New Industrial Property Law.

On November 5, the new Industrial Property Law (Federal Law for the Protection of Industrial Property) was published in the Official Gazette of the Federation, which entered into force from that moment.

It should be noted that cases that have been filed prior to November 5, 2020, will be resolved in accordance with the provisions of the previous Law.

Below, we share with our readers some of the most relevant aspects.

-SUBSTANTIATION OF THE PROCEEDINGS.

The process that has been started online, will have to be completed in the same way. Likewise, the process initiated in person at the facilities of the Mexican Institute of Industrial Property (IMPI), will culminate its actions in this way.

– NOTIFICATIONS THROUGH THE OFFICIAL GAZETTE OF IMPI.

At this time, when the use of technology has become vital literally speaking, the new Industrial Property Law provides that the official means of notifications for all procedures that are aired before the IMPI, will be the OFFICIAL GAZETTE of the Institute.

There shall be no official means of notification (electronic) other than through the GACETA.

– THE STATUS OF THE PROCEEDINGS IS UPDATED ON THE 15th AND LAST OF THE MONTH.

As a new provision, and since the notifications of cases pending before the authority will be through the GACETA, the update of the cases will be on the fifteenth and last of each month.

-UTILITY MODELS.

They will have a new validity of 15 years (before it was 10 years).

–INDUSTRIAL DESING.

Its duration will be 5 years, renewable up to 25 years.

–PATENT.

They shall be valid for 20 years without extension.

–USE LICENSE.

It is no longer necessary to register usage licenses. With the drawing up of a contract between the parties, it will be sufficient evidence to prove the use of a mark by someone other than the proprietor.

In Bandala | Díaz | García we have extensive experience in Intellectual Property issues and we remind you that: if a single brand you want to have, registering it is what you have to do.

LEGAL NOTICE

The main purpose of this information is to provide guidance to the general public. It does not replace the provisions of applicable law. Nor does it replace the specialized legal advice or consultancy that can be offered by any of the lawyers and/or accountants of Bandala | Díaz | García