On April 28, 2026, the Regulations to the Federal Law for the Protection of Industrial Property were published in the Official Gazette of the Federation. These Regulations repeal the Regulations to the Industrial Property Law and develop various provisions introduced by the law in force, as well as by its recent amendments.
The Regulations provide for a vacatio legis period of 60 business days. This period allows users and authorities to operationally adapt to the new regulatory framework. Likewise, the online infringement procedure will have a deferred implementation, subject to the issuance of specific provisions. In general terms, the Regulations strengthen electronic processing before the Mexican Institute of Industrial Property (IMPI), establish operating rules for various figures of the system, and provide greater clarity on matters that had required precision since prior amendments, including the 2018 trademark reform. Below, some of the main changes in this legal instrument are explained: 1. Entry into force and transitional rules: The Regulations provide that matters in progress will continue to be processed in accordance with the provisions in force at the time of their filing. Nevertheless, they contemplate the possibility that certain ongoing procedures may benefit, where applicable, from new tools provided in the Regulations themselves, particularly with regard to alternative dispute resolution mechanisms. 2. Electronic processing, signatures, and notifications: The rules applicable to online processing are developed in greater detail, including the use of electronic signatures, the management of digital files, and the electronic notification regime. These provisions reinforce the importance of actively monitoring deadlines and communications within IMPI's systems. 3. Coexistence of trademarks and consent: The Regulations incorporate specific guidelines for express consent between owners in cases of coexistence of distinctive signs, providing greater clarity on the requirements and scope of these figures in administrative practice. 4. Declaration of use and renewals: Operating aspects regarding declaration of use and renewals are clarified, including scenarios in which non-compliance may give rise to automatic consequences, such as the lapse of registrations. 5. Appellations of origin and geographical indications: The regime of appellations of origin and geographical indications is developed extensively, including procedural and operating rules that may impact different actors in the production and commercial chain. 6. Enforcement and procedures: The Regulations detail various aspects related to the processing of enforcement procedures, including inspections and measures, and incorporate express references to the digital environment, such as online platforms or accounts. 7. Technology transfer and alternative mechanisms: Provisions are incorporated regarding the registration of technology transfer and alternative dispute resolution mechanisms, such as administrative conciliation, which opens new alternatives for the management of disputes and the structuring of legal strategies. The Regulations strengthen the rules applicable to the processing of procedures, particularly those conducted online, and incorporate greater operational clarity in various figures of the industrial property system, although their practical implementation will require close monitoring, especially with regard to the operation of online procedures and the application of the new provisions. At Von Wobeser y Sierra, S.C., we remain at your disposal to address any question or inquiry related to the entry into force of the Regulations and their practical implications. Patricia Kaim, Partner +52 (55) 5258-1013 | pkaim@vwys.com.mx Adrián Martínez, Associate +52 (55) 5258-1038 | admartinez@vwys.com.mx Efrén Sánchez, Associate +52 (55) 5258-1050 | efsanchez@vwys.com.mx
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