been committed, the Institute shall decide, with an audience of the parties, on the destination of the insured goods, subject to the following rules:

I.- The goods that have been insured will be available to the competent judicial authority as soon as it is notified that the process has been initiated. repair of material damage or the payment of damages;

II.- Pondra shall be at the disposal of the decision to determine the award, in the event that the arbitration procedure is chosen;

III.- It shall, where appropriate, proceed in the terms provided for in the convention which, on the destination of the goods, have concluded the holder concerned and the alleged infringer;

IV.- In cases not included in the above fractions, each interested party shall submit in writing, within five days of the date on which they are given, their proposal on the destination of the insured goods, which would have been withdrawn from circulation, or whose marketing would have been prohibited;

V.- You must give notice to the parties of the proposals submitted, to the effect that, by common agreement, they decide on the destination of these goods and communicate it in writing to the Institute within five days of the date on which they were given a view, and

VI.- If the parties do not express in writing their agreement on the destination of the goods within the time limit granted, or none of the assumptions referred to in the (i) to (iii) above, within 90 days of the final decision being given, the Governing Board of the Institute may decide:

a) The donation of the goods to dependencies and entities of the Federal Public Administration, federal entities, municipalities, public institutions, charities or social security, where the public interest is not affected; or

b) The destruction of the same.

Chapter II

Administrative Sanctions and Infractions

Article 213.- These are administrative violations:

I.- Perform acts contrary to good uses and customs in industry, commerce and services that involve unfair competition and relate to the matter that this Law regulates;

II.- Make those who are not patented appear as patented products. If the patent has expired or was declared void, the infringement shall be incurred after one year of the expiry date or, where applicable, of the date on which the declaration of invalidity is signed;

III.- Put products or services on sale or in circulation, indicating that they are protected by a registered trademark without being registered. If the trademark registration has expired or has been declared null or void, an infringement shall be incurred after one year of the expiry date or, where applicable, of the date on which the corresponding declaration is signed;

IV.- Use a similar mark in degree of confusion to another registered, to protect the same or similar products or services as those protected by the registered one;

V.- Use, without the consent of the holder, a registered trademark or similar degree of confusion as an element of a trade name or a name or a social name; or vice versa, provided that such names, names or social reasons are related to establishments operating with the products or services protected by the trade mark;

VI.- Use, within the geographical area of the effective clientele or in any part of the Republic, in the case provided for by Article 105 of this Law, an identical or similar commercial name in degree of confusion, with another that is already being used by a third party, to protect an industrial, commercial or service establishment of the same or similar rotation;

VII.- Use as marks the names, signs, symbols, acronyms or emblems referred to in Article 4. and fractions VII, VIII, IX, XII, XIII, XIV and XV of Article 90 of this Law;

VIII.- Use a previously registered or similar mark in degree of confusion as a trade name, denomination or social reason or as parts thereof, of a natural person or a moral whose activity is the production, import or marketing of goods or services equal to or similar to those applied by the registered trade mark, without the consent, expressed in writing, of the proprietor of the trade mark or of the person who has the power to do so;

IX.- Carry out, in the exercise of industrial or commercial activities, acts that cause or induce the public to confusion, error or deception, by making the public believe or suppose infundently:

a).- The existence of a relationship or association between an establishment and that of a third party;

b).- That products are manufactured under specifications, licenses, or authorization from a third party;

c).- That services are provided or products are sold under authorization, licenses, or specifications from a third party;

d) That the product in question comes from a territory, region or locality other than the true place of origin, so that it causes the public to mislead as to the origin product geographic;

X.- Attempt or achieve the purpose of discrediting products, services, industrial or commercial activity or the establishment of another. The comparison of goods or services that the mark protects against the purpose of informing the public shall not be included in this provision, provided that such comparison is not biased, false or exaggerated in the terms of the Federal Law of Consumer protection;

XI.- Manufacture or manufacture of products covered by a patent or by a registration of a utility model or industrial design, without the consent of the holder or without the license respective;

XII.- Offer for sale or put into circulation products covered by a patent or by a utility model record or industrial design, knowing that they were manufactured or made without the consent of the owner of the patent or registration or without the respective license;

XIII.- Use patented processes, without the consent of the patent holder or without the respective license;

XIV.- To offer for sale or to put into circulation products that are the result of the use of patented processes, knowing that they were used without the consent of the the owner of the patent or who has an operating licence;

XV.- Play or mimic industrial designs protected by a record, without the consent of its holder or without the respective license;

XVI.- Use a registered commercial notice or a similar one in degree of confusion, without the consent of its owner or without the respective license to advertise goods, services or establishments equal to or similar to which the notice applies;

XVII.- Use a trade name or similar in degree of confusion, without the consent of the owner or the respective license, to protect an industrial establishment, trade or services of the same or similar rotation;

XVIII.- Use a registered trademark, without the consent of its holder or without the respective license, in products or services equal to or similar to those that the trademark applies;

XIX.- Offering for sale or putting into circulation products equal to or similar to those applied by a registered trademark, knowing that it was used without consent of its holder;

XX.- Offer for sale or put into circulation products to which a trademark that has been altered applies;

XXI.- Offer for sale or put into circulation products to which a registered trademark is applied, after having altered, replaced or partially or completely deleted it;

XXII.- Use without a corresponding authorization or license a designation of origin;

XXIII.- Play a protected layout scheme, without the authorization of the holder of the registration, in its entirety or any part that is considered original by itself, by incorporation in an integrated circuit or in another form;

XXIV. Import, sell or distribute in contravention of the provisions of this Law, without the authorization of the holder of the registration, in any form for purposes commercial:

a) A protected layout schema;

b) An integrated circuit in which a protected layout schema is embedded, or

c) A good that incorporates an integrated circuit that in turn incorporates an illicitly reproduced protected layout schema;

XXV. Failure to provide the franchisee with the information referred to in Article 142 of this Law, provided that the time limit has elapsed for this and that required;

XXVI.- Use the combination of distinctive signs, operating and image elements, to identify similar or similar products or services to the extent of confusion to others protected by this Law and that by its use cause or induce the public to confusion, error or deception, to make believe or suppose the existence of a relationship between the holder of the protected rights and the unauthorized user. The use of such operating and imaging elements in the manner indicated constitutes unfair competition in the terms of the fraction I of this same article;

XXVII. Where the holder of a patent or his licensee, user or distributor, initiates infringement proceedings against one or more third parties, once the Institute has determined, in an earlier administrative procedure that it has caused enforcement, the non-existence of the same violation;

XXVIII. Prevent access to the commissioned personnel to practice inspection visits, in terms of the provisions of Article 206 of this Law;

XXIX. Do not provide information, without justification, and data to the Institute when it requires them to exercise the attribution provided for in Article 203 (I), and

XXX. Other violations of the provisions of this Law that do not constitute crimes.

Article 214.- Administrative infractions to this Law or other provisions derived from it, shall be sanctioned with:

I.- Multa up to the amount of twenty thousand days of general minimum wage in force in the Federal District;

II.- Additional fines up to the amount of five hundred days of general minimum wage in force in the Federal District for each day the infringement persists;

III.- Temporary closure for up to ninety days;

IV.- Final closure;

V.- Administrative arrest for up to 36 hours.

Article 215.- The investigation of the administrative violations shall be carried out by the Institute of Trade or at the request of an interested party.

Article 216.- In the event that the nature of the administrative infringement does not merit an inspection visit, the Institute shall be transferred to the alleged infringer, with the elements and evidence supporting the alleged infringement, giving it a period of 10 days to state what is appropriate and to present the evidence in question.

Article 217.- After the end of the period referred to in Articles 209, fraction IX and 216 of this Law, the Institute based on the inspection report lifted, and if not required by the nature of the infringement, with the elements in the file, and taking into account the statements and evidence of the data subject, shall give the appropriate resolution.

Article 218.- In cases of recidivism, the fines imposed above will be doubled, without the amount of the fines exceeding the maximum fixed in Article 214 of this Law, as the case may be.

Reoffending is understood, for the purposes of this Law and other provisions arising therefrom, each subsequent infringement to the same precept, committed within two years of the date on which the resolution on the infringement.

Article 219.- The closures may be imposed in the resolution that resolves the infringement in addition to the fine or the fine. The final closure shall be the case where the establishment has been temporarily closed twice and within two years, if the infringement has been repeated within the period, whether or not it has changed its domicile.

Article 220.- For the determination of the penalties to be taken into account:

I. The intentional character of the action or constitutive omission of the infringement;

II. The economic conditions of the offender, and

III. The gravity of the infringement involving the trade in goods or the provision of services, as well as the damage caused to those directly affected.

When the action or omission constituting an infringement has been carried out knowingly, a fine shall be imposed for the amount of twice the fine imposed on the conduct infringer.

The action or omission shall be deemed to have been carried out knowingly, when the offender knew the existence of the rights of the holder, through the legends to which he/she was refer to Articles 26, 131 and 229 of the Law on Industrial Property and 17 of the Federal Law of Copyright, of the Gazette of Industrial Property, including publications in national circulation newspapers and notifications with acknowledgement receipt.

Article 221.- The penalties provided for in this Law and other provisions arising from it shall be imposed in addition to the compensation for damages and harm to those affected, in the terms of the common legislation and without prejudice to the provisions of the following Article.

Article 221 BIS.- The repair of the material damage or damages for the violation of the rights conferred by this Law, in no case shall be less than forty per cent of the selling price to the public of each product or the provision of services entailing a breach of any or some of the industrial property rights covered by this Act.

Article 222.- If the analysis of the file formed on the occasion of the investigation for administrative infringement the Institute warns the realization of facts which may constitute one of the offences provided for in this Law, and shall state in the resolution that it issues.

Chapter III

Offences

Article 223.- These are offenses:

I. Reinfluence the conduct provided for in Sections II to XXII of Article 213 of this Law, once the first administrative penalty imposed for this reason has been established;

II. Falsify, in dolous form and for the purpose of commercial speculation, trademarks protected by this Law;

III. Produce, store, transport, introduce the country, distribute or sell, in dolose form and for commercial speculation, objects that hold counterfeits of trademarks protected by this Law, as well as contribute or provide in any way, to knowingly, raw materials or inputs intended for the production of objects bearing counterfeits of marks protected by this Law;

IV. Disclose to a third party an industrial secret, which is known as a result of his work, post, position, performance of his profession, business relationship or by virtue of the granting of a license for his use, without the consent of the person who keeps the industrial secret, having been prevented from its confidentiality, with the purpose of obtaining an economic benefit for itself or for the third party or in order to cause injury to the person who keeps the secret;

V. Seize an industrial secret without the right and without the consent of the person who keeps it or its authorized user, to use or disclose it to a third party, for the purpose of obtaining an economic benefit for itself or for the third or with the the purpose of causing injury to the person who keeps the industrial secret or his authorised user, and

VI. Use the information contained in an industrial secret, which you know by virtue of your work, position or position, exercise of your profession or business relationship, without the consent of the person who keeps it or your authorized user, or who has been revealed by a third party, knowing that the third party did not have the consent of the person who kept the industrial secret or its authorized user, for the purpose of obtaining an economic benefit or in order to cause injury to the person who saves the industrial secret or its authorized user.

The offences provided for in this article will be pursued by offended party.

Article 223 Bis.- It will be imposed from two to six years in prison and a fine of one hundred to ten thousand days of general minimum wage in force in the District Federal, to which it sells to any final consumer on roads or in public places, in dolose form and with an end to commercial speculation, objects that bear falsifications of trademarks protected by this Law. If the sale is made in commercial establishments, or in an organized or permanent manner, the provisions of Articles 223 and 224 of this Law will be in place. This offence shall be pursued ex officio.

Article 224.- It will be imposed from two to six years in prison and fine for the amount of one hundred to ten thousand days of general minimum wage in force in the Federal District, who commits any of the offences referred to in Article 223 (I), (IV), (V) or (VI) of this Law. In the case of the offences provided for in fractions II or III of the same Article 223, three to ten years ' imprisonment shall be imposed and a fine of two thousand to twenty thousand days of general minimum wage in force in the Federal District.

Article 225.- For the exercise of criminal action, in the cases provided for in Sections I and II of Article 223, the Institute shall be required to issue a technical opinion in not prejudged on the civil or criminal actions that they have taken.

Article 226.- Regardless of the exercise of the criminal action, the injured party for any of the crimes that this Law refers to may sue from the authors of the (a) the repair and payment of damages suffered in connection with such crimes, in accordance with the terms set out in Article 221 BIS of this Law.

Article 227.- The courts of the Federation are competent to hear about the crimes referred to in this chapter, as well as the commercial and civil disputes and the precautionary measures to be taken for the implementation of this Law.

When such disputes affect only particular interests, they may be aware of them at the discretion of the actor, the courts of the common order, without prejudice to the powers of the individuals to submit to the arbitration procedure.

Article 228.- In the judicial proceedings referred to in the foregoing Article, the judicial authority may adopt the measures provided for in this Law and in the Treaties. of which Mexico is a party.

Article 229.- For the exercise of civil and criminal actions arising from the violation of an industrial property right as well as for the adoption of the envisaged measures In Article 199 Bis of this Law, it is necessary that the holder of the right has applied to the products, packaging or packaging of products covered by an industrial property right the particulars and legends referred to in Articles 26 and 131 of this Law, or by some other means having manifested or made of knowledge public that products or services are protected by an industrial property right.

This requirement will not be required in cases of administrative violations that do not imply a violation of an industrial property right.

TRANSIENT

ARTICLE FIRST.- This Law shall enter into force the day after its publication in the Official Journal of the Federation.

ARTICLE SECOND.- They are opened:

I.- The Law of Inventions and Marks, published in the Official Journal of the Federation on February 10, 1976, as well as its reforms and additions, but will continue to apply as regards the crimes committed during its term, without prejudice to the provisions of Article 56 of the Criminal Code for the Federal District in the Matter of Common Fuero and for the entire Republic in Matter of the Federal Fuero, and

II.- The Law on the Control and Registration of Technology Transfer and the Use of Patent and Trademark Exploitation and its Regulations, published in the Official Journal of the Federation on 11 January 1982 and 9 January 1990, respectively.

ARTICLE THIRD.- For the purposes of Article 24, fraction XI, of the Income Tax Act, it will not be required to check the registration in the National Register of Transfer of Technology from acts, contracts or agreements relating to technical assistance, technology transfer or royalties.

ARTICLE FOURTH.- As long as the Federal Executive issues the regulations of this Law, it will continue in force, in whatever way it does not oppose it, the Rules of Procedure of the Inventions and Marks, published in the Official Journal of the Federation on 30 August 1988.

ARTICLE QUINTO.- The Federal Executive shall issue the Decree of creation of the Institute referred to in Article 7o. of this legal order.

ARTICLE SIXTH.- Patents and records of industrial designs awarded on the basis of the law that is repealed shall retain their validity until their expiration but will be subject to the provisions of this Law and its regulations.

ARTICLE SEVENTH.- Brand records and authorization of use of a designation of origin granted on the basis of the Inventions and Marks Act that is repealed, will retain their validity. In all else, this Law and its regulations will be subject to this Law.

ARTICLE EIGHTH.- The publication effects of the trade names made before the date this Law enters into force, will retain the validity determined by the Law of Inventions and Marks that are repealed, being applicable in all other provisions of this Law.

ARTICLE NINTH.- The certificates of invention granted under the Act of Inventions and Marks that are repealed shall apply to them the provisions of that law up to the expiration of the validity granted to them in the corresponding title.

ARTICLE DECIMAL.- To patent applications and applications for certificates of invention that are pending at the date this Law enters into force will not be The application of this Law shall be published only in accordance with Article 52 of this Law and only the patent shall be published in the terms of Article 60.

Applications for invention certificates that are in the pipeline will be converted into patent applications.

The applicants for patents and certificates of invention that are in the process of beginning this Law will have to ask the Secretariat in writing, in writing. of the six months following that date, that the processing continues, based on those applications, to obtain the corresponding patent in the terms of this Law. If the applicants do not ask the Secretariat within the time limit for the continuation of the procedure, their respective applications shall be considered to be abandoned and the corresponding procedures shall be completed.

ARTICLE TENTH FIRST.- Applications in the process of certificate of invention and patents relating to processes from which a product is directly obtained that is not patentable according to the Law of Inventions and Marks that is repealed, but if under this Law, they may become patent applications for said product, preserving their date of presentation or of recognized priority, only that they comply with the next:

I.- That the conversion be promoted in writing to the Secretariat by the applicant of the certificate of invention or the patent or by its successors in title, within 12 months of the date of the entry into force of this Law;

II.- That the applicant has patented the product or has filed a patent application for the product in any member country of the Patent Cooperation Treaty;

III.- The publication of these patent applications in the Gazette will be made at the earliest date after the 18 months following that in which the conversion is promoted, and

IV.- The patents granted on the basis of the provisions of this precept shall be valid for 20 years from the date of filing of the application for a certificate of invention or a process patent.

ARTICLE TENTH SECOND.- The patent applications filed before the date this Law enters into force, in any of the member countries of the Cooperation Treaty in Patent matters, for inventions included in fractions VIII to XI of Article 10 of the Act of Inventions and Marks that are repealed, shall maintain in Mexico the date of priority of the first application filed in any of those countries, provided that:

I.- The application to obtain a patent on the inventions indicated by the first applicant for the patent in any of the countries mentioned in the preceding paragraph or by its successor, within the twelve, is presented to the Secretariat. months following the entry into force of this Act;

II.- The applicant of the patent shall check with the Secretariat, in the terms and conditions that the regulation of this Law prevents, to have filed the patent application in any of the member countries of the Treaty of Cooperation in Matter of Patents or, where appropriate, obtained the respective patent, and

III.- The exploitation of the invention or the commercial scale import of the patented product or obtained by the patented process would not have been initiated by any person in Mexico prior to the filing of the application in this country.

The validity of the patents granted under this article will end on the same date as it does in the country where the first application was filed, but in no case shall be valid for 20 years from the date of filing of the patent application in Mexico.

ARTICLE TENTH THIRD.- The administrative declarations that are in the process of entering into force this Law will continue to be substantial and will be decided in accordance with the provisions contained in the Act of Inventions and Marks that is repealed.

ARTICLE TENTH QUARTER.- For compliance with the provisions of Article 175 of this Law, in the case of the designation of origin, a period of three years shall be granted, from the date on which this Law enters into force. The Secretariat shall publish, within three months from the same date, the provisions and rules to ensure the quality of the product and the forms for its packaging or packaging, which are to be complied with in accordance with this Law. gradual and reasonable, over the three-year adjustment period granted in this Article, authorised users of the designation of origin and the persons who distribute or sell their products.

Mexico, D. F., on June 25, 1991.-Sen. Fernando Silva Nieto, President.-Dip. Samy David David, President.-Sen. Eliseo Rangel Gaspar, Secretary.-Dip. Juan Manuel Verdugo Rosas, Secretary.-Rubicas. "

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby exempt the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-six days of the month of June of a thousand nine hundred and ninety-one.- Carlos Salinas de Gortari.-Heading.-The Secretary of Government, Fernando Gutierrez Barrios.-Heading.