New Regulations in the Area of Judicial Competency

December 24, 2007
New Regulations in the Area of Judicial Competency

The Mexican Institute of Industrial Property (Instituto Mexicano de Propiedad Industrial or IMPI) is the competent Mexican authority to resolvecontroversies involving industrial property rights. Resolutions of the IMPI may be reviewed by the Federal Court of Tax and AdministrativeJustice through a contested administrative procedure. Prior to the issuance of the new Organic Law of the Federal Court of Tax and AdministrativeJustice, which was published on December 6, 2007, competency to resolve these matters was centered on the domicile or site of the DefendantAuthority and, given that the IMPI has its headquarters in Mexico City, Federal District, the regional metropolitan courts located in Mexico Citywere the competent authorities to review IMPI decisions and resolve disputes governing industrial property rights. Now, with the issuance of thenew Law, competence to hear an IP dispute is based on the domicile of the plaintiff. That is, the contested administrative lawsuits shall be filed andresolved in the Mexican state where the plaintiff’s principal physical domicile is located. Please note that foreign companies do not possess taxdomiciles in Mexico; thus, the competent domicile for any such matter involving intellectual property rights disputes will remain in Mexico City,Federal District.

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