January 6, 2016
On June 2016, the Code for Contentious Administrative Federal Proceedings (LFPCA) was amended. The LFPCA is applied by the Federal Court for Tax and Administrative Affairs (FCTA) and its specialized Benches for IP and Regulatory matters. The code sets out the procedure for challenging any administrative acts or decisions issued by agencies within the federal government, such as the Mexican Patent Office (IMPI), the National Institute of Copyright (INDAUTOR) and the Federal Commission for the Protection against Sanitary Risks (COFEPRIS). The recent amendments are aimed at reducing the length of administrative litigation.
The key amendments include:
These reforms are already in force in Mexico; therefore, precautions must be taken in order to avoid missing deadlines and potentially forfeiting rights. The effectiveness of the reduced timeframes for litigation should be evident in the coming months, as they are already in force. We will update clients accordingly as this development unfolds.