Amendments to the Mexican IP legal framework due to USMCA / IP Authorities legal deadlines and terms

 Professional related: Alejandro Díaz , Claudia Gutiérrez , Claudia Ramírez   |      July 1st, 2020

Updates to the Mexican Intellectual Property Legal Framework arising from the United States-Mexico-Canada agreement (“USMCA/T-MEC”)

The Mexican Congress approved the new Federal Law for the Protection of Industrial Property that abrogates the Industrial Property Law.

• Likewise, the Congress approved the amendments to the Federal Copyright Law and the Federal Criminal Code, to comply with the provisions from the Intellectual Property chapter of the USMCA/T-MEC.

• The Federal Law for the Protection of Industrial Property will enter into force 90 working days after its publication in the Official Gazette of the Federation, which is still pending.

• The amendments to the Federal Copyright Law and the Federal Criminal Code will enter into force the day after their publication in the Official Gazette of the Federation, which is still pending.

• The new Federal Law for the Protection of Industrial Property and the amendments to the provisions of the Federal Copyright Law and the Federal Criminal Code are subject to analysis by our experts in a separate communication.

MEXICAN TRADEMARK AND PATENT OFFICE

• The Mexican Trademark Office (“MTO”) has announced that it will resume its activities as of July 6, 2020.

• The public that needs to enter the MTO’s facilities must comply with the health protocol available on the website www.gob.mx/impi.

• The filing of briefs and motions at MTO’s facilities will be from 9:00 am to 4:00 pm.

• The review of files, as well as the attention to the public for queries and hearings, will be carried out online.

• Legal deadlines and terms will be running again on July 13, 2020.

• In such regard, the writs and applications filed during July 6, 7, 8, 9, and 10, 2020, shall be considered as legally filed on July 13, 2020.

MEXICAN COPYRIGHT INSTITUTE EXTENDED THE SUSPENSION PERIOD FOR ALL DEADLINES.

• Mexican Copyright institute remains closed for public and legal deadlines and terms are still suspended until further notice.

FEDERAL COURT OF ADMINISTRATIVE JUSTICE- SPECIALIZED INTELLECTUAL PROPERTY HIGH COURT

• The Federal Court of Administrative Justice extended the suspension of jurisdictional activities until July 15, 2020; those days shall be considered as non-working days, thus, there will be no deadlines or terms. FEDERAL CIRCUIT COURTS AND FEDERAL DISTRICT COURTS • The Federal Judicial Council’s work scheme and contingency measures implemented during the public health emergency will continue until July 15, 2020.

 

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