Mexico – Designs, Patents & GIs: IP Law amendments enter into force 13 April

The most notable points of these amendments, regarding industrial designs and patents, as well as denominations of origin and geographical indications, are:

Industrial Designs

• Referring to the creator with the term “designer”, previously “inventor”.
• Specific provisions regarding “independent creation” and “significant degree”, both related to novelty requirement.
• Changing the duration of protection to 5 years, renewable by successive periods of 5 years – up to a maximum of 25 years, subject to payment of official fees.
• Monitoring expiry of the registration, when it is not renewed within the periods set by the Law.

Patents

• Shortening of the deadline from 6 to 2 months for the reception of information, from any person, regarding the fulfilment of novelty and inventive activity of a patent application.

Patents, utility models and industrial designs

• Recognition, as an inalienable right, the mentioning of the inventor/designer, in the publication of the application and the registration.
• Implementation of the publication in the Gazette of applications for utility models and industrial designs once accepted at formal examination.
• Implementation of the publication of divisional applications for patents, utility models and industrial designs.
• Consultation of pending application files of patents, utility models and industrial designs, once published in the Gazette.

Appellation of Origin and Geographic Indications

• The definition of appellation of origin is modified, taking into account the inclusion of geographical indications.
• A common procedure for the applications of declaration of protection to appellations of origin or geographical indications, as well as for their authorization of use has been set up.
• Inclusion of provisions for the cessation of the effects of declarations and authorizations for use.
• New provisions for the recognition in Mexico of appellations of origin and geographical indications, protected abroad, are incorporated.
• New administrative infringements considering the production, storage, transportation, distribution or sale of products of national origin without certification to the denomination of origin or geographical indication and its Official Mexican Standard as a crime, if the purpose is to obtain an economic benefit; a crime that will be prosecuted through a lawsuit, punishable by imprisonment of three to ten years and a fine of two thousand to twenty thousand units of measurement and update (UMA Unidad de Medida y Actualización).

Authored by Bernardo Herrerias Franco and Alfredo Pineda Niet0