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Still In The Ballgame

Author:Mr Begoña Cancino
Profession:Becerril Coca & Becerril
 
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On November 21, 2007, the Mexican Deputies voted, on a first

stage of approval, in favor of amendments in the Federal Law on

Administrative Procedure, which exclude Industrial Property

matters from its scope. The Federal Law on Administrative

Procedure formerly allowed interested parties to appeal the

decisions issued by the Mexican Institute of Industrial

Property (MIIP) including rejections of distinctive signs,

litigations related to trademarks, copyrights and inventions,

etc., through the Review Recourse or through the Nullity Trial,

prosecuted and decided, in turn, by the Federal Court of Tax

and Administrative Affairs ("FCTAA").

The amendments proposed rely on Section 1 of the Federal Law

on Administrative Procedure as follows:

(Text in force)

Article 1. The provisions of this law are of public

order and interest, and shall be applied to the acts,

procedures and resolutions of the centralized Federal

Public Administration, without detriment to the

provisions of International Treaties to which Mexico is a

party.

The present law shall not be applicable to matters

regarding fiscal, financial, accountability of public

servants, electoral, economic competition, agrarian

justice and labor affairs, as well as to the Office of

the Public Prosecutor of the Federation in the exercise

of its constitutional functions.

For the purposes of this Law only fiscal matters are

excluded when it is a question of the contributions and

accessories stemming directly from the former.

(Text pending to be approved)

Article 1. The provisions of this law are of public

order and interest, and shall be applied to the acts,

procedures and resolutions of the centralized Federal

Public Administration, without detriment to the

provisions of International Treaties to which Mexico is a

party.

The present law shall not be applicable to matters

regarding tax matters, industrial property, and

accountability of public servants, agrarian justice and

labor affairs, neither to the Office of the Public

Prosecutor of the Federation in the exercise of its

constitutional functions. In relation with

economic competition, unfair practices in international

commerce and financial matters, will only be applicable

to title 3a).

For the purposes of this Law only tax matters

are excluded when it is a question of the contributions

and accessories stemming directly from the former.

It comes to our attention that the amendments only suggest

to exclude Industrial Property matters (namely...

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