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.
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In accordance with the Mexican
Patent and Trademark Law in Mexico, in order to maintain patent,
industrial design, and utility model registrations in force through
their life terms, the payment of maintenance fees is necessary.
The subject matter of this short article is related to the fact that during the patent specialists course I was able to acquire a better overview on how infringement by equivalence is applied in other countries, mainly, in Japan.
It is widely known that the methods for the treatment of the human or animal body by means of therapy are excluded from patentability in most legislations around the world, and the Mexican law is not the exception.
Under the Mexican Trademark Law there is no obligation to use a trademark until renewal time is reached in the 10th year as of the filing date of the registration to be renewed and when filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.
The Brazilian patent system is one of the oldest: it was created more than 200 years ago, in 1809, by royal decree.
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