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

Cookies Settings

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

Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
David Rodrigues and Evan Lazerowitz – attorneys at Robinson & Cole – offer practical guidance on the steps a business might consider to preserve and maximise IP value before entering financial distress or insolvency
Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
Gift this article