In 2008, the Federal Court for Tax and Administrative Affairs
(FCTAA) created a Specialized IP Court to decide all the cases
related to IP rights, which started work in January 2009.
But whenever cases referred to arguments based on International
IP Treaties, such as the Paris Convention or TRIPS, the files were
sent to the High Bench of the FCTAA, as this Bench had exclusive
jurisdiction in this regard.
This generated two separate problems: the magistrates of the
High Bench mostly specialized in tax issues and decisions were
delayed for months, due to the Bench's backlog.
As a result the internal law of the FCTAA was amended last
month, empowering Specialized Courts to decide cases based on
At this point the only Specialized Court at the FCTAA is the IP
Court, but there are plans to open additional Specialized Courts,
starting with one on antitrust issues.
Additionally, the Federal Contentious Administrative Proceedings
Law (FCAPL) was amended to establish the "via sumaria"
(summary venue). This reform should reduce the periods provided to
parties, authorities, and the FCTAA to prosecute the nullity trial,
by establishing shorter deadlines.
At this venue, once the Court admits the trial, it has to
indicate the date to review and determine if the trial is ready for
the issuance of the decision on the merits, which cannot exceed 60
Lawsuits challenging administrative decisions going against
precedents set forth by the Mexican Supreme Court concerning
unconstitutional laws, or precedents from the High Bench of the
FCTAA, can be studied under this new venue.
The summary venue cannot be used for fines imposed for
infringement of IP rights, and therefore it will not be used in
patent or trademark infringement cases, but cancellation cases and
other decisions by the Mexican authorities with jurisdiction on IP
matters could be challenged through it.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
We are all aware of the growing importance of protecting intellectual property rights (IPR), not only to abide by international and domestic law, but also to support and foster innovation and entrepreneurship.
This judgment is seen as one solution for those who have been waiting an unreasonable amount of time to receive a decision on their trademark applications.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”