IP Law Amendment - Mexico
The IP Law in Mexico was amended to include implementation of preliminary injunctions in unfair competition cases to strengthen the enforcement regime. While the Law on IP contemplates a number of different industrial property rights, such as trademark registrations and patents, there are some other types of rights that have no direct or concrete protection but are enforced through unfair competition actions. In addition, there are some activities that are considered as infringement but which do not violate directly an industrial property right. For example, false or misleading comparative advertisements and acts of unfair competition.
The Preliminary injunctions are granted against the alleged infringer either before filing an infringement claim or at any time during its prosecution if the plaintiff requests a provisional injunction in writing. The Mexican Institute of Industrial Property (IMPI) may award the following injunctions against the alleged infringer:
- order to recall or block the circulation of the infringing merchandise;
- order the withdrawal of articles that have been allegedly manufactured or used and infringe the plaintiff's trademark rights;
- prohibit the commercialization or use of the infringing products;
- order the seizure of the infringing products;
- order the alleged infringer or third parties to suspend or cease all infringing acts; and
- order the suspension of the services or closure of the defendant's establishment.
In order to claim the preliminary injunction, the plaintiff must prove with any of the following evidence showing:
- the infringement of its right;
- imminent infringement of its right;
- a likelihood of irreparable damage suffered; and
- a justified fear that evidence will be destroyed, concealed or altered.
In cases of infringement to registered trademarks or patents, the law establishes a further requirement of proving the marking, meaning and the use of the sign or term patented product in order to obtain preliminary injunctions, failing which the injunction is not granted to the plaintiff.
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IPR
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