Damages

The new Federal Law for the Protection of Industrial Property contemplates the possibility of submitting a civil action before the Civil Courts against an infringer of any IP right, without the requirement to commence infringement proceedings before the Administrative Authority, which is this case is the Mexican Patent and Trademark Office ("IMPI").

The current system allows the commencement of a civil action derived from a violation of any IP right, so that the claimant may request the payment of damages, only until after IMPI has declared the infringement of an IP right, and the decision declaring infringement must be final and beyond shadow of appeal. This system was the result of the judicial precedent 13/2004 issued by the Supreme Court of Justice, in which said Court established that it is a requirement that an infringement is previously declared in order to be able to commence any civil action for damages. This is because, according to the Mexican Legal System,