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New Mexican Industrial Property Law Is Proposed

Author:Mr Héctor Chagoya
Profession:Becerril Coca & Becerril

In late 2019, the discussions on the United States -Mexico - Canada Agreement (USMCA) and the protocol that modified it under pressure from the Democrats took place. The Mexican Senate ratified it on December 12 2019 and the US Congress on January 16 2020.The process in Canada is likely to take place in the following months and the USMCA might be enacted by the middle of 2020, including the intellectual property provisions.

In this context, a fully new industrial property law (IPL) was proposed in the Mexican Senate. The Mexican Institute of Industrial Property (IMPI) supported the announcement. Although it was stated that one of the reasons behind the proposed law is to implement the USMCA's provisions, these provisions actually comply with practice undercurrent Mexican law, at least for inventions (though there are a few issues which will be discussed in this article). The proposed new law has a more ambitious objective than simply updating Mexican patent law to keep it in line with new trends in technology.

The bill is comprehensive and covers all aspects of industrial property rights, but only the provisions affecting inventions will be addressed below.

The pathway

From 2018 onwards, there have been several reforms to the Industrial Property Law (IPL) that have caused an impact on patent and design prosecution practices. It was known that the reforms to the IPL enacted then were only those that were urgently needed for consistency with the Hague Agreement Concerning the International Registration of Industrial Designs(The Hague Designs System) into which Mexico had been incorporated, the acquired obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the ongoing negotiations with the European Community, the USA and Canada, and the European Free Trade Association (EFTA)

However, a more comprehensive reform to the IPL that required more time and work was still needed. With the change in political environment that came along with the presidential election of 2019, the new IMPI director, Juan Lozano, sped up the process of the change in the law through one of the senators of the governing party MORENA, Senator Ernesto Perez-Astorga. Senator Perez-Astorga submitted a new bill for substituting the current IPL before the Chamber of Senators on November 14 2019, a submission which was announced on November 11 2019 with full support from the IMPI. Almost at the same time, another senator of the...

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