The use of the ‘open litis principle’ in Mexico favours the party that challenges an administrative IP decision. IP rights holders should approach this type of appeal with caution, explains Carlos Hernández.
The use of the ‘open litis principle’ in Mexico favours the party that challenges an administrative IP decision. IP rights holders should approach this type of appeal with caution, explains Carlos Hernández.
The Mexican Institute of Industrial Property (MIIP) is the administrative authority that prosecutes and grants patents, utility models, industrial designs, trademarks, commercial names and slogans, as well as every kind of industrial property right covered by the Industrial Property Law. It also resolves, through an administrative proceeding conducted as a full trial, litigation matters related to IP rights, as well as infringement actions against copyright infringers.
In order to defend the interests of IP rights holders and parties to IP litigation from a groundless or illegal decision issued by MIIP, the applicable law foresees that any decision issued by an administrative authority, such as MIIP, can be subject to a further review, by filing a legal remedy or by filing for a corresponding judicial trial.
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open litis principle, MIIP, FCTAA
