Issue 43–July 2007

July 23, 2007

Jurisprudence Relating to Administrative Litigation

The Second Chamber of the Supreme Court of Justice recently issued jurisprudence resolving the contradiction of rulings that existed with respect to the principle of finality and the need to exhaust the administrative lawsuit before going to a federal appeal (amparo). The contradiction was finally resolved by ruling that since article 28 of the Federal Law of Contentious Administrative Procedure contains greater requirements to grant a suspension than those foreseen in the amparo law, it is not necessary to first exhaust said procedure before turning to an amparo.

July 23, 2007

Amendment to Various Environmental Laws

Amendments to various environmental laws were recently published in the Official Journal of the Federation. Among them were amendments to the General Law of Ecological Equilibrium and Environmental Protection (LGEEPA) and the General Law for the Prevention and Integral Management of Wastes (LGPGIR). Below are details of some of the amendments: I. Amendments relating to biodegradable detergents and waste from the mining-metallurgical industry: On May 19, amendments to the LGEEPA and the LGPGIR were published by which section XII was added to article 89 of the LGEEPA, for the purpose of including, as an element within the criteria for the sustainable use of water and the aquatic systems, those practices of the productive sector relating to the quality of surface … read more

IP Notes

Exclusivity of the use of marks and parallel importations. While the purpose of registering a mark is to make effective the exclusive right to use such, in accordance with the Industrial Property Law, there exist exceptions that allow for the use of registered marks by third parties. One of these exceptions is known as parallel importations, which consists of allowing the use of a registered mark by a third party that uses, sells, distributes, etc., as long as the introduction of the mark into commerce has been done legally by the owner of the registration or one who has a recognized license for such. In these cases, the product that has the mark must be legitimate, and the third party, … read more