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208C H A P T E R X I IRegistrations of utility models are granted for 10 non-extendible years from the dateof filing the application and conditioned on the payment of annual fees. Like patents,the utility model applications can lapse for failure to make such payments in a timelyfashion, and upon their lapse or expiration they enter the public domain.It should be mentioned that the LPI establishes certain limitations concerning theexclusivity that is granted by a patent or the registration of a utility model, which can besummarized as establishing that the right of exclusivity granted will not be enforceableagainst a third party when:a) The third party performs non-commercial research for experimental, testing, orteaching purposes;b) The product or patented process or utility model is used or marketed by the thirdparty after having been legally introduced into the market;c) The product or patented process or utility model was used by the third party priorto the date of filing of the invention;d) In the case of patents related to products that are live matter, the third party usesthe product as an initial source of variation or propagation to obtain other productsor utilizes, puts in circulation, or markets the patented products for purposesthat are not multiplication or propagation after they have been legally introducedinto the market.2.3. Industrial DesignsAn industrial design consists of the visual, ornamental characteristics applicable to an articleof manufacturing. Industrial designs can be divided into industrial drawings, constitutedby any combination of figures, lines, or colors that are incorporated into anindustrial product as ornaments and that give it a special and unique aspect, and industrialmodels, which are any three-dimensional forms that serve as models or patterns forthe manufacture of industrial products and gives them a special appearance.The registration of industrial designs with the IMPI also establishes an exclusive rightof use and, as with the figures studied above, the following requirements must be metin order to register them:a) The presence of an industrial design according to its legal definition (design ormodel);b) The industrial design is new or original;c) The industrial design can have an industrial application.This registration is also processed by the IMPI and is governed by the same rules as areapplicable to patents (with the exception of the publication of the application in theIndustrial Property Gazette).