A new legal framework on intellectual property was presented to Mexican Congress that aims to further harmonize the Mexican Industrial Property Law ("IPL") with international treaties and so increase IP protection in the country.
The overall goal of this new reform project is to strengthen protection and enforcement of industrial property rights in Mexico. It is intended to facilitate and make agile the procedures before the Mexican Institute of Industrial Property (“MTO”) and to introduce stronger and more effective administrative measures against infringers of IP rights. Some of the proposed amendments to the IPL are:
- Incorporation of multi-class applications for trademarks.
- Speed up, facilitate and reduce costs for trademark, slogan and trade name registration procedures.
- Speed up and facilitate the process for patent filings and ensure that any information included in the file remains confidential until its publication.
- Partial cancellation of trademarks and patents.
- Measures for the detention of products should not only apply to imported products, but also for products being exported and transported within the country.
- The MTO should be allowed to issue ex officio measures, without the need to comply with the bond requirement.
- Infringement actions should first be made before the MTO and then before the Federal Courts to ease and speed up compensation for IP infringements.
The reform proposal will now be discussed in Mexican Congress. We will closely monitor the progress of the discussions and keep you informed on any news.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
