Supreme Court of Justice of the Nation Resolves on Legal Interest in Administrative Declaration Procedures before IMPI
On January 17, 2024, the Second Chamber of the Supreme Court of Justice of the Nation confirmed that the conditions for initiating patent nullity procedures before the IMPI are legitimate and do not infringe upon the right to effective judicial protection, specifying that commercial competition alone does not constitute sufficient legal interest for such procedures.
On January 17, 2024, a milestone was reached in Mexican jurisprudence when the Second Chamber of the Supreme Court of Justice of the Nation unanimously approved the project of Minister Equivel, under case number ADR3305/2203. This resolution addresses a crucial issue in the field of industrial property: the scope of the legal interest required to initiate administrative declaration procedures for patent nullity before the Mexican Institute of Industrial Property (IMPI).
Judicial Analysis and Court Resolution
The decision is based on a detailed analysis of articles 152, 155, 187, and 188 of the now-repealed Industrial Property Law. Minister Equivel, the rapporteur of the project, emphasized that the right to effective judicial protection is not absolute. She clarified that the conditions established for accessing an administrative procedure should not be interpreted as arbitrary restrictions but rather as part of a normative framework that justifies them, thus promoting the principle of legal certainty.
Implications for Commercial Competitors
A notable aspect of the resolution is the clarification regarding the legal interest of commercial competitors. The Court established that merely being a commercial competitor does not, by itself, confer the necessary legal interest to initiate administrative declaration procedures (nullity, expiration, and cancellation) before IMPI. This precision is of utmost importance as it outlines the limits and conditions under which interested parties can seek administrative intervention in industrial property matters.
Conclusion and Denial of Amparo
In light of the legal considerations and arguments presented, the Second Chamber of the SCJN decided to deny the requested amparo. This resolution not only sheds light on the scope of legal interest in the context of administrative procedures before IMPI but also reinforces the framework of legal certainty in the field of industrial property in Mexico.
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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