While the new laws make numerous changes to Mexico’s intellectual property framework, the most substantial change is that a declaration of use must now be filed for all trademark registrations within three months of the third anniversary of the registration date. So, for example, if a trademark is registered on Jan. 1, 2021, a declaration of use must be filed before April 1, 2024. This new rule is applicable to all registrations granted after Aug. 10, 2018. A declaration of use must also be filed when a trademark owner seeks to renew its registration. If the trademark owner does not prove use of the mark in Mexico in the appropriate manner and timeframe, the owner will be considered to have waived and renounced its trademark.
Among the most relevant changes in this new Federal Law for the Protection of Industrial Property in Mexico is the one contained in Article 214 (formerly 113 of the former Industrial Property Law), which stipulates additional requirements for the filling forms when submitting a new trademark application, such as “the description of the mark” and Article 216 which stipulates that “the graphic elements that are not part of the mark must be indicated by dashed or dotted lines on its representation”. These new requirements will be applicable for trademarks filed from November 5, 2020.
1.Aspectos generales de los signos distintivos、
2.Semana de la Protección a la Propiedad Intelectual 2020
Instituto Mexicano de la Propiedad Industrial – IMPI | Oficinas Administrativas 1/3
Ley Federal de Protección a la Propiedad Industrial
On 30 June the House of Representatives voted and approved 3 decrees whereby (1) A new Federal Law for the Protection of Industrial Property is enacted, (2) Federal Copyright Law is amended; and, (3) Federal Criminal Code is also amended in connection with offenses against Intellectual Property.
The United States, Mexico, and Canada have reached an agreement on a modernized, high-standard Intellectual Property (IP) chapter that provides strong and effective protection and enforcement of IP rights critical to driving innovation, creating economic growth, and supporting American jobs.
Key Highlights: Protections for United States Innovators and Creators
The new IP Chapter will:
- Require full national treatment for copyright and related rights so United States creators are not deprived of the same protections that domestic creators receive in a foreign market.
- Continue to provide strong patent protection for innovators by enshrining patentability standards and patent office best practices to ensure that United States innovators, including small- and medium-sized businesses, are able to protect their inventions with patents.
- Include strong protection for pharmaceutical and agricultural innovators.
- Require a minimum copyright term of life of the author plus 70 years, and for those works with a copyright term that is not based on the life of a person, a minimum of 75 years after first authorized publication.
- Require strong standards against the circumvention of technological protection measures that often protect works such as digital music, movies, and books.
- Establish appropriate copyright safe harbors to provide protection for IP and predictability for legitimate enterprises that do not directly benefit from the infringement, consistent with United States law.
- Provide important procedural safeguards for recognition of new geographical indications (GIs), including strong standards for protection against issuances of GIs that would prevent United States producers from using common names, as well as establish a mechanism for consultation between the Parties on future GIs pursuant to international agreements.
- Enhance provisions for protecting trademarks, including well-known marks, to help companies that have invested effort and resources into establishing goodwill for their brands.
Key Achievement: Most Comprehensive Enforcement Provisions of Any Trade Agreement
For the first time, a trade agreement will require all of the following:
- Ex officio authority for law enforcement officials to stop suspected counterfeit or pirated goods at every phase of entering, exiting, and transiting through the territory of any Party.
- Express recognition that IP enforcement procedures must be available for the digital environment for trademark and copyright or related rights infringement.
- Meaningful criminal procedures and penalties for unauthorized camcording of movies, which is a significant source of pirated movies online.
- Civil and criminal penalties for satellite and cable signal theft.
- Broad protection against trade secret theft, including against state-owned enterprises.
Key Achievement: Strongest Standards of Protection for Trade Secrets of Any Prior FTA
In particular, the Chapter has the most robust protection for trade secrets of any prior United States trade agreement. It includes all of the following protections against misappropriation of trade secrets, including by state-owned enterprises: civil procedures and remedies, criminal procedures and penalties, prohibitions against impeding licensing of trade secrets, judicial procedures to prevent disclosure of trade secrets during the litigation process, and penalties for government officials for the unauthorized disclosure of trade secrets.
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