Mexico: Permissible evidence before the Mexican Institute of Industrial Property
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Permissible evidence before the Mexican Institute of Industrial Property

Sponsored by

olivares-400px.jpg

It has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.

However, such a practice may occur in direct violation of IP law and therefore may be a procedural violation by the authority.

Mexican Industrial Property Law (IPL) establishes that in administrative proceedings, all kind of evidence shall be admitted, except testimonial and confessional evidence (Article 192 IPL).

It is established law that testimonial evidence is based on the testimony or declaration of a third party not related to the proceedings, regarding facts related to the proceedings. Confessional evidence is based on the declaration of one of the parties regarding facts related to the proceedings. Moreover, in both cases the declarations are rendered by answering several questions or interrogations that were raised by the offeror of the proof.

In view of the above, it is clear that documentary evidence consisting of the testimony of one of the parties in a proceeding or a third party not related to the proceeding given to the authority, in which it is requested to answer specific questions raised by the offeror of the proof in the form of an interrogation, should necessarily be equated to testimonial evidence or confessional evidence.

Therefore, the offering of a proof in which the offeror is requesting that one of the parties or a third party not related to the proceeding, respond to specific questions that were raised by the offeror and that are linked to facts discussed or related to the proceeding, is not a "requirement to provide information and data", but rather confessional or testimonial evidence, as it contains all the elements of this type of evidence.

In accordance with the foregoing, it is evident that even though this proof is offered under the "requirement to provide information and data" provided by Article 203 of our IPL, it must be considered as testimonial or confessional evidence due to its nature and thus, cannot be admitted by the authority in administrative proceedings.

Alejandra Badillo


Olivares

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

more from across site and ros bottom lb

More from across our site

Ireland joining the UPC would offer plenty of opportunities to local attorneys but there are fears that upcoming referendum could get ‘lost in the noise’
Attorneys at four firms reveal the business opportunities that stem from patent licensing agreements in the life sciences sector
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel at four firms explain their lateral hiring policies and how they retain existing lawyers
Lori Gordon, who has joined from Perkins Coie, says she hopes to turn Goodwin into a 'premier' destination for PTAB work
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards.
Partners at LeanWill Law Firm, a newly launched domestic firm in China, discuss IP opportunities and which clients they plan to target
Each week Managing IP speaks to a different IP lawyer about their life and career
A survey of more than 25,000 in-house lawyers reveals that embracing technology could help law firms win new business
John Mulgrew, vice president of IP at Lenovo, says the EU's proposed regulation will readdress imbalances in the bargaining power of SEP owners and implementers
Gift this article