Mexican Patent Law

Patents are protected under Mexico's Ley de la Propriedad Industrial.

Mexican patents are protected under the Ley de la Propriedad Industrial (Industrial Property Law) of 1994, which also encompasses trade secrets and trademarks; Mexico's copyright law is a separate piece of legislation. This law replaced the Ley del Fomento y Proteccion de la Propriedad Industrial (Fomentation and Protection of Industrial Property Law), which had restricted technology imports and became contentious under the North American Free Trade Act (NAFTA).

Inventions

Patents are registered, granted and tracked by the Instituto Mexicano de la Propriedad Industrial (Mexican Institute of Industrial Property) in Mexico City. Patents are granted to the first to file for registration, as in Europe, and not the first to invent (which is the US principle). Patents are valid for 15 years.

Inventions

Patents grant exclusive rights to use, manufacture, reproduce or otherwise directly benefit from a patented invention. Mexican law defines invention as a creation that is both novel and has an industrial application. Discoveries of natural phenomena, scientific principles or theories, methods for mental acts or business methods cannot be patented, nor can plants, animals or genetic material.

Trade Secrets

Trade secrets are also protected under the Ley de la Propriedad Industrial. The law defines a trade secret as "industrial or commercial information which is kept by a corporation or an individual as confidential and which can be used to obtain or maintain an economical or competitive advantage over third parties." To qualify as a trade secret, a corporation or individual must prove that the information in question meets three conditions: confidentiality, use in business and presence in writing.

International Treaties

International treaties are legally binding in Mexico law once they have been ratified. In most countries, law makers must devise separate legislation to codify agreements laid out in international treaties (which generally takes years or simply never happens). In Mexico, however, a ratified treaty with all of its original terms and wording becomes law. Mexico is a member of the World Intellectual Property Organization and is a signatory to all of the organization's major agreements and conventions, as well as a signatory to the World Trade Organization's Trade Related Aspects of Intellectual Property (TRIPS) agreement.

Enforcement

Patent rights can be enforced administratively or through criminal proceedings. However, patent violations (as well as copyright, trademark and other intellectual property right violations) are common in Mexico. Enforcement has been steadily improving, and the US has mustered its diplomatic influence and NAFTA, as well as considerable resources, to get Mexico's authorities to improve enforcement efforts.

References

• Intellectual Property Rights - U.S. Embassy Mexico City
• Intellectual Property Protection and Enforcement in Mexico City