LA PRIMERA ENCUESTA TRIMESTRAL DE 2013

Article 31 TRANSFER

1 The rights emerging from patents, utility models, registrations of topographies of semiconductor products, designs or models and trademarks can be totally or partially transferred free of charge or against payment.

2 The previous paragraph applies to rights emerging from the applications in question.

3 (Revoked.) 4 (Revoked.)

5 If a logotype or trademark contains the individual,

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business or company name of the holder of or applicant for registration or his representative, a clause is necessary for its transfer.

6 A transfer between living persons shall be proven by a written document. However, if the annotation of the transfer is requested by the transferring party, the recipient must also sign the document proving it or make a statement accepting the transfer.

Article 32 CONTRACTUAL LICENCES

1 The rights referred to in paragraph 1 of the previous article may be subject to a total or partial exploitation licence, free of charge or in return for payment, in a certain area or throughout the country for the whole of their duration or for a shorter time.

2 The previous paragraph applies to the rights emerging from the applications in question, though refusal shall result in expiry of the licence.

3 Licence contracts must be drawn up in writing.

4 Unless otherwise expressly stipulated, for all legal purposes a licensee enjoys the faculties belonging to the holder of the right to which the licence applies, with the exception of the provisions of the following paragraphs.

5 The licence shall be understood to be non-exclusive.

6 An exclusive licence is one in which the holder of the right renounces the faculty to grant other licences for the rights covered by the licence while it remains in effect.

7 The grant of an exclusive exploitation licence does not prevent the holder from also directly exploiting the right in the licence, unless otherwise stipulated.

8 Unless otherwise stipulated, a right obtained in an

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9 If the grant of sublicences is not provided for in the licence contract, they may only be granted with the written authorisation of the holder of the right.

CHAPTER IV Extinction of industrial property

rights

Article 33 NULLITY

1 Patents, utility models and registrations shall be totally or partially null:

a) If their object cannot be protected;

b) If, when granted, procedures or formalities essential to the grant of the right have been omitted;

c) If public rules have been violated.

2 Nullity can be invoked at any time by any interested party.

Article 34 ANULLABILITY

1 Patents, utility models and registrations shall be totally or partially annullable if the holders are not entitled to them, i.e.:

a) If the right does not belong to them;

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b) If they were granted with disregard for the rights set forth in Articles 58, 59, 121, 122, 156, 157, 181, 182 and 226;

2 In the cases set forth in paragraph b) of the previous paragraph, instead of annulment, interested parties may request the total or partial reversion of a right in their favour, if legally able to do so.

Article 35

DECLARATION OF NULLITY AND ANNULMENT

1 A declaration of nullity or annulment may only result from a judicial decision.

2

is entitled to bring the suit referred to in the previous paragraph and, in addition to the holder of the right registered against whom the suit is brought, all those who on date of publication of the annotation set forth in Article 30(1)(d) have requested annotation of derivative rights at the National Industrial Property Institute must also be cited.

3 After the judicial verdict has become final, the court secretariat shall send to the National Industrial Property Institute, whenever possible by electronic data transmission, a typed copy or another acceptable form for publication of the document and notice in the Industrial Property Bulletin and for annotation.

4 Whenever the suits referred to in this article are brought, the court shall inform the National Industrial Property Institute of the fact, if possible by electronic data transmission, for the purpose of annotation.

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Article 36

EFFECTS OF DECLARATION OF NULLITY OR ANNULMENT

The retroactive effectiveness of a declaration of nullity or annulment shall not prejudice the effects of compliance with the obligation, final verdict or transaction even if not yet countersigned, or as a consequence of similar acts.

Article 37 EXPIRY

1 Industrial property rights shall expire irrespective of their invocation:

a) When their duration terminates;

b) On failure to pay fees.

2 Causes of expiry not provided for in the previous paragraph shall only be effective if invoked by an interested party.

3 Any interested party may also request the annotation of expiry set forth in paragraph 1, if this has not already been done.

Article 38 RENUNCIATION

1 Holders may renounce their industrial property rights, provided that they so declare expressly to the National Industrial Property Institute.

2 Renunciation may be partial, if the nature of the right so allows.

3 Declarations of renunciation are made on forms that

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are attached to the case files in question.

4 If a renunciation form is not signed by the party in question, his attorney must attach power of attorney with special powers.

5 Renunciation shall not prejudice derivative rights that have been annotated, provided that their holders are duly notified and replace the holder of the principal right to the extent necessary to safeguard these rights.

CHAPTER V Appeals

SUBCHAPTER I