Getting the Deal Through – Patents 2012

by César RamosAlejando LunaJuan Luis Serrano & Erwin Cruz

Patent enforcement proceedings

1 Lawsuits and courts

What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

The only competent authority to hear and decide a patent infringement suit is the administrative authority known as the Mexican Institute of Industrial Property (the IMPI). The IMPI is located in Mexico City; it operates there and in five other Mexican cities. Consequently, administrative infringement suits are always heard in the first instance by an administrative authority. Appeals against the IMPI decisions can be brought either before a specialised IP section of the Federal Court for Tax and Administrative Affairs (SEPI), or before federal district judges. Decisions by either court can be appealed in a final stage before federal circuit courts.

After an infringement has been declared beyond shadow of appeal, the plaintiff may pursue a civil action for damages. The plaintiff must choose a federal or state court unless the patent infringement affects government interests, in which case jurisdiction will be granted to a federal court. The plaintiff will have to follow the rules established in the Code of Civil Procedure to determine the judge with proper jurisdiction…

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