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Information was firstly released by Diario Reforma that on
November 17th, the Senate approved a "point of
agreement" promoted by the Partido de Convergencia, which
invited the Commision of Commerce and Industrial Promotion and the
Commision of Finance and Public Credit to carry out the necessary
studies in order to assess the benefits that the adherence of
Mexico to the Madrid Protocol would provide to Mexican
enterprises.
It is important to take note that this promoted Point of
Agreement included to exhort the Executive Power to sign this
international agreement in case the analysis of these Comissions
had a positive outcome.
Questions were made to Rodrigo Roque, Director General of the
Mexican Institute of Industrial Property (IMPI) regarding this
significant situation, to which he expressed that the Madrid
Protocol is an alternative to ease the international registration
of a trademark in the countries belonging to the Protocol so the
owners of a trademark could defend it in a more expedite manner
from counterfeiting than with a normal procedure. This as well
represents a competitive advantage to the owner of the Intellectual
Property right.
He expressed as well that in order to be prepared to any changes
in the near future, he had already assigned the Federal Bureau of
Regulatory Improvement (COFEMER) to analyze the impact that this
Agreement would have in the different economic sectors in
Mexico.
He also stated that the adhesion of Mexico to this Agreement
would be very convenient because in 2015, the Asiatic block
conformed by China, Japan and India will sign the Protocol, and
therefore, Mexican companies would be able to export their goods to
those countries in a more straightforward way.
Finally, on April 25, 2012, the Mexican Senate approved the
adhesion of Mexico to the Madrid Protocol by 78 votes in favor, 0
abstentions and 0 against. After the Mexican Senate's approval
of the Madrid Protocol, a deposit for adhering Mexico to the
Protocol will be made at the OMPI.
With this action, Mexico is on its way to becoming one of the
first Latin American countries to join the Protocol. Colombia
adhered to the Madrid Protocol in May this year.
At this moment, the date when the Madrid Protocol will be in
force and effect in Mexico is uncertain.
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From the fourth quarter of 2012, the Intellectual Property environment in Mexico has been immersed in a great activity mainly characterized by two events, the incorporation of the country to the round of negotiations of the TPP and the removal of the General Director of the "Instituto Mexicano de la Propiedad Industrial".
The Brazilian Patent & Trademark Office has recently opened a new Public Consultation, this time on the draft guidelines for the examination of patent applications in the biotechnology field.
Having spent years litigating IP matters, I have shared the frustration of clients who have been forced to intervene in administrative litigation because they are being frivolously accused of having committed an administrative infringement; their trademarks have been misappropriated; or their IP rights are being attacked in an ungrounded manner, through counterclaims that are filed in response to infringement actions previously filed by the owner of the IP right.
In a suit to dismiss a notice of opposition, the plaintiffs learned the hard way the need for consistency, when the court rejected their claim because it contradicted their own stance in the inverse situation.
On April 7th, 2011 several media released the news that Jorge Amigo, General Director of the Mexican Institute of Industrial Property (IMPI) was leaving his position.
Under the prior Law of Development and Protection of the
Industrial Property in force up to June 27, 1991, trademarks,
slogans, and commercial names had a 5 year lifeterm counted from
their Legal Date.
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