1E9Ct5D

218C H A P T E R X I IThus, the causes of nullification established by the LPI are:a) With respect to patents 24 or registrations related to industrial creations: (i) that theyhave been granted in violation of the requirements and conditions for their granting,(ii) that they have been granted in violation of the law in force when they weregranted, (iii) that during the application process the application is abandoned, and(iv) that they were granted by serious error or oversight or to someone who didnot have the right to obtain them; 25b) With respect to distinctive signs: (i) that they have been granted in violation of the LPIor the provisions in force at the time of their registration; (ii) that they are identical orconfusingly similar to another that has been used in the country or abroad prior to thedate of presentation of the request and is applied to the same or similar products orservices (provided whoever claims a better right proves having used the distinctive signwithout interruption in the country or abroad from before the date of presentation orthe date of first use declared); (iii) that they were granted based on false informationin the application; (iv) that they have been granted by error, oversight, or difference injudgment, there being another distinctive sign that is considered invaded, and (v) thatthey have been granted to the agent, representative, user, or distributor of the holderof a sign abroad, and they have been applied for without the express consent of thetitle holder abroad (it will be considered to have been obtained in bad faith). 267.1.2. Request for an administrative declaration of cancellationSimilarly, the LPI establishes different premises that result in the cancellation of industrialproperty rights (either passing into the public domain in the case of patents, utility models,and industrial designs, or the right of exclusivity being extinguished in the case oftrademarks and slogans):a) In the case of patents, (i) the expiration of its term, (ii) the failure to make theannual payments or pay the fines necessary to maintain in force the rights derivedtherefrom, or (iii) the failure to exploit the patent;b) In the case of distinctive signs, (i) the failure of the title holder or authorized userto use it for three consecutive years on the products or services for which it wasregistered, or (ii) the failure to renew.__________24It should be emphasized that when the nullity only affects one or a few claims, or a part of one claim, thenullity is declared only with respect to the claim or claims affected, or the part of the affected claims. The nullitycan be declared in the form of a limitation or clarification of the corresponding claim.25The nullity action related to the violation of provisions can be exercised at any time; an action resulting fromthe abandonment of the application or from a defective grant can only be exercised within a term of fiveyears from the date of publication of the patent or the registration in the Industrial Property Gazette.26The nullity actions mentioned in subsections (ii) and (iv) may be exercised within a term of five years,counting from the date of publication of the registration in the Industrial Property Gazette; those regardingsubsections (i) and (v), at any time, and the action for subsection (ii), within a term of three years.