JULY 2010 EDITION: Legal Updates
Mexican Intellectual Property Information – Administrative Penalties
Mexico’s Industrial Property Law has continuously adapted in order to become more effective. There is a new cause of action that may be brought against a party claiming to have an exclusive right to a patent, as provided in a decree published on June 18, 2010, which amends and adds various articles to Mexico’s Industrial Property Law. The new cause of action can result in administrative penalties against parties holding patent or license rights and file infringement proceedings in a matter in which a final, non-appealable decision was previously rendered. Article 213 of the mentioned law refers to this new cause of action in section XXVII, which reads: Article 213.- Administrative penalties apply:… XXVII.- When the title holder of a patent or its licensee, user or distributor, files infringement proceedings against one or more third parties, after the [Mexican Industrial Property Institute] has ruled on such matter in a previous administrative proceeding that concluded with a final judgment ruling on the inexistence of the claimed infringement… Sources of information and legal notice: In preparing this document, the following sources of information, among others, have been utilized: Diario Oficial de la Federación, Bank of Mexico, Suprema Corte de Justicia de la Nación. The CCN Mexico Report should not be considered as legal or tax advice or used for any purposes other than as a source of information for the public at large. For more information about the CCN Mexico Report, the topics contained therein or to inquire about legal services, please contact Robert M. Barnett (rbarnett@ccn-law.com) or Mario Melgar (mmelgar@ccn-law.com) at (210) 222-1642. © Copyright 2010, CCN. All Rights Reserved.