Due to a decree by the Federal Court of Tax and Administrative Affairs (FCTAA) published in the Mexican Official Gazette, a "Specialized Court on Intellectual Property Matters" was created.

In 2000, as the result of a legislative reform, the FCTAA was provided jurisdiction to review intellectual property decisions issued by the Mexican Institute of Industrial Property (IMPI).

The decree establishes that the Court shall have jurisdiction over all Mexican territory, with seat in Mexico City. Likewise, the Court will have jurisdiction to review intellectual property decisions issued based on the Mexican Law of Industrial Property, the Federal Copyright Law and other laws related to intellectual property.

The specialised Court will be presided over by three Magistrates, who are still to be appointed. The appointments will be conducted by the president of Mexico, with approval of the Mexican senate.

Once the specialised Court is implemented, it will take over all pending trials related to intellectual property.

It is important to note that the decisions of the of the specialised Court will not be final, as they can be further appealed before 17 circuit courts, presided over by three Magistrates each. These circuit courts will be chosen randomly to review appealed decisions.

The specialised Court has not yet begun operating, due to the FCTAA's lack of personnel and budget. However, its creation is very good news, as it may significantly improve both the consistency and timeliness of the Mexican intellectual property system.

Eugenio Ruiz

Olivares & Cia
Pedro Luis Ogazón No 17
Col San Angel
01000 México DF
Tel: +5255 53 22 30 00
Fax: +5255 53 22 30 01
olivlaw@olivares.com.mx
www.olivares.com.mx