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.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
open litis principle, MIIP, FCTAA