[:es]Estimados colegas y amigos:
El día 13 de marzo de 2018 fue publicado en el Diario Oficial de la Federación un Decreto mediante el cual se adicionan y reforman múltiples disposiciones de La Ley de la Propiedad Industrial.
El Decreto en cuestión incorpora las Indicaciones Geográficas a nuestra legislación, mismas que son protegidas mediante un procedimiento novedoso y que incorpora elementos del trámite de registro de los signos distintivos y a la vez, se realizan sendas modificaciones al capítulo respectivo a los Diseños Industriales.
A continuación, realizaremos un breve resumen de las principales innovaciones incorporadas a nuestra legislación:
- Descargar Nota Informativa ARS 2018-001- Reformas a la Ley de la Propiedad Industrial[:en]Dear colleagues and friends:
- Inventors and designers cannot longer oppose to their right to be recognized with such character in the Patent or Design application.
- Applications of Utility Model or Industrial Designs are not subject to anticipated publishing in the Official Gazette.
- Industrial Design applications should include graphical or photographical reproductions of said design and should mention the product in which the design will be used.
- The life-term of Industrial Designs is of five years, which can be renewed for periods of the same duration for up to a maximum period of twenty-five years. Renewal applications of Industrial Designs can be filed six months prior to the life-term and registrants have a six-month grace period in order to file such renewal application.
- Geographical Indications are added to our legislation, which, according to Article 157 of our Law, are defined as follows: “Geographical Indication is the name of geographical zone or that includes said name, or other renown indication for making reference to such zone, that identifies a good as originated from said zone, whenever a determined quality, reputation or other characteristic of the good is fundamentally attributable to its geographical origin”.
- An article is added to our Law, stipulating legal bars for the declaration of protection of Appellations of Origin or Geographical Indications. Said bars
include genericity, descriptiveness and similarities or identities with other
Distinctive Signs. - Several dispositions regarding the prosecution of the protection of Appellations
of Origin or Geographical Indications have been added, including the possibility
of transforming an Appellation of Origin to a Geographical Indication and viceversa,
as well as the documents and requirements for the application. - An opposition proceeding has been added for the prosecution of the declaration
of protection of Geographical Indications and Appellations of Origin. Regarding
this regulation, the Law stipulates that any person with legal interest may file an
opposition against the declaration of protection and said person should provide
evidences sustaining their interest. The opposition, in this case, will suspend the
prosecution of the declaration of protection. - It is now mandatory to request authorization from the Mexican Industrial
Property Institute (IMPI in Spanish) to use an Appellation of Origin or a
Geographical Indication; likewise, the Law incorporates the requirements for
the application. Moreover, conditions for the revocation of the authorization are
also incorporated to the Law. - Infringement dispositions have been added, concerning violations to the
exclusive rights granted by the IP Law to Geographical Indications. - Criminal offenses have been added, which are punished with prison and fines,
to whoever violates the rights granted by the IP Law to Geographical Indications. - Furthermore, the possibility of resigning to the scope of application of the former
IP Law is regulated in all the applications of Industrial Designs, which are
currently under prosecution by IMPI, in which case, it is mandatory to file a writ
requesting such resignation within a thirty-day period after enactment of the
Decree. - Finally, registrants of Industrial Designs that are on their last year of life-term can
request renewal thereof, up to a maximum of two times, hence, their life-term
has been extended to a twenty-five year period.
On March 13, 2018, a Decree was published in the Mexican Official Gazette, where several stipulations of the Mexican Industrial Property Law (IP Law) have been amended and added.
This Decree incorporates the regulation of Geographical Indications to our legislation, which are now protected through a new proceeding that combines elements from the prosecution of Distinctive Signs and, at the same time, further amendments are made to the chapter of Industrial Designs.
We have summarized the contents of the above referenced Decree in the following bullets, for your kind reference:
The Decree sets forth that its Enactment Date will take place 30 working days
after its publication in the Mexican Official Gazette. Considering that the publication
took place on March 13, 2018, we conclude that the Enactment Date thereof is April
30, 2018, thus, on said date, and 30 days after, IMPI can receive writs requesting the
resignation of the scope of applicability of the former IP Law, as mentioned in point above.
We hope that this information proves useful, otherwise, please feel free to let us know. We look forward to receiving your further comments or questions.[:]