Changes in the industrial property laws

To Our Clients and Friends:

Due to the entry inforce of the new Treaty with The United States – Mexico–  Canada on July 1, 2020 and for the purpose of adjusting the legal framework of the subject  matter, the following was published in the Official Federal Gazette on the abovementioned date:

  • A new Federal Law over the Protection of Industrial Property, which replaces the Industrial Property Law;
  • Amendments to the Federal Law of Copyrights;
  • Amendments to the Federal Criminal Code.

 Some of the most outstanding changes are:

  • During a trademark application process, the interested party will only be called for in one occasion, with form and substance observations;
  • The 10 year term granted to both the trademarks and the trade names and notices, will initiate as of the date of its issuance, unlike the previous law, which initiated as of the date of the filing of the corresponding application;
  • The registered trademarks and patents may be partially appealed;
  • It will no longer be necessary to register licensing agreements for patents or registrations;
  • Regarding Designations of Origin, it will be grounds for annulment, the non-compliance with provisions contained in the applicable Mexican Official Rules;
  • The term for Utility Models in the previous law was 10 years and now through the new law, it has been extended to 15 years;
  • With regard to patents, those that are for second medical use will be allowed to be registered and the "Bolar Waiver" is included, which allows generic drug manufacturers to advance the requirements for the commercialization of patents when they have expired.
  • The figure of "mediation" to resolve the interests of those involved in a dispute has been included;
  • In copyright matters, copyright infringing content may be requested to be removed from online service providers;
  • In accordance to the Federal Criminal Code, the conduct called "camcording", which consists of recording a cinematographic work on display for later transmission or copying has been typified as a felony.

The Federal Law on the Protection of Industrial Property will enter into force 90 working days after its publication on the Federal Official Gazette; changes to the Federal Copyright Law and the Federal Criminal Code became effective the day after its publication.

Best regards,

Manolo Pasero

Pasero Abogados, S.C

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Tijuana B.C., Mexico

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(+52) 664 686 5557

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