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Law No. 19.149 of October 24, 2013, on Accountability and Balanced Budget Execution for the Year 2012, Uruguay
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Latest Version in WIPO Lex
Year of Version
2014
Dates
Entry into force:
January 1, 2014
Published:
November 11, 2013
Adopted:
October 24, 2013
Type of Text
IP-related Laws
Subject Matter
Patents (Inventions),
Trademarks,
Copyright and Related Rights (Neighboring Rights),
Enforcement of IP and Related Laws,
Other
Notes
Law No. 19.149 was passed by the Congress of Uruguay on October 24, 2013, published in the Official Gazette on November 11, 2013, and came into force on January 1, 2014, as referred to in Article 2 of the Law.
Article 187 of the Law modifies Article 19 of Law No. 17.011 of September 25, 1998, establishing the mandatory use of a trademark and implementing the possibility of initiating a cancellation action for non-use in the following circumstances:
(a) when a registered trademark is not used by its owner, by a licensee or by an authorized person within five consecutive years from its registration date, or from its renewal date; or
(b) when the use of a trademark is interrupted for more than five years.
The holder of a right or a direct, personal and legitimate interest is entitled to file the above-mentioned cancellation actions, as defined in (a) & (b).
Article 188 adds to Article 66 of Law No. 17.011 the paragraph '6) non-use cancellation actions provided for in Article 19 of this Law'.
Article 189 adds the following paragraph to the Schedule of Fees under Article 99 of Law 17.011 (as amended by Article 193 of Law No. 18.172 of August 31, 2007 & Article 395 of Law No. 18.719 of December 27, 2010):
'26 Actions for cancellation of trademarks at the fee rates of 1345.24 UYU'.
Article 196 substitutes the following new Article 99 to Law No. 17.164 of September 2, 1999, regulating Rights and Obligations relating to Patents, Utility Models and Industrial Designs:
'A patent owner may bring an appropriate action against anyone for the infringement of patent rights. Where the right belongs to several owners, each of them may take any relevant proceedings'.
Article 237 adds paragraph 12 to Article 45 of Law No. 9.739 of December 17, 1937, relating to copyright exception for persons with disabilities.
Available Texts
Main text(s)
Main text(s)
Spanish
Ley N° 19.149 de 24 de octubre de 2013 sobre Rendición de Cuentas y Balance de Ejecución Presupuestal Ejercicio 2012
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Legislation
Amends (3 text(s))
Amends (3 text(s))
Relates to (2 text(s))
Relates to (2 text(s))
Is implemented by (1 text(s))
Is implemented by (1 text(s))
WTO Document Reference
IP/N/1/URY/6
IP/N/1/URY/I/8
WIPO Lex No.
UY075