From the fourth quarter of 2012, the Intellectual Property (IP) environment in Mexico has been immersed in a great activity mainly characterized by two events: a) the incorporation of our country to the round of negotiations of the TPP (Trans-Pacific Partnership) and b) the removal of the General Director of the "Instituto Mexicano de la Propiedad Industrial" (IMPI by its Spanish acronyms).

The TPP, as it is well known to everyone, is a proposed free trade agreement, which at present is under negotiation. Mexico started its participation in the round of discussions in October 2012, and as of March 2013 twelve countries are participating actively in the negotiations. Four countries have signed the agreement (Brunei, Chile, New Zealand and Singapore as original signatories in June 2005), and eight additional countries have been incorporated in the course of time into the negotiations (the United States in February 2008; Australia, Peru, and Vietnam in November 2008; Malaysia in October 2010; Mexico and Canada in October 2012; and, Japan in March 2013).

One of the most sensitive and important items of this treaty is the chapter on Intellectual Property, because of the implications it may have on genetic modification, anti-counterfeiting, copyrights (mainly internet-online communications) and the access to medicines (the possible limitation of generics).

According to the experts, due to the complicated situation on the IP issues, it is highly unlikely that negotiations on this field will be completed on October 2013, as suggested by the agreed deadline for the signing of the agreement. It is more likely that the negotiations on intellectual property matters will go through 2014.

With the election of a new President in Mexico and the consequent designation of new officers in the government, a new General Director of the IMPI was appointed at the beginning of this year (January 2, 2013).

The new designated Director General of the IMPI is Miguel Angel Margain, a brilliant lawyer and expert on Industrial Property matters, whose background has been developed mainly in the private practice. Miguel Angel Margain has arrived with the task of refreshing and strengthening the practice and the legal aspects of the IMPI, with the purpose of maintaining the Mexican Patent Office as a fundamental organism for Mexico's development and competitiveness regarding Industrial Property in the world.

Now that he is in charge of the IMPI guidance and under the new circumstances, Miguel Angel Margain has adopted his first decisions and has carried out some changes in the organic structure of the IMPI. He has appointed three new leaders in the following fundamental areas:

  • Mrs. Nahanny Canal-Reyes as the new Divisional Director of the Patents Area;
  • Mrs. Luisa Irely Aquique-Pineda as the new Divisional Director of the Intellectual Property Protection Area;
  • Mr. Theodore Schultz Hoeflich as the new Strategic Planning Coordinator.

These two new Divisional Directors and the Strategic Planning Coordinator have a solid background on Industrial Property Matters, particularly in areas related to those now being appointed and will come to strengthen the group of officers, who will contribute to meet the objectives set by the current General Director of IMPI.

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