Newsletters and Bulletins / February 2002 / Mexico |
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Mexico - Change in Intellectual Property Litigation Procedure As noted in our Guide to Patent Litigation in Mexico, civil proceedings in Mexico for enforcement of intellectual property rights normally require a two step procedure before one can obtain damages. First it is first necessary to obtain a ruling from the Mexican Industrial Property Office that infringement has occurred. Once this ruling is obtained, one can take it to a district court having jurisdiction over the defendant and ask that court for an award of damages. The Superior Court of the Federal District (that is Mexico City) has now ruled that this two step approach may not be required, at least if the defendant is within the jurisdiction of the district court in Mexico City. The Superior Court held that in principle one who has suffered damage as a result of infringement of an intellectual property right has the right to seek immediate redress from the court without the need for a prior determination of infringement by the Industrial Property Office. Whether courts in other parts of Mexico will follow this ruling and exactly how willing the courts will be to take on intellectual property matters involving complex issues or complex technology without guidance from the Industrial Property Office remains to be seen. |
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