SCJN Rules on the Constitutionality of the 10-Day Deadline to Respond to an Infringement Claim before the IMPI (Art. 336 LFPPI)
On January 17, 2024, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) unanimously approved the project of Minister Equivel in the review of amparo 833/2023, which resolves that Article 336, section II, of the Federal Law for the Protection of Industrial Property (LFPPI) is constitutional.
The complainant argues that the ten-day deadline to respond to the administrative declaration of infringement request established in the LFPPI is irrational and violates legal certainty, as well as equality or procedural equity. This is considering that in various procedures of nullity, expiration, and cancellation, the defendant has a one-month period to respond.
In this regard, the Second Chamber confirms the constitutionality of the invoked provision, given that:
The essential content of the principle of legal certainty “lies in ‘knowing what to expect’ concerning the normative regulation provided by the law and the actions of the authority.”
While the administration of justice must be within the deadlines and terms set by the laws, the legislator has legislative configuration freedom (not unrestricted) to establish the deadlines and terms under which justice will be administered. These must be justified, not excessive, or lacking in reasonableness and proportionality.
In the case at hand, each action has its own particularities. While some aim to annul the ownership of a right, the claimed assumption aims to demonstrate an infringement within the respective procedure. As they are not similar in their nature, purpose, and intention, there is sufficient reasonableness to justify that the same treatment is not warranted.
In light of the above, the Second Chamber denies the requested amparo.
For more information or specific advice on how this resolution might affect your company or commercial interests, please do not hesitate to contact us.
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