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Proposed Law No. 11 /XI

Exhibition of Motives

The Directive No 2005 /36/CE of the European Parliament and of the Council of September 7 of

2005, concerning the recognition of professional qualifications, as amended by the Directive

n. 2006 /100/CE of the Council of November 20 and transposed into planning

legal internal by Law No. 9/2009 of March 4, assigned to community citizens the

right to engage in an activity, on its own or by outrain, in a member state

different from the one in which they have acquired their professional qualifications.

Subsequently, Directive No 2006 /123/CE, of the European Parliament and of the Council, of

December 12, 2006, concerning freedom of establishment and provision of services

in the European Union, imposed on member states the obligation to conform to the regimes of

authorization with the principles of nondiscrimination and proportionality, eliminating the

legal and administrative obstacles to the exercise of activities in the European Union that

do not respect such principles. Both of these directives have imposed still obligations of

simplification of procedures and formalities applicable to the exercise of activity in a

Member state other than that of the origin of the service provider, specifically through

of the provision of electronic procedures and the creation of single balconies, measures

that reinforce themselves with the now planned regime.

Framing the activity of the official agents of industrial property in the said

directives, amendments to the Decree-Law No. 15/95 of January 24 on the part concerning the

exercise of the activity, they rightly aim to harmonise the internal legal planning with

such community obligations, ensuring access to the system of industrial property

portuguese by professionals established in a member state of the European Union

that in Portugal, they wish to acquire the quality of official agent of the property

industrial or, if you already possess it in the country of origin, see this quality recognised.

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For this, it is expressly recognized as industrial property agents the nationals

of member states of the European Union (including nationals of States not

members of the European Union who are signatories to the Agreement on the Economic Area

European) legally enabled to carry out the activity of official agent of the property

industrial and which meet the conditions laid down in Decree-Law No. 15/95 of January 24.

As an indispensable requirement for the acquisition and recognition of the quality of agent

officer in Portugal, predicts in both situations the harness in proof of aptitude

intended to attest to the prior knowledge of the Right of Industrial Property in force in

Portugal, in equal circumstances with the national professionals, whose

regulation is fixed by porterie of the member of the Government responsible for the area of

industrial property. It is a requirement imposed by other member states of the

European Union, of which it stands out to Germany, Belgium, Slovakia, Slovenia, France,

Netherlands, Ireland, the United Kingdom and the Czech Republic.

The realization of such proof with harnessing is mandatory in cases where a

interested intending to acquire, for the first time, the quality of AOPI-i.e. always

that this has not yet acquired that quality in any other member state of the

European Union-as well as in cases in which the person concerned, being already AOPI in another

Member state, intend to see this recognized quality with a view to establishing itself in

Portugal to here carry out its activity.

In the first situation, the realization of the evidence as provided for in Section II (" Acquisition of the

quality of official agent of industrial property ") of Chapter I of the diploma in

amendment, in particular in paragraph f ) of Article 2 (1) and in Article 3, enquel in the

scope of Directive No 2006 /123/CE, concerning services on the market

internal. In this situation, in which the person concerned intends, not the recognition of his

professional qualifications, but the acquisition of the quality of AOPI for the provision

temporary of services or for the definitive establishment in Portugal, Article 9 of the

said Directive provides for the possibility for member states to subordinate access to

a particular activity of services to an authorization regime where justified

for a compelling reason of general interest which, in accordance with Article 4 (8), does not leave

to include the subjects that are related to intellectual property.

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On the other hand, the imposition of a measure of compensation in the activity under consideration

results still from the need to ensure consistency and equality between both regimes (the

recognition of AOPI's professional qualifications and the acquisition of quality

of AOPI), as well as ensuring full equality in the face of national stakeholders, being that

these, whenever they wish to acquire the quality of AOPI, are also subject to

to the realization of a proof at the National Institute of Industrial Property, I. P. (INPI,

I. P.) who seeks to attest to his knowledge and technical preparation for advising

and represent applicants in the practice of acts of industrial property.

Already the achievement of the proof for the purpose of recognizing professional qualifications of

AOPI wishing to establish themselves in Portugal, as provided for in Section III

(" Acknowledgement of the professional qualifications of official agent of the property

industrial established in another member state of the European Union ") of Chapter I of the

a degree in amendment, in particular in Article 3 (4), enrolled in the scope of

application of Directive No 2005 /36/CE on the recognition of qualifications

professionals, in particular in Article 14, which makes it possible for the adoption by the States

members of countervailing measures, such as the achievement of an adaptation stage or

of a proof of aptitude, for the recognition of the professional qualifications of the

professionals who in them wish to establish themselves in a stable and continuous manner.

Such a possibility is also provided for in Article 11 of Law No 9/2009 of 4 of

March, which transposed Directive No 2005 /36/CE, to the national legal planning.

Under both diplomas, where training in a member state covers

material substantially different from those required by national law for the profession

at cause, the national authority may impose the achievement of an adaptation stage or

a proof of aptitude. Directive No. 2005 /36/CE, further adds that any

of these countervailing measures may be imposed in relation to the professions whose exercise requires

a precise knowledge of national law and in which counselling and / or provision of assistance in

matter of national law constitutes an essential and constant element .

In this proposed law, it was chosen by the realization of a proof of aptitude for being the

instrument that best allows to demonstrate to the INPI, I. P., the knowledge

necessary and indispensable technicians for the regular exercise of the AOPI activity, being

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that the harness in the said aptitude test is already the requirement required of any

interested that currently wishes to acquire the quality of AOPI in Portugal, on the terms

of Article 3 of the Decree-Law No 15/95 of January 24.

Finally, for respecting the rights, freedoms and guarantees, in particular to the freedom of

choice of profession, provided for in Article 47 (1) of the Constitution, the matter shall be enrolled

within the framework of the relative reservation of parliamentary legislative competence provided for in ( b) from the

n Article 165 (1) of the Constitution. However, the need for the publication Celere of the

present diploma, so as to allow your notification to the European Commission and to put an end

to the infringement procedure No 2007/2010 brought against the Portuguese State, imposes that

opts for the submission of a proposed material law at the expense of a proposal

of authorization law.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

1-A This Law amenages the Decree-Law No. 15/95 of January 24 as regards the

Regime of the exercise of the agent activity of industrial property, adapting it to the

Scheme for the recognition of professional qualifications provided for in the Directive

n. 2005 /36/CE, of the Parliament and of the Council of September 7, 2005 and in the

Council Directive No 2006 /100/CE of November 20, 2006 laid down

for the internal legal order by Law No. 9/2009 of March 4.

2-A This Law also seeks to partially transpose to domestic legal order the Directive

n. 2006 /123/CE, of the European Parliament and of the Council of December 12, 2006,

on services in the internal market.

3-References to nationals or citizens of member states of the European Community

and of the European Union made in the decree-law in amendment must understand-if as being

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made also of nationals or citizens of non-EU member states

that are signatories to the Agreement on the European Economic Area, pursuant to the

Decision of the EEA Joint Committee No 142/2007 of October 26 amending the Annex

VII ("Mutual recognition of professional qualifications") and Protocol No 37 of the

EEA Agreement.

Article 2.

Amendment to Decree-Law No 15/95 of January 24

Articles 1, 2, 3, and 18 and 18 of the Decree-Law No. 15/95 of January 24, amended by the

Decree-Law No 54/2001 of February 15 and by the Decree-Law No. 206/2002 of 16 of

October, they are replaced by the following:

" Article 1.

[...]

1-Are official agents of industrial property:

a) The professionals who have acquired or come to acquire that

quality in the terms of this decree-read;

b) The professionals who as such have been recognized;

c) The nationals of member states of the European Union legally

enabled to carry out the activity of official agent of the property

industrial and which meet the conditions laid down in this Decree-

law.

2-The National Institute of Industrial Property, I. P., is the authority

competent to assign and recognize the quality of official officers of the

industrial property in Portugal.

Article 2.

[...]

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1-To acquire the quality of official agent are indispensable requirements the

following:

a) Being a citizen of a member state of the European Union, greater and not

be inhibited from their civil and political rights;

b) [...];

c) [ Revoked ];

d) Having establishment in Portugal or in the territory of a State

member of the European Union;

e) Be a graduate holder;

f) Have harness in proof of aptitude with a view to the acquisition of the

quality of official agent of industrial property, under the terms of the

Next article, to be regulated by porterie of the member of the Government

responsible for the area of industrial property, intended to attest the

prior knowledge of the Right of Industrial Property prevailing in

Portugal.

2-[...].

Article 3.

[...]

1-A The quality of official agent of industrial property acquires

upon approval in provision of evidence to which they are admitted

individuals enabled with a degree.

2-[...].

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3-[...].

4-A The list of the approved candidates shall be submitted for approval by the

member of Government responsible for the area of industrial property and

published on the portal of the National Institute of Industrial Property.

Article 10.

[...]

1-[...].

2-The Deputy shall be a Portuguese citizen or State member of the Union

European.

3-[...].

4-By death or definitive impediment of the respective official agent, the

adjoining that they meet the conditions required by the ( a ), b ) and and ) from the

n Article 2 (1) may continue to sign all official documentation

up to the realization, with harness, of the proof of aptitude for the acquisition

of the quality of official agent of industrial property, to which they must

submit in the shortest possible time.

5-The chairman of the governing board of the National Institute of Property

Industrial may authorize the adjunct to continue to sign this

documentation until it is known to take advantage of the aptitude test to

that has been submitted.

Article 18.

[...]

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1-Are authorized procurators the natural persons who, not being agents

officers of industrial property, have in the three years prior to

entry into force of this decree-law, upon special authorization,

promoted acts and terms of process to the National Institute of the

Industrial Property.

2-Authorized prosecutors can, in that capacity, practise the acts and

the terms of the process, joining together for the simple proxy effect and with

special powers for each process. "

Article 3.

Addition to the Decree-Law No. 15/95, of January 24

They are deferred to Decree-Law No. 15/95 of January 24, as amended by the Decree-Law

n. 54/2001 of February 15 and by the Decree-Law No. 206/2002 of October 16, the

articles 1-A, 1.-B and 3.-A to 3 ºC, with the following:

" Article 1.

Form and tramway of applications

1-A practice of the acts necessary for the acquisition or recognition of the

quality of official agent of industrial property shall be made,

preferentially, by electronic data transmission.

2-In the instruction of applications for acquisition and recognition of the quality of

official agent of industrial property can be accepted simple copies and

uncertified translations.

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3-Whenever necessary, the National Institute of Industrial Property

may require a translation into the Portuguese language of the requirements, of the

statements and the documentation that accompanies them.

4-Where the applicant or declarant originates in another State

member of the European Union and subsist doubts about any of the

aspects referred to in this Chapter, the National Institute of

Industrial property shall comply with the provisions of Article 51 (2) of the

Law No. 9/2009 of March 4, by contacting to the effect the authorities

competent from the country of origin.

5-The National Institute of Industrial Property makes available on its portal

and on the one-stop shop information about the requirements, in particular the

referring to procedures and formalities to be complied with to access and exercise

the activity of official industrial property agent, as well as other

useful information about the official agents of industrial property.

6-Are fixed by porterie of the member of the Government responsible for the area of

industrial property and disclosed on the portal of the National Institute of

Industrial Property, in the Citizen's Portal, in the Company's Portal and in the

Single counter the following elements:

a) All regulatory standards referring to the documentation that you owe

instruct the requests;

b) The fees to which the same are subject;

c) The deadlines for the decision and the subsequent procedural plotting;

d) The regulation of realisation of the proofs of aptitude;

e) The terms of investiture.

Article 1-B

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Principle of cooperation

The National Institute of Industrial Property cooperates with the entities

homologs of the remaining member states of the European Union, under the terms of the

n Article 51 (2) and in Article 52 (4) of Law No 9/2009 of March 4.

Article 3-The

Freedom of establishment in Portugal

1-Can establish itself in Portugal for the exercise of agent activity

industrial property officer the professional who posits a title of

training required in another member state of the European Union for it

exercise such activity.

2-The title of training mentioned in the preceding paragraph shall:

a) Have been issued by a competent authority for the purpose;

b) To prove the level of professional qualification at the equivalent minimum

to a post-secondary education training with minimum duration of three

years.

3-May still establish himself in Portugal the professional he has exercised, the

full time, the activity of official agent of industrial property,

for two years in the course of the previous 10 years, in a State

member of the European Union that does not regulate this activity, since

which posits a training title equivalent to that provided for in the e) from the

n Article 2 (1).

4-The professionals mentioned in the previous figures become subject to the

conduct of proof of aptitude biased to the permanent exercise of the

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activity of official agent of industrial property in Portugal, nos

terms of the previous article, to be regulated by the porterie provided for in the f)

of Article 2 (1).

Article 3-B

Freedom to provide services

To acting in Portugal under the principle of the free provision of services,

of the official agent of industrial property that for such an effect meet

established in another member state of the European Union, the

provisions of articles 3 to 5 of Law No 9/2009 of March 4.

Article 3-C

Use of professional title

1-The professional whose qualifications are recognised in the terms of the article

3.-A can use the professional title " official agent of the property

industrial ".

2-In the cases provided for in the preceding paragraph, the exercise of the activity in

Portugal is subject to the rules to which the agents submit

officers of industrial property who have acquired that quality in the

terms of section I of this chapter.

3-The professional whose qualifications are recognised in the terms of the article

previous one uses solely the professional title of the country in which you find

established, in the official language of that country.

4-In cases provided for in the preceding paragraph and always that the professional title

of the official agent of industrial property does not exist in the country of

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establishment, the provider may use his or her training title in one of the

official languages of that country. "

Article 4.

Amendment to the systematic organization of Decree-Law No 15/95 of January 24

The following changes are promoted to the systematic organization of Decree-Law No 15/95,

of January 24, as amended by Decree-Law No. 54/2001 of February 15 and by the

Decree-Law No. 206/2002 of October 16:

a) A section I shall be added to Chapter I, called "General Provisions", which

contains the articles 1, 1.-A and 1.

b) A section II is added to Chapter I, called " Acquisition of the quality of

official agent of industrial property ", which contains Articles 2 and 3;

c) A section III is added to Chapter I, called ' Recognition Of

professional qualifications ", which contains the articles 3-A and 3-B;

d) A section IV is added to Chapter I, referred to as " Exercise of activity of the

official agents of industrial property ", which contains Articles 3-C to 19,

inclusive.

Article 5.

Transitional arrangement

Articles 4 to 8 of the Decree-Law No. 15/95 of January 24, amended by the Decree-Law

n. 54/2001 of February 15 and by the Decree-Law No. 206/2002 of October 16,

remain in force until the entry into force of the regulatory porterie of the realization of the

proofs of aptitude and the terms of investiture, provided for in Article 6 (6)

Article 6.

Abrogation standard

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The subparagraph shall be repealed. c) from Article 2 (1) and Articles 4 to 8 and 11 of the Decree-Law

n ° 15/95 of January 24, as amended by Decree-Law No. 54/2001 of February 15, and

by Decree-Law No. 206/2002 of October 16.

Article 7.

Republication

It is republished, in annex to this Law, of which it is an integral part, the Decree-Law

n ° 15/95 of January 24, with the current wording.

Seen and approved in Council of Ministers of March 11, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

Republication of the Decree-Law No. 15/95 of January 24

CHAPTER I

Of the agents of industrial property

SECTION I

General provisions

Article 1.

Official agents of industrial property

1-Are official agents of industrial property:

a) The professionals who have acquired or come to acquire that quality in the

terms of the present decree-lei;

b) The professionals who as such have been recognized;

c) The nationals of member states of the European Union lawfully enabled the

to engage in the activity of official agent of industrial property and who meet the

conditions laid down in this decree-law.

2-The National Institute of Industrial Property, I. P., is the competent authority for

assign and recognize the quality of official agents of industrial property in

Portugal.

Article 1-The

Form and tramway of applications

1-A the practice of acts required for the acquisition or recognition of the quality of

official agent of industrial property shall be made preferentially by

electronic transmission of data.

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2-In the instruction of applications for acquisition and recognition of the quality of official agent

of industrial property can be accepted simple copies and uncertified translations.

3-Where necessary, the National Institute of Industrial Property may require a

translation into the Portuguese language of the requirements, declarations and the

documentation that accompanies them.

4-Where the applicant or declarant originates in another Member State of the Union

European and subsist doubts about any of the aspects referred to in the present

chapter, the National Institute of Industrial Property shall comply with the provisions of the

n Article 51 (2) of Law No 9/2009 of March 4, by contacting to the effect the

competent authorities of the country of origin.

5-The National Institute of Industrial Property makes available on your portal and at the counter

only information about the requirements, in particular those regarding procedures and

formalities to be complied with to access and carry out the activity of official agent of

industrial property, as well as other useful information about the official agents of the

industrial property.

6-Are fixed by porterie of the member of the Government responsible for the area of the property

industrial and disseminated on the portal of the National Institute of Industrial Property, in the

Citizen's Portal, in the Company Portal and on the one-stop the following elements:

a) All regulatory standards referring to the documentation that you owe

instruct the requests;

b) The fees to which the same are subject;

c) The deadlines for the decision and the subsequent procedural plotting;

d) The regulation of realisation of the proofs of aptitude;

e) The terms of investiture.

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Article 1-B

Principle of cooperation

The National Institute of Industrial Property cooperates with the homologous entities of the

other member states of the European Union, in accordance with Article 51 (2) and paragraph 4

of Article 52 of Law No 9/2009 of March 4.

SECTION II

Acquisition of the quality of official agent of industrial property

Article 2.

Conditions of access

1-To acquire the quality of official agent are indispensable requirements as follows:

a) Being a citizen of a member state of the European Union, greater and not being

inhibited from their civil and political rights;

b) Not to be inhibited from the exercise of the profession by decision transitioned on trial;

c) [ Revoked ];

d) Having establishment in Portugal or in the territory of a member state of the

European Union;

e) Be a graduate holder;

f) Have an aptitude test harness with a view to the acquisition of the quality of

official agent of industrial property, in the terms of the following article, the

regulatory for the porterie of the Government member responsible for the area of

industrial property, intended to attest to the prior knowledge of the Right of

Industrial property beholdant in Portugal.

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2-The nationals of member states of the European Community will be, for the purposes of the

present diploma, equated to Portuguese citizens.

Article 3.

Examination of the provision of evidence

1-A The quality of official agent of industrial property acquires upon approval

in provision of evidence to which individuals are empowered with a

degree.

2-The proofs of the exam will be provided in Portuguese language, constructing from a proof

writing and an oral discussion.

3-A The final ranking will be that of the arithmetic mean of the written and oral proofs.

4-A The list of the approved candidates shall be submitted for approval by the member of

Government responsible for the area of industrial property and published in the portal of the

National Institute of Industrial Property.

SECTION III

Recognition of professional qualifications

Article 3-The

Freedom of establishment in Portugal

1-Can establish itself in Portugal for the exercise of official agent activity of the

industrial property the professional who posits a training title required in another

Member state of the European Union for him to carry out such activity.

2-The title of training mentioned in the preceding paragraph shall:

a) Have been issued by a competent authority for the purpose;

b) To prove the level of professional qualification at the minimum equivalent to one

post-secondary education training with a minimum duration of three years.

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3-May still establish himself in Portugal the professional he has exercised, on time

whole, the activity of official agent of industrial property, for two years in the

previous 10 years, in a member state of the European Union that does not

regulated this activity, provided that it posits a training title equivalent to the

provided for in paragraph e) of Article 2 (1).

4-The professionals mentioned in the previous figures become subject to the realization of

proof of suitability biased to the permanent exercise of the official agent activity of the

industrial property in Portugal, pursuant to the previous article, to be regulated by

would be provided for in the paragraph f) of Article 2 (1).

Article 3-B

Freedom to provide services

On acting in Portugal under the principle of the free provision of services, of agent

industrial property officer who for such purpose is set to be established in another state

member of the European Union, the provisions of Articles 3 to 5 of the Act apply.

n. 9/2009, of March 4.

SECTION IV

Exercise of the activity of the official agents of industrial property

Article 3-C

Use of professional title

1-The professional whose qualifications are recognised under the terms of Art. 3-A may

use the professional title "official agent of industrial property".

2-In cases provided for in the preceding paragraph, the exercise of activity in Portugal

is found subject to the rules to which the official agents of the property are subjected

industrialist who have acquired that quality pursuant to section I of the present

chapter.

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3-The professional whose qualifications are recognized under the previous article uses

solely the professional title of the country in which it is established, in the language

officer of that country.

4-In cases provided for in the preceding paragraph and always that the professional title of agent

officer of industrial property does not exist in the country of establishment, the provider may

use your training title in one of the official languages of that country.

Article 4.

[ Revoked ]

Article 5.

[ Revoked ]

Article 6.

[ Revoked ]

Article 7.

[ Revoked ]

Article 8.

[ Revoked ]

Article 9.

Registration of signatures

1-The signatures and the headings of the official agents and the respective adjoining constaron of

an existing special register at the National Institute of Industrial Property.

2-No document signed by official agent or adjunct will be received without the

readable indication, together with the signature, the name and the respective office.

Article 10.

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Deputy agent of industrial property

1-The official agent may have an adjunct, for the exercise of his / her duties, for whose acts

will be responsible.

2-The Deputy shall be a Portuguese citizen or member state member of the European Union.

3-Documents signed by the Deputy will be considered, for all legal purposes,

as signed by the official agent.

4-By death or definitive impediment of the respective official agent, the adjoining that

meet the conditions required by the ( a ), b ) and and ) of Article 2 (1) may

continue to sign all official documentation up to the realization, with exploitation, of the

proof of aptitude for the acquisition of the quality of official agent of the property

industrial, to which they must submit in the shortest possible time.

5-The Chairman of the governing board of the National Institute of Industrial Property

may authorize the adjunct to continue to sign such documentation until it is known to

take advantage of the proof of aptitude to which you have submitted.

Article 11.

[ Revoked ]

Article 12.

Supptive law

In everything that is not expressly regulated in the present diploma, the activity of the

official agents shall be governed by the provisions of civil law for the mandate.

Article 13.

Dispensation

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1-Official agents will request on behalf of and in the interests of the parties that they are their clients

and constituents, with dispensation from the display of the mandate, except by treating as an act which

involves dismissals of patent applications, deposit or registration, or waiver of rights

of industrial property.

2-The director of competent services may, however, require at any time that

prove their quality of mandators with the presentation of the instructions of the

customers or notarial proxy.

Article 14.

Exclusion of references

The official agents will only be able to use in their applications and correspondence with the

National Institute of Industrial Property, its name and the designation of the office.

Article 15.

Suspension of activity

1-Official agents of industrial property may suspend the exercise of the respective

activity provided that this notifying the National Institute of Industrial Property.

2-A suspension of the activity of the agent entails the cessation of the duties of the deputy in his / her

relations with the National Institute of Industrial Property.

3-The agent in a situation of suspension of activity may require at all time the

return to the exercise of duties.

Article 16.

Undue invocation of the quality of agent of industrial property

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Incursion into the sanction of the crime of usurpation of functions provided for in the Criminal Code the one that

become falsely entitled official agent or do, by any means, advertising tendant to

make believe that it possesses that quality.

Article 17.

Acts prohibited to officials

1-To employees on duty at the National Institute of Industrial Property is prohibited

replace themselves with the official agents or other mandators, or with them illegitimately if

relate, directly or indirectly, to the competence of the Institute.

2-A provision of any information or clarifications, verbals or writings,

establishes the presumption of the exercise of the procuratorate, save as to the officials

competent for the purpose.

Article 18.

Authorized prosecutors

1-Are authorized prosecutors the natural persons who, not being official agents of the

industrial property, have in the three years prior to the entry into force of the present

decree-law, upon special authorization, promoted acts and terms of process along

of the National Institute of Industrial Property.

2-Authorized prosecutors may, in that capacity, practise the acts and terms of the

process, joining for the simple proxy effect and with special powers for each

process.

Article 19.

Sanctionatory regime

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The sanctionatory regime of the violation of the professional duties of the official agents of the

industrial property will build a diploma of their own.

CHAPTER II

From the National Institute of Industrial Property

Article 20.

Access to information

The National Institute of Industrial Property provides the information relating to all

modalities of industrial property.

Article 21.

Organization of information

1-The National Institute of Industrial Property will compulsorily have to

organized information in such a way as to make it possible to identify and recover the

following acts:

a) The submission of any documents relating to the various modalities of

industrial property, in particular the date of the submission of applications;

b) Dispatches exploded by the services in the requirements relating to the acts and

terms of the processes and the averbings in the securities;

c) The judicial decisions that affect the titles of the different modalities of

industrial property;

d) The reception and dispatch of correspondence;

e) The collection and eventual return of fees and the revenue from services

provided.

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2-In addition to the information arranged in the manner indicated in this article, there may be

other informative elements or form of organization of these elements which if

show of recognized usefulness.

Article 22.

File

1-In the archive of the National Institute of Industrial Property will be guarded all the

documents, so that it is easy for the respective consultation.

2-Decorrides the legally established deadlines, the documents referred to in the number

previous will be able to be destroyed or archived at the National Property Institute

Industrial in proper support, which allows for your full reproduction without loss of

informative content.

Article 23.

Guarantee of reservation

1-The documents filed or pending will not come out of the National Institute of the

Industrial property by reason or pretext some, save the cases of removal by

cause for force majeany, owing to the judicial or extrajudicial representations that require its

presentation take place at the Institute itself.

2-Except also from the provisions of the preceding paragraph the shipment of the proceedings to the judgment

competent to resolve the interposed appeal of the decision handed down.

3-A shipment of the process to judgement and then your receipt will be annotated in the respective

service at the time corresponding to the presentation.

Article 24.

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Registration of entry

Applications for a patent, model, drawing or registration will be, at the time of their

presentation, annotated according to legal processes, in which the number, the day and

the time of the reception, the name and residence of the applicant and his / her representative, if there is and

the legal category of industrial property that it is treated for.

Article 25.

Tax obligations

No act submitted for registration and subject to rights or taxes due to the Farm

National can be definitely considered registered without showing paid for the

rights or taxes already settled, or secured the payment of those who are by

liquidate, in the form that the respective regulations determine.

Article 26.

Restitution of documents

1-Documents whose original or authentic copy are in a permanent way in

any public file or public office, nationals, will be restituted to those interested

after making the registration; the other documents will be archived at the Institute

National Property of Industrial Property, save the cases provided for in this diploma.

2-If the presented documents and copies are written or drawn by

form that offers great difficulty in your reading or examination, it may be required that the

interested present copies that can easily read or examine themselves.

3-Documents expeded by foreign authority or repartitions will only be

admitted, for any purposes, after their legalization, pursuant to the law of the

process.

4-From the rule enunciated in the preceding paragraph excepted cases in which the Conventions

international in force expressly waiving the legalization of certain documents

coming from the countries to which the same conventions are applicable.

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Article 27.

Verification of applications

1-At the time of the submission of applications the officials in charge of the reception of

documents will be limited to check if the same are correctly directed,

duly signed, the importance of the rates to be met and whether they are together

required all the documents in them.

2-Any missing dismissing subsequently will be given notice.

Article 28.

Certificates

The certificates should be passed in time to be able to hand over to those who request them in the

day after the submission of the application.

Article 29.

Forms

The applications should be submitted on a form of their own, whenever they are

established by the National Institute of Industrial Property.

Article 30.

Bulletin

At the National Institute of Industrial Property will be made available to the public, for consultation,

a complete collection of the Bulletin.

Article 31.

Entry into force

This diploma shall come into force on June 1, 1995.