IMPI
have allowed us to decrease the backlog from earlier years and reduce the attention times.”
IMPI not only acts as Mexico’s patent-granting authority, it also acts as the country’s first instance for administrative patent infringement proceedings. As long as one of the administrative infringement actions that are defined in Article 213 of the Industrial Property Law is met, a patent owner can submit evidence to IMPI and initiate proceedings.
Evidence can be gathered using an onsite IMPI inspection. IMPI staff will visit the site where the alleged infringement has taken place and produce a detailed report that will become a part of the administrative declaration to be considered during the IMPI administrative proceedings.
Roque says: “It is important to mention that this procedure has a number of diverging aspects depending on the type of tests that are offered by the parties. Te institute must take into consideration the seriousness of the offence and the nature of the measure solicited by the initiating party, to carry out the necessary measures.”
IMPI decisions rely heavily on Mexican patent law, says Roque, as well as the technical patent
opinions that expert IMPI patent officers contribute.
“THE INSTITUTE HAS THE AUTHORITY TO CARRY OUT ACTIONS AGAINST PIRATES AND COUNTERFEITERS WHO INFRINGE THE RIGHTS OF BRAND AND CONTENT OWNERS.”
Roque says: “However, we have the clear objective of strengthening the institute. So, we have given ourselves the task of clarifying the base of our decisions, as well as reducing the time of their pronouncing, with the intention of improving the experience that the user of the national industrial property system receives.”
Open brand
Anti-counterfeiting and piracy are being combated in Mexico, and IMPI is doing what it can to help. Te institute has the authority to carry out actions against pirates and counterfeiters who infringe the rights of brand and content owners. IMPI can carry out inspections ex officio or at the request of the rights owner, seize merchandise and impose fines through administrative declarations of infringements and if inspection visits are refused.
IMPI also organises joint inspections with different authorities, including customs, the Consumer Protection Agency and the National Commission for the Protection Against Sanitary Treats. Together, these inspections have yielded 231 tonnes
www.worldipreview.com
World Intellectual Property Review November/December 2011
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