Notificación de la demanda al demandado domiciliado en el extranjero en el marco de una acción de nulidad de patente
Author | María Laura Etcheverry,Martín Bensadon |
Date | 15 June 2015 |
Published date | 15 June 2015 |
Law Firm | Marval O'Farrell Mairal |
Para así decidir la Sala argumentó que, no existiendo en la Ley de Patentes una disposición que expresamente establezca que el domicilio constituido en el INPI es válido para notificar las demandas judiciales por nulidad de patentes (como sí la hay en la Ley de Marcas), la pretensión de la actora carecía de sustento en la ley y no era congruente con la Constitución Nacional ni con los tratados internacionales que protegen la suficiente y adecuada tutela de la defensa en juicio.
Estando en juego el traslado de la demanda, acto procesal de transmisión que hace directamente al ejercicio del derecho de defensa por cuanto de aquel depende el efectivo conocimiento de la existencia, objeto y sujeto de un proceso judicial, no correspondía realizar extrapolaciones forzadas de normas que específicamente regulan otras hipótesis.
Con este argumento la Sala rechazó basar la pretensión de la actora en las siguientes normas: el artículo 122 de la Ley de Sociedades (porque regula el...
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