f) In the absence of an agreement between the performer and the owner of the copyright, or between
their representative collecting societies, the performer or owner may refer the matter to the courts,
or seek alternative disputes resolution in the form of mediation or arbitration.
SUB-PART B
INDUSTRIAL PROPERTY RIGHTS
Section 10
Trademarks
§ 10.1. Acquisition of Exclusive Right to a Mark; Registrability
a) Any sign, or any combination of signs, capable of distinguishing, the goods or services of one
undertaking from those of other undertakings shall be capable of constituting a trademark and shall
be visually perceptible. The nature of the goods or services of which a trademark is to applied shall
in no case form an obstacle to registration of the trademark.
b) A mark may consist, in particular, of words, letters, numerals, figures, pictures, combinations of
colors, the shape of goods or of parts of the goods, or the packaging or other conditioning of
goods.
c) The exclusive right to use a mark, as provided in this Part, shall be acquired by registration in
accordance with the provisions hereof.
§10.2. Unregistrable Trademarks
a) A sign shall not be validly registered as a mark if:
i.
it is devoid of any distinctive character or is otherwise incapable of distinguishing the
goods or services of one enterprise from those of other enterprises;
ii. it consists exclusively of a sign or indication that may serve in trade to designate the kind,
quality, quantity, intended purpose, value, geographical origin, time of production of goods
or of rendering of services, or other characteristics of goods or services introspect of which
the mark is to be used;
iii.
it consists exclusively of a sign or indication that has become customary in current
language or in the bona fide established practices of the trade to designate goods or services
introspect of which the mark is to be used, or that is a usual or recognized technical or
scientific name of those goods or services;
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