IP/N/1/MEX/21  
IP/N/1/MEX/I/15  
30 July 2020 
(20-5330) Page: 1/3 
Council for Trade -Related Aspects  
of Intellectual Property Rights  Original:  Spanish  
 
  
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
MEXICO: FEDERAL LAW ON INDUSTRIAL PROPERTY PROTECTION  
Notifying Member  MEXICO 
 
Details of the notified legal text  
 
Title Federal Law on Industrial Property Protection  
Subject matter  Industrial property (general)  
Natur e of 
notifica tion [X] Main dedicated intellectual property law or regulation  
[ ] Other law or regulation  
Link to legal  text* https://ip -documents.info/2020/IP/MEX/20_4644_00_s.pdf  
Notification status  [ ] First notification  
[ ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification (s) 
referred to  IP/N/1/MEX/I/13, IP/N/1/MEX/16 ; IP/N/1/MEX/I/12, IP/N/1/MEX/15 ; 
IP/N/1/MEX/I/11, IP/N/1/MEX/12 ; IP/N/1/MEX/I/4 ; IP/N/1/MEX/I/5 ; 
IP/N/1/MEX/I/7 ; IP/N/1/MEX/I/3 ; IP/N/1/MEX/I/6 ; IP/N/1/MEX/I/8 ; 
IP/N/1/MEX/I/9, IP/N/1/MEX/C/3 ; IP/N/1/MEX/I/10 ; 
IP/N/1/MEX/I/1/Add.2 ; IP/N/1/MEX/I/1/Add.3 ; IP/N/1/MEX/I/1/Add.1 ; 
IP/N/1/MEX/I/1   
Brief descrip tion of notified legal text  
 
The purpose  of the Law is to protect industrial property by regulati ng and granting patents  for 
inventions ; registering utility models, industrial designs, layout designs of  integrated circuits, 
trade marks and trade notices ; publishing  trade names ; declaring the protection of appellations of 
origin and geographical indications ; regulat ing industrial secrets ; prevent ing acts that infringe  
industrial property or constitute unfair competition  in relation to it , and establish ing sanctio ns and 
penalties in that regard ; and promot ing and encourag ing industr ially applicable inventi ons, 
improvements  in technology , creativity in the design and presentation  of new and useful products, 
and the dissemination of technological  knowledge in the country.  
 
A general description of the most relevant changes in the replacement Law is given below . 
 
In "Patents ": 
 
• Reflects  best international practices relating to patentabili ty and exclusions  thereto , and also 
to what is deemed to be  an invention . 
 
• Expressly establishes the "Bolar  provision", enabling the necessary preparations to be made 
to obtain the sanitary registration of a medicine in relation to a patent that will soon expire.  IP/N/1/MEX/21 • IP/N/1/MEX/I/15  
- 2 - 
  • Expressly  establishes a mechanism for direct coordination between  the Mexican  Industrial 
Property  Institute (IMPI) and the health authority , to provide information required in the marketing 
authorization procedure for allopathic medicines . 
 
• Increases  the period of validity of utility  models to 15 years . 
 
• Incorpora tes handicrafts  as industrial  designs and strengthens  regulation s in that regard 
through the entry into force in Mexico of the Hague Agreement Concerning  the International 
Registration of Industrial Designs . 
 
• Establ ishes specific  procedures for the surrender , rectifica tion and limita tion of patent or 
registration holder rights , which creates  legal certainty in the protected  subject matter . 
 
• Clarifies the grounds  for declaring patents, registr ations of utility models and industrial designs  
to be null and void , taking account of  their particular characteristics . 
 
In "Industrial Secrets ": 
 
• Introduce s the concept  of misappropriation  and exceptions thereto . 
 
• Specifies  responsibility regarding  access to industrial secrets in judicial or administrative 
proceedings . 
 
• Defines  administrativ e infringements, thereby facilitating the imposition of provisional  
measures to stop  a possible violation . 
 
• Elimina tes the obligation to register the licensing of rights in order to take  effect vis-à-vis third 
parties . 
 
In "Tradem arks": 
 
• Modifi es the time used to calculate the validity of registrations of trademarks , trade notices 
and trade names , changing from the date of submission to the date of grant , thereby giving the 
holder 10 years of effective protection . 
 
• Reduce s requirements for recognizing  a trade mark as well known or famous . 
 
• Avoids  abuses: establishes grounds for cancellation of certification marks , thereby 
encouraging  holders to duly discharge their ma ndate and powers as certifying  bodies. 
 
• Eliminates the obligation to register the licensing of rights in order to take effect vis-à-vis third 
parties.  
 
• Reduce s requirements for franchise agreements . 
 
• Elimina tes uncertainty created by the last reform of the Law in force  regarding the 
registration s and dates requiring the declaration of use of a trade mark. 
 
In "Appellations of Origin and Geographical Indications ": 
 
• Enhances  the concepts of appellations of origin and geographical indications , reinforces 
recognition  thereof  by identifying their individual  requirements , and specifies their legal nature as 
domestic goods . 
 
• Stipulates that IMPI must take action for their protection and defence  and authorizes  it to 
delegate that power to a third party . 
 IP/N/1/MEX/21 • IP/N/1/MEX/I/15  
- 3 - 
  • Enables the chambers  of the Congress of the Union to present a request for a general 
declaration of protection  (subject to the approval of two thirds of the members  present).  
 
• Define s the characteristics  of the rules for the use of a protected geographical indi cation. 
 
• Establ ishes the concept of the party responsible for certifying compliance with the rules of 
use, the procedure for their accreditation and , in the event of non -compliance , their cancellation . 
 
• Elimina tes the submission  of documents relating to formalities for authoriz ing the use of an 
appellation of origin or a protected  geographical indication . 
 
With regard to "Enforcement ": 
 
• Provides  for the determina tion of damage /injury  vis-à-vis IMPI or directly vis-à-vis the courts , 
without the need for a prior administrative declaration . 
 
• Strengthens the framework  of border measures and measures for the digital  environment . 
 
• Establ ishes conciliation as an alternative dispute  resolution method . The result ing agreement 
will terminate the proceedings , have the status  of res judicata  and give rise to the ensuing 
implementation . 
 
• Creates constraint  measures , incre ases penalties  and incorpora tes the possibility for these to 
be cumulative . 
 
• Elimina tes unnecessary procedures that delay approval of the destruction of pirate d product s 
seized  by IMPI . 
 
• Introduce s new categories  of criminal offence relating to industrial  secrets and geographical 
indications . 
 
• Establishe s the definition of trade mark counterfeiting , which will make for  better integra tion 
of the file , giving legal certainty to the holders . 
 
• Increases penalties for offences . 
Language(s) of 
notified legal text  Spanish   
Entry into force  5 November 2 020 
Other date   Publica tion: 1 July 2 020 
 
Notification details  
 
Submission date 
of notification   24 July 2 020  
Other information    
Agency or 
authority 
responsible   Instituto Mexicano de la Propiedad  Industrial  (IMPI) (Mexican  Industrial 
Property Institute ) 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.