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Decree on Amendments and Additions to a Number of Provisions of the Law on Industrial Property (published in the Official Journal of the Federation on March 13, 2018), Mexico
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Latest Version in WIPO Lex
Year of Version
2018
Dates
Entry into force:
April 27, 2018
Published:
March 13, 2018
Issued:
February 28, 2018
Type of Text
Main IP Laws
Subject Matter
Geographical Indications
Notes
The notification by Mexico to the WTO under article 63.2 of TRIPS states:
'The following changes have been made to the Industrial Property Law: Amendments to Article 2, subparagraph V; Article 6, subparagraph III; Article 7 bis 2, second paragraph; Article 13; Article 30; Article 33, subparagraphs I and II; Article 36, first paragraph; Article 37; Article 44; Article 52 bis, first paragraph; Article 80, subparagraph III and last paragraph; Article 90, subparagraph X; Title V, in its name and the names of its component chapters and in the articles it comprises, which shall be as follows: TITLE V, 'Appellations of Origin and Geographical Indications', consisting of Chapter I, 'General Provisions' (comprising Articles 156 to 164), Chapter II, 'Procedure for Grant of Protection' (comprising Articles 165 to 165 bis 13), Chapter III, 'Authorization of Use' (comprising Articles 165 bis 14 to 165 bis 25), Chapter IV, 'Grants of Protection and Authorizations of Use Ceasing to Have Effect' (comprising Articles 165 bis 26 to 165 bis 30), and Chapter V, 'Recognition of Appellations of Origin and Geographical Indications Protected Abroad' (comprising Articles 166 to 178); Article 186, first and second paragraphs; Article 213, subparagraphs XXII, XXIX and XXX; Article 214, subparagraphs I and II; Article 223, subparagraphs V and VI; Article 223 bis; Article 224; Article 229, first paragraph; Addition of Article 13, second paragraph; Article 30 bis; Article 32 bis; Article 36, second paragraph, with the current second paragraph becoming the third paragraph; Article 36 bis; Article 37 bis; Article 80, subparagraph IV; Article 213, subparagraphs XXX, XXXI and XXXII, with the current subparagraph XXX becoming subparagraph XXXIII; Article 223, subparagraph VII and second and third paragraphs, with the current second paragraph becoming the fourth paragraph.
A specific regime is expressly introduced for geographical indications. It parallels the existing regime, provided for under the legislation, on appellations of origin and sets out the procedure for grants of protection for geographical indications.
The status of inventor and/or designer is made inalienable in applications for patents or for the registration of industrial drawings, designs and/or models. The period of protection for industrial drawings, designs or models is reduced from a 15-year non-renewable period to a five-year renewable period, with the total period of protection not to exceed 25 years.
Rules are set forth to govern priority among patents related to each other, and the opposition period for patent applications is reduced.
A one-month opposition period, which may not be extended, is established for trademark registrations, and increased criminal penalties are instituted for the offense of trademark counterfeiting.'
Available Texts
Main text(s)
Main text(s)
Spanish
Decreto por el que se reforman y adicionan diversas disposiciones de la Ley de la Propiedad Industrial (publicado en el Diario Oficial de la Federación el 13 de marzo de 2018)
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Legislation
Amends (1 text(s))
Amends (1 text(s))
WTO Document Reference
IP/N/1/MEX/16
IP/N/1/MEX/I/13
WIPO Lex No.
MX195