Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
9.
Remedies
9.1
Are injunctions available?
 
Mexico
Yes, the Mexican Industrial Property Law provides for preliminary injunctions.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.2
What is the standard to obtain an injunction?
 
Mexico
Under the Mexican Industrial Property Law, the party seeking a preliminary injunction must demonstrate the following:

  • ownership of an IP right duly granted by the Mexican Institute of Industrial Property (IMPI);
  • the violation of this IP right by a third party;
  • the provision of security (by filing a bond) to compensate for potential damage to the alleged infringer that the injunction might cause; and
  • compliance with the marking requirement.
For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.3
Are damages available?
 
Mexico
Yes, the Mexican Industrial Property Law provides for a patent owner to seek damages against an infringer.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.4
What types of damages are available?
 
Mexico
Compensatory damages.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.5
What is the standard to obtain certain types of injunctions?
 
Mexico
The patent owner must demonstrate before a civil court that:

  • IMPI has issued a decision declaring the infringement of an IP right, which is final and beyond the shadow of appeal; and
  • the infringing conduct has caused it damage.

The Mexican Industrial Property Law provides that the damages claimed as a consequence of the violation of an IP right may be no less than 40% of the sale price of each infringing product sold by the infringer. However, this amount may be higher if the plaintiff can demonstrate that the quantum of the damage caused by the infringement was higher.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.6
Is it possible to increase or multiply damages due to a party’s actions?
 
Mexico
The amount of damages awarded will depend on the civil court’s assessment of the evidence submitted in the civil action. The standard basis of 40% can be increased depending on the severity of the damage caused and proved.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.7
Are sanctions available?
 
Mexico
Yes.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.8
What kinds of sanctions are available?
 
Mexico
Infringements are administratively punished by fines of up to 20,000 Units of Measure and Update (approximately $94,000), administrative arrest and the temporary or permanent closure of the infringer’s business.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.9
Can a party obtain attorneys’ fees?
 
Mexico
In an infringement action before IMPI, it is not possible to request the payment of attorneys’ fees.

However, in a civil action before a civil court for recovery damages, it is possible to request them from the infringer.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril
9.10
What is the standard to obtain attorneys’ fees?
 
Mexico
If the civil court orders the infringer to pay attorneys’ fees, this will cover only the attorneys’ fees for the civil action, as calculated and limited in accordance with the schedule of fees of the civil court.

For more information about this answer please contact: Juan Carlos Amaro from Becerril Coca & Becerril