Mexican Intellectual Property Information - Administrative Penalties

Submitted By:

Cacheaux Cavazos & Newton

Mexico City, Mexico

Mexicos Industrial Property Law has continuously adapted in order to become more effective. There is a new cause of action that may be brought against a party claiming to have an exclusive right to a patent, as provided in a decree published on June 18, 2010, which amends and adds various articles to Mexicos Industrial Property Law. The new cause of action can result in administrative penalties against parties holding patent or license rights and file infringement proceedings in a matter in which a final, non-appealable decision was previously rendered. Article 213 of the mentioned law refers to this new cause of action in section XXVII, which reads:

Article 213.- Administrative penalties apply:

XXVII.- When the title holder of a patent or its licensee, user or distributor, files infringement proceedings against one or more third parties, after the [Mexican Industrial Property Institute] has ruled on such matter in a previous administrative proceeding that concluded with a final judgment ruling on the inexistence of the claimed infringement. . .

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