This chapter presents a discussion of Mexico’s current regulations over industrial property. Mexico enacted its first Act on the Property Rights of Inventors or Improvers in a given Industrial Branch in 1832 (Ley sobre el Derecho de Propiedad de los Inventores o Perfeccionadores de Algún Ramo de la Industria, May 7, 1832). Today, these matters are principally governed by the industral Property Act (Ley de Propiedad Industrial, D.O. June 27, 1991, as amended by D.O. of August 2, 1994), and its corresponding Regulations (Reglamento de la Ley de Propiedad Industrial, D.O. of November 23, 1994).

Under Mexican law, industrial property embraces two large groups of legal protections:: 1) inventions and 2) distinctive signs. Inventions include patents, utilities models, industrial designs and protections to industrial secrets. Distinctive signs include trademarks, commercial advertisements and publication of trade names and source names. Copyright law protects all artistic and literary creations, including software and neighbouring rights. Patents are issued for a 20 year period, utility models for 10 years, and industrial designs for 15 years, while those areas under the distinctive signs category are generally issued a valid title for a period of ten years, and are renewable in ten year periods.

The Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial or IMPI, D.O. of December 10, 1993) can nullify or cancel the invention or distinctive signs for several reasons, including: 1) contravention to the applicable laws at the time of registration; 2) abandonment of the application; and 3) when granted by mistake or through fraud, among others. Any offenses or infractions of the invention or distinctive sign will be dealt with by the IMPI, and can include a fine and or time in prison.