Mexican legislators have established an administrative procedure in the IP Law and Customs Law for suspending the free circulation of foreign counterfeit trademark goods that are detected at customs.
In order to comply with obligations that Mexico acquired under international treaties—specifically those under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)—Mexican legislators established an administrative procedure in the IP Law and Customs Law for suspending the free circulation of foreign counterfeit trademark goods that are detected at customs.
The Mexican IP Law and Customs Law allow the holder of a trademark registration to request the Mexican Institute of Industrial Property (MIIP)—the administrative authority that grants patents and trademarks in Mexico—to order the suspension of the free circulation of foreign goods on the presumption that such merchandise violates its IP rights. This is done through an official communication addressed to the customs authorities.
In order to request a suspension, the trademark holder must comply with various requirements established in the IP Law and Customs Law. The most important requirements are that the trademark holder:
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TRIPS, customs, anti-counterfeiting