The National Institute of Copyright (INDAUTOR) published today in the Official Gazette of the Federation an Agreement, in which it recalls the decision taken so that, as of March 26, 2020, the terms and conditions are suspended. applicable to the various procedures that are provided through the various areas of the Institute, among which are those related to the granting and renewal of Reserva.
However, due to the accumulation of a significant number of reserves subject to the administrative procedure for renewal, the authority adds in its statement that it is necessary for INDAUTOR to act in an extraordinary manner, enabling a temporary and special procedure for the receipt, processing, release and, where appropriate, renewal of the reserves of exclusive use rights that are requested by their respective titleholders.
The authority informs that it will be allowed, on a temporary basis, the presentation, by e-mail and on a scheduled basis, of the requests for renewal of reservations of rights to exclusive use, taking into consideration:
- The effective date of expiration, which corresponds to the day of compliance with the deadline, and
- The decree of suspension of the legal periods and terms that took effect on March 26, 2020, so that the persons who hold the reserves that have been affected by such cases, are respected the renewal periods provided for in the Federal Copyright Law;
To achieve this, a procedure of staggered regularization is established, considering the date of expiration and, the month after the expiration (month of grace), of the corresponding reserve of rights to exclusive use.
It is reiterated by the authority that the agreement, is as a special, temporary and extraordinary administrative measure, and has as its object:
- To facilitate and specify the requirements for the presentation of official forms for the processing of renewals of reserves of exclusive use rights whose expiration date corresponds to the period from February 26 to March 25, 2020, as well as all those reserves of exclusive use rights whose renewal period corresponds to the period of suspension that began on March 26 and until this Institute decrees the termination of the suspension measures.
- Specify the requirements to be met by the holders of the Reserva who submit applications for renewal of the reserves, as well as the annexes to the applications submitted to INDAUTOR, including the verifications of use, and
- To establish the requirements and conditions for the presentation of the applications, through the e-mail address renovación.email@example.com, enabled in a special, temporary and extraordinary way for its processing, relief and, in case the respective legal requirements are fulfilled, its renewal.
The authority mentions that the period for the electronic presentation of the renewal will be staggered:
- From August 31, 2020 until September 28.
- From September 29th to October 29th.
- From October 30th to November 30th.
- From the 1st to the 31st of December.
The expiration period for reserva only includes from February 26 to November 30.
The above, taking the date of expiration of the Reserva, that is, the fatal date of renewal (the second month of grace), for which the authority establishes a schedule in the same draft agreement considering the fatal period mentioned and the requirements for renewal.
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