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Preliminary injunctions

Among the most relevant amendments in the new Federal Law for Protection of the Industrial Property, we find the one regarding the implementation and the lifting of preliminary injunctions.

With the former law, it was enough that, on one hand, the person requesting the implementation of preliminary injunction alleged a violation of its IP right and posted a bond I order to obtain their implementation and, on the other hand, the person against whom the injunctions were implemented, exhibit a counter-bond to obtain the lifting of said injunctions.

Now, with this new law, the implementation and the lifting of preliminary injunctions will no longer proceed automatically with the exhibition of a bond or a counter-bon. Now IMPI is bound to assess whether or not the implementation or the lifting of the preliminary injunctions proceeds, considering the probability of the alleged claim (prima facie case) and the elements provided by the parties, as well as the possibility of affecting the public order and the common good.

We trust that these amendments will have a positive impact in our legal system, since the ponderation exercise that now has to be carried out by IMPI, should bring more legal certainty in connection with the possible implementation or lifting of the injunctions, not being subject said issue anymore, to the mere posting of a bond or a counter bond.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Abraham Díaz

Abraham Díaz

Partner

Abraham Díaz “adds value for clients with diverse portfolios as a result of his tripartite copyright, trademark and unfair competition expertise,” according to World Trademark Review’s WTR 1000. He co-chairs OLIVARES’ Litigation Team, as well as Data Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on litigation, copyright, trademarks, unfair competition, licensing, prosecution and opposition matters. He also counsels clients on trade dress, product configuration, advertising, false advertising, trade secrets, plant breeders’ rights, vegetal varieties; right of publicity; Internet and digital environment related issues, IT and Data Privacy matters.
Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Jaime Rodríguez

Jaime Rodríguez

Partner

Jaime Rodriguez joined OLIVARES in 2007 and became a partner in 2023. He has extensive experience in copyright, litigation, trademarks, unfair competition and domain name dispute resolution, and this versatility has allowed him to participate in a variety of relevant matters and cases pertaining to different areas of intellectual property.

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000

REGULATORY LAW

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