ARTICLE
4 September 2017

Challenges Of The New Criminal System

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
Last year (2016), the criminal system in force in Mexico until then was changed. A new accusatory oral system was implemented, which represents changes in both the system and the criteria.
Mexico Intellectual Property

Last year (2016), the criminal system in force in Mexico until then was changed. A new accusatory oral system was implemented, which represents changes in both the system and the criteria.

Some of these changes are found in the investigations, which are now carried out by the Ministerial Police. However, these police officers are not adequately trained in the legal field, since the right of rights holders to file allegations or counter-allegations is being violated.

This claim is sustained by the fact that the Ministerial Police is not conducting a proper investigation, because the opportunity to make allegations or counter-allegations against the inspection visit carried out by the Ministerial Police is not being permitted. In addition, the Police are not obtaining more information from other authorities in order to issue a properly founded decision.

The consequence is that the Police are conducting regrettable investigations. This situation must be corrected by the authorities that are part of the accusatory system, as well as by the superior's authorities in order to establish the guidelines to correct this malpractice.

Unfortunately, this practice is part of the transition that is taking place between the previous criminal system and the new system, which must be corrected by the authorities and the rights holders.

It is necesesary to properly train the Ministerial Police and avoid this type of situation, which has a negative impact on the owners of IP rights.

Originally published by Managing IP.

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