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New Mediation Proceedings Law in Argentina

  • 12 January 2016
  • Articles

On December 23 Law No. 27222 which amends Sections 18 of Law 26589 “Mediation Proceedings” and 16 and 17 of Law 22362 “Trademarks” was published in the Official Gazette.

The system in force until March 22, 2016, allows suspension of the expiration of the annual term for oppositions during 30 (days) as from the date of notification to the mediator to action by either party and may be renewed upon expiration.

With this new law the previous system rules again, ie that mediation should be held and completed and complaint filed before the deadline of 1 year after notification of oppositions. In turn, the law adds that legal action can be started once evidenced, by a declaration of the lawyer, completion of the mediation process.

Therefore, by turning to the previous system, the work of employees of the Trademark Office is facilitated as they will not have to control so many deadlines. Also, negotiations will speed up since in the absence of such extra time, attorneys must obtain instructions from their clients before final deadline, and thus negotiation during the term oppositions are not notified will be important again.

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