ARTICLE 167: PROCEDURE TO SUSPEND, CANCEL OR EXTINGUISH THE CUSTOMS AGENT PATENT

In the cases of sections I and V of article 164 of this Law (LA: Art. 164), the customs authorities, once the facts established in said sections have been verified, shall order the provisional suspension for as long as the cause that motivated it exists. Once the provisional measures mentioned above has been decreed, the customs agent may, at any time, distort the cause of suspension or prove that it no longer exists, exhibiting before the authority that ordered its suspension the documentary evidence it deems pertinent and stating in writing what their right suits them; The authority will finally decide within a period not exceeding fifteen days after the presentation of the evidence and written documents indicated.

In the case of the causes of suspension, cancellation or termination of the patent, the competent customs authority to process and resolve these procedures, will have a period of two years after the date of knowledge of the realization of the facts or omissions that configure them, to make them known in a circumstantial manner to the customs agent and will grant a period of ten business days, counted from the date on which the notification of the agreement to initiate the procedure of suspension, cancellation or termination of patent takes effect , to express what their right suits them and offer evidence (LA: Art. 167A). For no reason may the authority initiate a procedure indicated in this paragraph, when the facts that constitute any of the grounds for suspension, cancellation or termination of the right to exercise the patent, have occurred more than five years old ago, unless that the offending conduct of the customs agent, by its nature is not instantaneous and is prolonged in time, in which case the five years will be counted from the moment said conduct has ceased. (LA: Art. 167C)

In the case of grounds for cancellation (LA: Art. 165), the customs authorities shall order the provisional suspension from the beginning of the procedure as long as the corresponding resolution is issued.

When only the statistical information is altered, the competent customs authority will not initiate the procedures for cancellation or suspension of the patent, for facts or omissions that configure the grounds provided for in articles 164 and 165 of the Law. (LA: Art. 164) (LA: Art. 165) (RGCE 2022: Regla 1.4.13)