IMPI drags its heels over PCT priority rights restoration

The Mexican Institute of Industrial Property (IMPI) filed reservations about the application of the legal doctrine “restoration of right of priority” with the World Intellectual Property Office (WIPO). The IMPI, which is both a receiving and designated office, said it does not apply the benefits of rule 49ter.

It is important to mention that Mexico’s legislation on industrial property does not account for the restoration of right of priority doctrine. However, although our legislation is silent about this doctrine, it does not mean that the concept cannot be introduced or is necessarily incompatible with domestic laws.

If we review the subsections g) of rule 49ter.1 and h) of rule 49ter.2, we see that: “If on October 5, 2005 the paragraphs a) to d) and a) to g) thereof were not compatible with the national law applied by the designated office, those paragraphs would not apply in respect of that office for as long as they continued not to be compatible with that law, provided that said office (in this case IMPI) informed the International Bureau accordingly by April 5, 2006.”