Dear Clients and Friends,
On June 28th, 2020, the Senate of the Mexican Congress sent for its vote and approval on the extraordinary period of sessions, the new “FEDERAL LAW FOR THE PROTECTION OF INDUSTRIAL PROPERTY” to take place on June 29th and June 30th, 2020. And today the Senate approved, with slight modifications, this law which has yet to be approved by the Chamber of Deputies.
The reason why this new “Federal Law for the Protection of Industrial Property” will be issued has to do with the need for Mexico to modernize its Industrial Property System in order to harmonize it with the various agreements and commitments signed by Mexico with different countries, among them: the Mexico, United States and Canada Trade Agreement (TMEC); the Free Trade Agreement between Mexico and the European Union (TLCMUE); and, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
All of these international free trade agreements contain extensive and progressive chapters on intellectual property that are prompting all signatory states to modernise their local IP laws. Therefore, the new IP Law will abrogate the existing Industrial Property Law.
The TMEC will enter into force for all parties on July 1st, 2020. MEFTA will be in force from September 1, 2020. The CPTPP was approved by the Mexican Congress in the summer of 2018, but has not yet entered into force because not all signatory states have ratified it.
Regarding the content of the new legislation, some of the major changes proposed are related with the protection of pharmaceutical patents; protection of utility models; protection of trademarks on E-commerce; multi-class trademark registrations; geographical indications and nominations of origin; infringement and unfair competition actions related to E-commerce; and remedies derived from infringement and unfair competition resolutions issued by the Mexican Institute of Industrial Property (IMPI).
This new “Federal Law for the Protection of Industrial Property” will legislate for the first time areas such as Trademarks on E-commerce; Registration of Multi-Class trademarks; Infringement and Unfair Competition Actions for Trademark Protection on E-commerce; and, Remedies related to the payment of money to the owner of an Industrial Property Right, when IMPI declares someone has committed an Infringement or an Unfair Competition Act.
As soon as the new IP Law is approved by the Congress of the Union, and prior to its publication in the Official Gazette of the Federation, we will prepare and send you a memorandum with comments on the most significant changes of the new era of Intellectual Property in Mexico.
If you have any questions or comments regarding the above, please do not hesitate to get in touch with your usual contact at the Firm.