Victor Garrido, Partner at Dumont, makes suggestions for the new regulations that are yet to be refreshed since the new Federal Law for The Protection of Industrial Property (FLPIP) was instated in 2020.
As broadly publicized domestically and abroad, the new Federal Law for The Protection of Industrial Property (FLPIP) entered into force in Mexico on 5 November 2020, abrogating the former industrial property law (IPL) after it was applicable for nearly 30 years. Reasonably, a new law necessarily cancels or updates former provisions and includes new ones. Consequently, a new law needs ad hoc secondary regulations. A transitory article in the FLPIP indicates that the IPL regulations shall continue to apply until new regulations be enacted, as long as the IPL regulations do not oppose the FLPIP dispositions. After more than two years from the onset of the FLPIP, refreshed regulations are still missing. While the FLPIP governs a plurality of figures related to industrial property, including trademarks, geographical indications, trade secrets, and others, this article focuses on some of the most relevant patent-related aspects needed to be addressed to adequately supplement the current patent legal framework.
