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 2026

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

The latest round of promotions has contributed to a 21% rise in partner headcount in the past two years, with business leaders eyeing litigation and the UPC
João Negrão, EUIPO executive director, is joined by a seasoned official to reflect on three decades of stories
Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Emotional Perception AI is seeking more than £200,000 after the UK Supreme Court backed its appeal
Lawyers at Pinsent Masons discuss why the advent of ‘AI-free’ might be a crucial moment for brands seeking to protect their identity
Newly independent King & Wood has established offices in North America, while Mallesons has entered a ‘new era’ with a 1,200-lawyer firm across Australia and Singapore
Ryan Dykal and John Wittenzellner of Boies Schiller Flexner tell Managing IP what’s driving the firm’s patent litigation expansion
News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
Gift this article