Last January 27, the Industrial Property Law was amended, with the most relevant issues relating to enforcement of IP rights entering in force on January 30.
Under the amendments, opposing an inspection visit (impeding the entrance of a Mexican Institute of Industrial Property (IMPI) inspector to an alleged infringer's premises) will cause two sanctions:
The facts intended to be proven with the visit of inspection will be presumed correct, and;
Any opposition to a visit will be considered an infringement itself.
Lack of compliance with an order for documents or information to be produced is also now considered an infringement.
Before these amendments entered into force, the Law did not provide any sanction for opposing an inspection visit, or failing to produce documents or information. These amendments will discourage infringers from not complying with IMPI orders, giving IMPI greater strength on these matters.
Although it is not clear if the new infringement causes will be studied and resolved in the same proceeding in which such causes are originated, or if it will be necessary to initiate new proceedings, they are new tools that will certainly help IP owners in the enforcement of their rights.
Likewise, we consider that with these amendments, an infringer's activities will be to some degree controlled, at least during proceedings.
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Martha Celis |
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
