AMENDMENTS
TO THE MEXICAN
INDUSTRIAL PROPERTY LAW
aPR/16/2018
 
On March 13, 2018, the decree was published in the Official Journal of the Federation to amend and include various provisions to the Mexican Industrial Property Law (“MIPL”).

The relevant points are the following:
 
  Addition of Geographical Indications (“GI’s”) along with the Appellations of Origin.
 
The MIPL in its article 157 refers to this as follows:

"Geographical Indication means the name of a geographical area or one that contains said name, or another indication known to refer to said area, that identifies a product as originating therein, when certain quality, reputation or other characteristic of the product is fundamentally attributable to its geographical origin".

This figure will allow the consumer public to be certain that they are acquiring a typical product from the geographical area that has the reputation of having developed it, thereby providing greater security and protection to producers and consumers alike.
 
  It includes a chapter where it recognizes and therefore provides protection of the Geographical Indications and Appellations of Origin protected abroad, which in the absence of regulation had been protected as ordinary or collective trademarks.
 
Noting in its Article 166 of the aforementioned law the following:

"The Institute will recognize the denominations of origin or geographical indications protected abroad, in terms of the International Treaties and in accordance with the provisions of this Chapter".

 
  Administrative offenses and new offenses to sanction the unauthorized use of Geographical Indications and Appellations of Origin (Art 165 BIS to 165 BIS 30).
 
  New validity for Industrial Designs.
 
Previously the MIPL contemplated a period of validity of 15 non-extendible years for said figure, however, with the purpose of reinforcing the figure the Law in its Art. 36 points out the following:

"The registration of industrial designs will be valid for five years, from the date of filing of the application, renewable for successive periods of the same duration up to a maximum of twenty-five years, subject to payment of the corresponding fees."
 
  Trademarks.
 
The new reform adds that the Trademarks mentioned in article 90 of the MIPL will not be registrable, which is cited below:

"Fraction X. The geographic zones, own or common, and the maps, as well as the denominations of populations, the names, names and adjectives, when they indicate the origin of the products or services and may cause confusion or error as to their origin . Included are those that are accompanied by
expressions such as "gender", "type", "manner", "imitation", "produced in", "with manufacturing in" or similar ones that create confusion in the consumer or imply unfair competition related to with the same".

The reform will take effect on April 27, 2018.

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