New specialized IP section begins operations
Mexico
Legal updates: case law analysis and intelligence
The Specialized IP Section of the Federal Court of Tax and Administrative Affairs has begun operations.
Following a legislative reform at the end of 2000, the court was given jurisdiction to review decisions in IP matters. In March 2008 the court published a decree in the Mexican Official Gazette notifying the creation of a specialized IP section.
Following a legislative reform at the end of 2000, the court was given jurisdiction to review decisions in IP matters. In March 2008 the court published a decree in the Mexican Official Gazette notifying the creation of a specialized IP section.
IP cases represent only 1% of the total number of cases heard by the court. The purpose of the IP section is to improve and expedite decisions in this area.
The IP section began hearing cases on January 5 2009. The three magistrates appointed to the IP section are: Luz María Anaya Domínguez, María de los Angeles Garrido Bello and María Teresa Olmos Jasso.
The IP section began hearing cases on January 5 2009. The three magistrates appointed to the IP section are: Luz María Anaya Domínguez, María de los Angeles Garrido Bello and María Teresa Olmos Jasso.
The IP section has jurisdiction to review decisions issued under:
- the Industrial Property Law by the Mexican Institute of Industrial Property (IMPI);
- the Copyright Law by the Mexican Copyright Institute;
- the Law on Plant Varieties; and
- other IP-related laws.
According to information provided by the magistrates of the IP section, approximately 3,000 cases have been received so far. Most of these cases were originally filed with other sections of the court, but were transferred to the new IP section due to their nature.
Most of the cases heard by the IP section are appeals against decisions of IMPI refusing trademark registration.
The magistrates of the IP section have commented that they were expecting fewer cases, which means that the new section already has a significant backlog. The magistrates have also made two interesting announcements:
- an electronic system will be implemented in order to inform trademark practitioners that a new decision or official communication is due to be issued; and
- the IP section will issue more decisions on the merits (ie, less decisions based on due process).
The Mexican IP system should benefit from the creation of the specialized section. As the magistrates will deal only with IP cases, the length of proceedings should decrease and the quality of decisions improve.
Sergio Olivares, Olivares & Cia, Mexico City
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