November 3, 2020
The new Federal Law for the Protection of Industrial Property includes several changes regarding administrative infringements, with the following being the most relevant:
Currently, violations involving industrial secrets can only be pursued and sanctioned through criminal actions. However, the introduction of these new infringement causes opens the door for the legal holders of trade secrets to pursue the violations thereof, either through criminal, administrative or civil actions.
Furthermore, the part of the former law expressly indicating that the commission of this infringement action constituted unfair competition, has been suppressed.
Nevertheless, these last two actions are still penalized through the imposition of a fine, as set forth in the chapter dealing with “inspections” in the new law.
It is expected that these changes will have a positive impact in the enforcement of IP rights in the Mexican legal system, since now IP holders will count on more and better tools to prevent third parties from infringing their exclusive rights.