MEXICO Law and Practice Contributed by: Carlos Hernandez, Roxana Aispuro and Luis Emilio Moncada, BC&B Law & Business
6.3 Use of Expert Witnesses In Mexico, expert witness opinions are allowed as evidence in a trade secret litigation such as an infringement action. These opinions are filed on paper at the moment of filing the initial brief and are assessed by the MIIP at the issuance of a decision. The rules for filing this evidence are foreseen in the Federal Code of Civil Procedures. The cost of these types of opinions can vary depending on the case. However, the plaintiff can expect a cost of between USD3,000 and USD8,000. Prior or parallel to the infringement action, the plaintiff can request preliminary injunction meas - ures until the proceeding is resolved with a final decision. The preliminary injunction measures will be granted and implemented by the MIIP if the plaintiff satisfies, among other things, the requirements listed in 5.1 Prerequisites to Filing a Lawsuit . Provisional measures will remain during the prosecution of the administrative proceed - ing and until the issuance of the final decision, unless the defendant files a counter-bond to suspend the effects of the measures adopted. The injunctions may be lifted by the defendant at any time as long as the defendant complies with the requirements provided by law. The provisional measures that can be requested are for the MIIP to: 7. Remedies 7.1 Preliminary Injunctive Relief • order the withdrawal from circulation or ban the distribution of goods that infringes an IP right;
MIIP can amount to between USD25,000 and USD30,000, plus expenses related to the evi - dence. This estimate of cost concerns the liti - gation up until the first decision issued by the MIIP; any further instances of appeal can result in a different cost. Moreover, even though contingency litigation is not common in Mexico, it is recognised. Finally, litigation financing is not available. Note that infringement actions are prosecuted and decided by the MIIP. An MIIP official is the person in charge of ruling this type of proceed - ing. If the MIIP’s decision is appealed before the Fed - eral Court of Administrative Affairs and further before a federal circuit court, these courts are composed of three magistrates who decide the case. No jury is foreseen in Mexican law. 6.2 Trial Process The process of an infringement action is described in 5.1 Prerequisites to Filing a Law- suit .However, note that no testimony from live witnesses is permitted under this proceeding; any evidence must be filed in paper. The length of the proceeding from first instance up to the issuance of a decision can range from one-and- a-half years to two years and this can be extend - ed, depending on the MIIP’s backlog. 6. Trial 6.1 Bench or Jury Trial
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