Mexico: Permissible evidence before the Mexican Institute of Industrial Property

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 SHARED ros bottom lb

More from across our site

In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of iPNOTE, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, have taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Greg Munt, who has moved from Griffith Hack to James & Wells after four decades, hails his new firm’s approach to client service
Practitioners warn that closing the Denver regional office could trigger a domino effect, threatening local innovation and access to IP resources
Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
Gift this article