New rules came in force to speed timeframes in administrative appeal proceedings

by Alejandro LalejandnaJuan Luis Serrano & Erwin Cruz

August 12, 2011
Amendments to the Federal Contentious Administrative Proceedings Law (FCAPL) came in force on August 8, 2011, establishing (i) the “via sumaria”, a fast track venue for administrative appeals and (ii) the beginning of operations for the online prosecution system. The FCAPL regulates the appeal proceedings against decisions by federal administrative authorities.

These new procedural rules impact the IP area as administrative decisions by the Patent and Trademark Office in Mexico (IMPI) and the Mexican Copyright Office (INDAUTOR) issued on the prosecution and litigation of IP rights are contestable through said appeal proceeding, which is aimed to be expedited by the online and fast track proceedings.

The fast track venue will reduce the lengthy periods provided to the parties and the before the Federal Court for Tax and Administrative Affairs (FCTA) during the prosecution of appeals by establishing shorter deadlines.

Through this venue, the Court admits the appeal and sets a date when the trial should be ready for the issuance of a decision, within the next 60 days working after admission.

This new venue is available to challenge taxes, fines and specific decisions of administrative authorities issued against the jurisprudence by the Supreme Court determining unconstitutionality of statutory provisions, or jurisprudence by the High Bench of the FCTA.

Additionally, the online system of the FCTA also initiated operations this month, August 2011.

This online system allows parties to promote and follow all stages of the appeal by internet, from the filing of the initial brief up to the issuance of the corresponding decision.

The main objective of this system is to obtain a quicker prosecution, including electronic serving of motions and decisions to authorities and parties that previously agreed to follow the proceeding online.

The Mexican IP system should be benefited from the implementation of the fast track venue and the online system, as prompt justice is always desirable. Our Firm will follow-up these two new procedural rules to monitor the practical benefits of its implementation.