IP authorities in Mexico, suspension of deadlines and terms

 Professional related: Alejandro Díaz , Francisco Ibáñez   |      May 8th, 2020

MEXICAN TRADEMARK AND PATENT OFFICE SUSPENDS ACTIVITIES.

The Mexican Institute of Industrial Property (“IMPI”) extended the suspension of all deadlines from March 24th to May 30th, 2020, due to force majeure reasons. In addition, to implement the preventive measures ordered by the Ministry of Health, IMPI suspended its activities from March 27th to May 30th, 2020. The deadlines will become effective at the next working day that the suspension is concluded. Since April 16th, 2020 it is possible to file online trademark applications and to sign electronically briefs at IMPI’s platform. The Institute may summon strictly necessary personnel for the following:

I. Addressing urgent matters related to the administration of the Entity or any type of diligence that is necessary to contribute to mitigate the effects of the pandemic.

II. Ordering the suspension of the free circulation of goods from foreign countries in customs.

III. Ordering the suspension of provisional measures executed within an administrative infringement proceeding.

MEXICAN COPYRIGHTS INSTITUTE SUSPENDS TERMS AND DEADLINES

Due to force majeure, deadlines, terms, hearings and settlement meetings, notifications, official requirements and filing of briefs, as well as all kind of proceedings followed with the Mexican Copyrights Institute will be suspended until May 29th, 2020. This suspension will be deemed as non-business day, hence during this period there will be no deadlines in the proceedings followed with the Mexican Copyrights Institute. No requests nor briefs will be received at the Mexican Copyrights Institute, except those that refer to the receipt of proceedings for the services offered as an extraordinary administrative measure. The procedure for receiving these can be consulted on its website.

FEDERAL COURT OF ADMINISTRATIVE JUSTICE- SPECIALIZED INTELLECTUAL PROPERTY HIGH COURT

The Federal Court of Administrative Justice extended the suspension of jurisdictional activities for the period from May 06th to May 29th, 2020, therefore, those days shall be considered as non-working days, thus, there will be no deadlines or terms. The Jurisdictional Plenary and the Sections of the Superior Chamber will conduct the sessions at a distance on a regular basis during the month of May, through the video conference system, regarding the issues that are projected; enabling for this purpose the hours, terms and deadlines that are necessary. Temporary on duty Courts are designated to solve only urgent requests that cannot be delay for

(i) precautionary measures proceedings or

(ii) for suspension of the challenged rulings’ effects. Sessions may be held virtually by the General Plenary, Jurisdictional Plenary and Sections of the Superior Chamber; and, the Government and Administration Board, by means of technological resources. Despite the suspension of deadlines and terms the Federal Court of Administrative Justice shall admit the filing of urgent proceedings and shall proceed with the Courts on temporary duty to serve by means of the jurisdictional bulletin, except for those cases in which the interested party attends to be personally served at the Court’s premises. The Court’s Regional Chambers are instructed that in regards to notices sent before the issuance of Official Agreement SS/10/2020 that suspended the deadlines, that the notifications made by means of the jurisdictional bulletin shall be deemed to have been made, until the suspension of deadlines are concluded.

FEDERAL CIRCUIT COURTS AND FEDERAL DISTRICT COURTS The Federal Judicial Council the suspension of activities until May 30th, 2020. Additionally, the Federal Judicial Council established the work scheme and the contingency measures to be implemented by the Federal Courts due to the public health situation caused by the COVID-19, during the period from May 6th to 31st, 2020, which is as follows: I. Resolution of urgent cases: Only new cases that are qualified as urgent will be processed, whether they are filed physically or through the online trial platform.

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