If the importer fails to fulfill the purpose that justified the Minister’s decision to consider the
patented mark rights exhausted, the Minister shall, ex officio, or at the request of the patent
owner, cancel the authorization.
The provisions of paragraph one of this article shall not apply to the use of the registered mark
by a third person with informative purposes, such as to promote sales or engage in
comparative advertisement, provided such use is not made in a manner that deceives the
public or constitutes act of unfair competition.
The Minister in charge of public health may take measures to limit the use of marks with the
purpose of facilitating the prescription of and the access to generic pharmaceutical products
and medical devices, or with the purpose of discouraging the public consumption of goods
that are deemed prejudicial to health, provided such measures do not unreasonably cause a
detriment to the capability of the marks in question to distinguish goods of one undertaking
from those of other undertaking.
Article 153: Duration and renewal of rights
The duration of validity of the registration of a mark shall be ten (10) years from the filing
date of the application for registration.
On request, the registration of a mark may be indefinitely renewed for consecutive periods of
ten years each, subject to payment by the owner of the prescribed renewal fee. A grace period
of ten (10) months shall be granted for the payment of the renewal fee after the deadline, in
return for payment of the prescribed surcharge.
Where an annual fee is not settled in accordance with the provisions of this article, the
application of the mark registration shall be considered to have been withdrawn or shall lapse.
SECTION 6: ASSIGNMENT AND LICENSE OF A MARK
Article 154: Assignment of a mark
Any change in ownership of a registered mark or relating to an application for registration of
a mark shall be recorded in writing. The change shall be addressed to the empowered
authority for:
1° record in the register of marks; and
2° publish a reference of change in ownership.
The change in ownership of a registered mark shall be subject to payment of the prescribed
fee.
A change in ownership of registration of a mark shall be invalid, however, if it is likely to
deceive or to create confusion, in particular as regards the nature, origin, manufacturing
process, characteristics or suitability for the use for which they are intended, of the goods or
services in relation to which the mark is designed to be used or is used.
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