Mexico: Permissible evidence before the Mexican Institute of Industrial Property

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Permissible evidence before the Mexican Institute of Industrial Property

Sponsored by

olivares-400px.jpg

It has become common practice for parties of any administrative proceeding to ask the Institute of Industrial Property to require a third party, not related to the proceeding, or even its counterpart, to respond to several questions raised by the offeror of the proof. Such evidence is based on Article 203 of the Industrial Property Law, which states the "requirement to provide information and data" so that the authority can conduct inspection.

However, such a practice may occur in direct violation of IP law and therefore may be a procedural violation by the authority.

Mexican Industrial Property Law (IPL) establishes that in administrative proceedings, all kind of evidence shall be admitted, except testimonial and confessional evidence (Article 192 IPL).

It is established law that testimonial evidence is based on the testimony or declaration of a third party not related to the proceedings, regarding facts related to the proceedings. Confessional evidence is based on the declaration of one of the parties regarding facts related to the proceedings. Moreover, in both cases the declarations are rendered by answering several questions or interrogations that were raised by the offeror of the proof.

In view of the above, it is clear that documentary evidence consisting of the testimony of one of the parties in a proceeding or a third party not related to the proceeding given to the authority, in which it is requested to answer specific questions raised by the offeror of the proof in the form of an interrogation, should necessarily be equated to testimonial evidence or confessional evidence.

Therefore, the offering of a proof in which the offeror is requesting that one of the parties or a third party not related to the proceeding, respond to specific questions that were raised by the offeror and that are linked to facts discussed or related to the proceeding, is not a "requirement to provide information and data", but rather confessional or testimonial evidence, as it contains all the elements of this type of evidence.

In accordance with the foregoing, it is evident that even though this proof is offered under the "requirement to provide information and data" provided by Article 203 of our IPL, it must be considered as testimonial or confessional evidence due to its nature and thus, cannot be admitted by the authority in administrative proceedings.

Alejandra Badillo


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

More important FRAND decisions by the UK courts and a changing of the guard for Siemens’ IP team were among the top talking points this week
Operating profit decreased from £968,942 to £5,254, but the firm expects long-term investments to pay off for clients
One of the litigators expects that she’ll have to help clients navigate challenges posed by USPTO developments
Counsel explain what kind of ITC-related inquiries they’re getting from clients and why complaints at the forum were up in 2024
A ruling concerning a juicing machine, a tussle over a preliminary injunction and a new judge in Paris were among the top talking points this fortnight
John Squires has had a range of in-house and private practice experience, most recently in the IP group at Dilworth Paxson
President Donald Trump’s attacks on Perkins Coie and Covington & Burling should not go unchallenged
The combined entity, which is expected to offer IP services across Australia and New Zealand, will be called Jones Maxwell Smith & Davis
The Iconix v Dream Pairs dispute, to be heard at the UK Supreme Court, concerns trademarks owned by sports brand Umbro and the issue of post-sale confusion
The European IP team from Simmons & Simmons discusses the current approaches to IP enforcement against look-a-like or copycat products
Gift this article