Nov – 03 – 2020
Among the most relevant amendments in the new Federal Law for Protection of the Industrial Property, we find the one regarding the implementation and the lifting of preliminary injunctions.
With the former law, it was enough that, on one hand, the person requesting the implementation of preliminary injunction alleged a violation of its IP right and posted a bond I order to obtain their implementation and, on the other hand, the person against whom the injunctions were implemented, exhibit a counter-bond to obtain the lifting of said injunctions.
Now, with this new law, the implementation and the lifting of preliminary injunctions will no longer proceed automatically with the exhibition of a bond or a counter-bon. Now IMPI is bound to assess whether or not the implementation or the lifting of the preliminary injunctions proceeds, considering the probability of the alleged claim (prima facie case) and the elements provided by the parties, as well as the possibility of affecting the public order and the common good.
We trust that these amendments will have a positive impact in our legal system, since the ponderation exercise that now has to be carried out by IMPI, should bring more legal certainty in connection with the possible implementation or lifting of the injunctions, not being subject said issue anymore, to the mere posting of a bond or a counter bond.