MEXICO Law and Practice Contributed by: Carlos Hernandez, Roxana Aispuro and Luis Emilio Moncada, BC&B Law & Business
(d) irreparable harm may be suffered as a result of the violation. For details of the types of provisional measures available in a trade secret litigation and their duration, please refer to 7.1 Preliminary Injunc- tive Relief . The proceeding of the infringement action con - sists of the following. • Statements in connection with the imple - mentation of injunction measures – once the preliminary injunction measures are imple - mented, the MIIP will grant to the infringer a term of 10 business days to file its statements in connection with the implementation of the injunction measures. • Initial brief – the plaintiff must file within the term of 20 business days, counted from the date of the conduction of the inspection visit, the initial brief of the infringement action; oth - erwise they will be obliged to respond for the possible damages and losses to the alleged infringer by the implementation of the prelimi - nary injunction measures. • Brief of response – after the admittance of the infringement action brief, the defendant (alleged infringer) will be served notice with the initial brief, granting them a term of ten business days to file its brief of response. • Rebuttal arguments against the response – the MIIP will serve notice to the plaintiff with the brief of response filed by the defendant (alleged infringer) and will grant the plaintiff a short term of three business days to file a rebuttal arguments brief against the response. • Final pleadings and issuance of the admin - istrative decision – following the admission of the rebuttal arguments brief against the response and if there is no pending evidence to be admitted or analysed, the MIIP will grant
to both parties a term in which to file their final pleadings before the MIIP renders its decision. The party affected in the infringement action procedure may file a review recourse before the MIIP and two further appeals (see 8.1 Appellate Procedure ). For details of the procedure for initiating crimi - nal proceedings, please refer to 9.1 Prosecution Process, Penalties and Defences . 5.2 Limitations Period The FLPIP does not foresee a limitation for filing an infringement action in connection with a trade secret. However, the MIIP’s faculty to impose sanctions is restricted to five years following the date on which the infringement was conducted. 5.3 Initiating a Lawsuit Please refer to 5.1 Prerequisites to Filing a Law- suit . 5.4 Jurisdiction of the Courts As mentioned in 5.1 Prerequisites to Filing a Lawsuit , infringement actions related to trade secrets are prosecuted before the MIIP. The decision issued by the MIIP can be appealed through a nullity claim before a specialised court of the Federal Court of Administrative Affairs and this decision can be also appealed before a fed - eral circuit court. Moreover, criminal actions related to trade secrets are prosecuted before the FPO and are decided before a criminal federal court. 5.5 Initial Pleading Standards There are no legal standards related to the evidence that is necessary in order to file an infringement or a criminal action. An owner can
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