MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
10. Remedies 10.1 Injunctive Remedies
• 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. Requirements To apply for preliminary injunctions, the appli - cant 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 exist - ence of the possibility of suffering irreparable harm, or the existence of a well-founded fear that the evidence may be destroyed, con - cealed, 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 identification of the goods, services, physical establishments, 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 out - lined above under Injunction Types.
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 pre - vention of circulation, of goods that infringe rights protected by either the FLPIP or the FCL. • The withdrawal from circulation of: (a) illegally manufactured or used objects, packaging, containers, wrapping, sta - tionery, advertising materials, and similar items that infringe any of the rights pro - tected by either the FLPIP of the FC (b) advertisements, signs, labels, stationery, and similar items that infringe any of the rights protected 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 products 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. • 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.
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