Mexican Intellectual Property Information – Administrative Penalties

Mexico’s Industrial Property Law has continuously adapted in order to become more effective. There is a newcause of action that may be brought against a party claiming to have an exclusive right to a patent, as provided ina decree published on June 18, 2010, which amends and adds various articles to Mexico’s Industrial PropertyLaw. The new cause of action can result in administrative penalties against parties holding patent or licenserights and file infringement proceedings in a matter in which a final, non-appealable decision was previouslyrendered. Article 213 of the mentioned law refers to this new cause of action in section XXVII, which reads:Article 213.- Administrative penalties apply:…XXVII.- When the title holder of a patent or its licensee, user or distributor, files infringementproceedings against one or more third parties, after the [Mexican Industrial Property Institute] hasruled on such matter in a previous administrative proceeding that concluded with a final judgmentruling on the inexistence of the claimed infringement…