SUPREME COURT DETERMINES THAT THE RESERVATION OF THE MEXICAN STATE TO THE REGULATIONS OF THE PATENT COOPERATION TREATY IS CONSTITUTIONAL Read more...
Last Friday, October 4, 2024 was published in the Judicial Weekly of the Federation the jurisprudence thesis with digital registry 2029421, in which the Second Chamber of the Supreme Court of Justice of the Nation confirmed the constitutionality of the reservation made by Mexico to Rule 49.6 of the Regulations of the Patent Cooperation Treaty (PCT).
The controversy arose when the Mexican Institute of Industrial Property considered a patent application withdrawn for having been filed outside the 30-month term established in the PCT. The applicant company tried to invoke Rule 49.6, which allows the extension of the term, but such rule had been subject to a reservation by the Mexican State, which led the company to question its constitutionality.
The Court ruled that the reservation is constitutional, since Rule 49.6 does not impose new substantive obligations on the Mexican State, but is an administrative modification related to the execution of the treaty. Therefore, it does not require the approval of the Senate for its incorporation into the national legal framework. In addition, the rule allows countries not to apply the extension of deadlines if it is incompatible with their domestic legislation, which justifies the reservation.
THE ANTHEM OF MEXICO CITY IS OFFICALLY PUBLISHED Read more...
On October 2, 2024 the Decree by which the lyrics and score of the Anthem of Mexico City were published in the Official Gazette of Mexico City. It was declared as a Symbol of Cultural Identity of the original people and its inhabitants.
NEW GENERAL DIRECTOR OF IMPI APPOINTED Read more...
As of October 10, 2024 the Mexican Institute of Industrial Property will be headed by Santiago Nieto Castillo as its new Director General, following his approval by the Board of Governors.
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.