MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez and Paola Becerril, Becerril, Coca & Becerril
10. Remedies 10.1 Injunctive Remedies
Requirements To apply for preliminary injunctions, the applicant must fulfil the following requirements: • Provide evidence of being the rights holder and meet any of the following conditions: the existence of a violation of their rights, that the violation of their rights is imminent, the existence of the possi - bility of suffering irreparable harm, or the existence of a well-founded fear that the evidence may be destroyed, concealed, lost, or altered (evidence of rights ownership shall not be required in cases of administrative infringements that do not involve a violation of industrial property rights). • Grant a sufficient bond or security deposit to cover any harm that may be caused to the person against whom the measure has been requested. • Provide the necessary information for the identifi - cation of the goods, services, physical establish - ments, or digital platforms where the violation of the rights protected by either the FLPIP or the FCL is committed. The requirements enlisted must be met for IMPI to order any of the preliminary injunctions outlined above under Injunction Types. The defendant may oppose the preliminary injunctions by: • filing a brief showing a counter bond whose amount will be set by IMPI; • proving at least the appearance of an arguable right to exploit the relevant IP; and • showing that the harm that could be suffered by the person on whom the measures are to be imposed is greater than the harm that could be caused to the person requesting them. IMPI will decide if said measures are lifted or main - tained. 10.2 Monetary Remedies Damages can be claimed through either a civil court or directly with IMPI (only for trade mark infringements and commercial copyright violations). These damages result from proving and sanctioning an IP violation committed by a third party.
It is possible to file preliminary injunctions before IMPI regarding any potential trade marks or commercial infringement actions for copyrights. Injunction Types The preliminary injunctions that can be obtained are the following: • The withdrawal from circulation, or the prevention of circulation, of goods that infringe rights protect - (a) illegally manufactured or used objects, packag - ing, containers, wrapping, stationery, advertis - ing materials, and similar items that infringe any of the rights protected by either the FLPIP or the FCL; (b) advertisements, signs, labels, stationery, and similar items that infringe any of the rights pro - tected by either the FLPIP or the FCL; and (c) utensils or instruments intended for or used in the manufacturing, production, or obtaining of any of the items mentioned above. • Prohibition of the commercialisation or use of prod - ucts that violate a right protected under both the FLPIP and the FCL. • Seizure of goods. • Suspending or stopping acts that constitute a violation of the provisions of either the FLPIP or the FCL. ed by either the FLPIP or the FCL. • The withdrawal from circulation of: • Suspending the free circulation of goods intended for import, export, transit, or, as the case may be, any customs regime, that constitute a violation of the provisions of either the FLPIP or the FCL, in accordance with the applicable legal provisions in customs matters. • Suspending, blocking, removing content to, or stopping acts that constitute a violation of the FLPIP or the FCL through any virtual, digital, or electronic means, known or yet to be developed. • Suspending the service provided or closing the business that provides them when the measures outlined in the preceding points are not sufficient to prevent or avoid the violation of IP rights.
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