Changes Set For Mediation Law

Author:Moeller IP Advisors
Profession:Moeller IP Advisors
 
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On December 21, 2015, Law No. 27,222 was enacted, by which article 18 of "Mediation" Law No. 26,589 and the articles 16 and 17 of the Trademark Law No. 22,362 were modified.

According to local legislation, there is an annual term established by law to overcome oppositions. Oppositions are published in the Official Gazette. During that time the applicant should negotiate with the opponent the withdrawal of the opposition, under the penalty of abandonment. If there is no success in these negotiations, the next step would be the initiation of the mediation instance. It should be said that mediation is a preliminary and compulsory stage before Court instance, which gives the possibility to continue negotiations between the parties involved.

According to the "older" Argentinian Law and the disposition 2038/2010 of the Trademark Office, the initiation of the mediation stage suspended the annual deadline that the applicants have to overcome oppositions.

Law No. 27,222 establishes that the suspensive effect of prescription and limitation periods...

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