10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

a) A fine for up to 20 thousand days of minimum wage applicable in the FederalDistrict;b) Temporary or definitive closure; orc) Arrest.With respect to this type of administrative procedure, the affected title holder mayrequest that IMPI take precautionary measures 28 to be carried out prior to the request foradministrative declaration of infringement or in the act of notification. For the impositionof such precautionary measures the petitioner (affected title holder) must fulfill the requirementsindicated in the LPI, among which is the granting of a bond to cover any possibledamages or losses that could be caused to the presumed infringer by such measures. 297.3. Means of AppealWhen one of the parties in a proceeding of this type considers that its rights havebeen affected by a ruling issued by IMPI, it can make use of any of the following meansof appeal:a) Motion for review. Pursuant to the terms of the Federal Administrative ProceduresLaw (Ley Federal de Procedimiento Administrativo) this motion must be filed beforethe authority that issued the act being challenged within 15 days from the notificationof the ruling. It should be mentioned that this appeal is optional and thereforeit is not required to exhaust this appeal before making use of another action;b) Nullity proceeding. This judicial proceeding must be filed before the Federal Tax andAdministrative Justice Court within a term of 45 business days which will begin torun as of the day following the notification of the ruling and it is governed by theprovisions of the Federal Law of Administrative Law Court Procedure (Ley Federalde Procedimiento Contencioso Administrativo, LFPCA). Previously the provisions of the__________28Such precautionary measures are: (i) order the withdrawal from circulation or prevent the circulation ofthe merchandise infringing rights protected by the LPI; (ii) order the withdrawal from circulation of the illegallymanufactured or used objects; the objects, packages, containers, wrapping, stationary, advertisingmaterial, and similar items that infringe any of the rights protected by the LPI; the signs, postings, placards,stationery, and similar items that infringe any rights protected by the LPI; the tools or instruments used inthe manufacture, preparation, or obtaining of any of those indicated in the above subsections; (iii) prohibitimmediately, the commercialization or use of the products with which a right protected by the LPI isbeing violated; (iv) order the seizure of goods, which will be carried out in accordance with the applicableprovisions of the LPI; (v) order the presumed infringer or third parties to suspend or cease the acts thatare in violation of the LPI; and (vi) order the suspension of the provision of the service or closure of theestablishment when the above measures are not sufficient to prevent or avoid the violation of the rightsprotected by the LPI.29It should be mentioned that the infringing company can issue an indemnity bond, thereby canceling one orall the precautionary measures adopted.221Industrial Property

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!