InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Mexico: Challenges of the new criminal system




Last year (2016), the criminal system in force in Mexico until then was changed. A new accusatory oral system was implemented, which represents changes in both the system and the criteria.

Some of these changes are found in the investigations, which are now carried out by the Ministerial Police. However, these police officers are not adequately trained in the legal field, since the right of rights holders to file allegations or counter-allegations is being violated.

This claim is sustained by the fact that the Ministerial Police is not conducting a proper investigation, because the opportunity to make allegations or counter-allegations against the inspection visit carried out by the Ministerial Police is not being permitted. In addition, the Police are not obtaining more information from other authorities in order to issue a properly founded decision.

The consequence is that the Police are conducting regrettable investigations. This situation must be corrected by the authorities that are part of the accusatory system, as well as by the superior's authorities in order to establish the guidelines to correct this malpractice.

Unfortunately, this practice is part of the transition that is taking place between the previous criminal system and the new system, which must be corrected by the authorities and the rights holders.

It is necessary to properly train the Ministerial Police and avoid this type of situation, which has a negative impact on the owners of IP rights.

Treloar-Peter-100
Walter Galeana

Olivares
Pedro Luis Ogazón No 17
Col San Angel
01000 México DF
Tel: +5255 53 22 30 00
Fax: +5255 53 22 30 01


Comments






profile

Managing IP

ManagingIP

ManagingIP profile

Our weekly IP news round-up includes NPEs in Europe, AI, sovereign immunity, Section 101, UK trade secrets, and the… https://t.co/1IKhZLv7Gl

Feb 22 2018 03:46 ·  reply ·  retweet ·  favourite
ManagingIP profile

German Constitutional Court plans to decide UPC case in 2018 https://t.co/HURPYcerwS But it is not certain a decisi… https://t.co/pQugzgEtRt

Feb 22 2018 02:04 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @UPCtracker: This is one of nine (9) cases allocated to Justice Prof Huber (among them consolidated complaint re: adequate legal protect…

Feb 21 2018 05:15 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


null null null

null null null

February 2018

FRAND aid: Is the European Commission’s SEP guidance useful?

Both patent owners and implementers have welcomed the European Commission’s communication on standard essential patents. Does that mean it has successfully balanced competing interests or merely dodged the difficult questions? James Nurton investigates



Most read articles

Supplements