Intellectual Property Laws and Enforcement

In Mexico, individuals and businesses that wish to protect their intellectual property may find that the laws and the enforcement of said laws are different than those in the United States.  Two major differences are the way that intellectual property rules are enforced and how claims are handled.

While intellectual property claims in the United States are usually tried in civil courts, claims in Mexico are typically handled by a specially-designated administration called the Mexican Institute of Industrial Property.  In some instances, the Federal Attorney General Office, or Procuraduría General de la República, will handle more serious claims like those that involve important trade secrets.

In the event a standard claim is filed, the Mexican Institute of Industrial Property will usually begin proceedings to determine if the claim is valid, a proceeding that is usually referred to as an “administrative declaration of infringement”. In the United States and in many European countries, a claim of intellectual property infringement will usually lead to an order of infringement, that does not allow use of the patent, trade secret, or copyright until the courts have determined if the rights were violated. In Mexico, however, injunctive relief is usually not invoked, and cases will usually go to resolution before any action will be taken.

The experienced Mexico intellectual property lawyers of Hernandez-Ojeda are committed to helping individuals and businesses protect themselves and their ideas from improper use or infringement. For more information on the laws in Mexico and your legal options, contact an attorney of Hernandez-Ojeda at 800-673-1995 today.