Industrial Designs Law in Mexico
Mexico's protection of industrial designs is governed by the Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial, LFPPI), which was enacted on July 1, 2020, and came into effect on November 5, 2020. This law superseded the previous Industrial Property Law and introduced significant reforms to align Mexico's intellectual property framework with international standards, particularly those under the United States-Mexico-Canada Agreement (USMCA)
Legal Framework
Governing Legislation: The LFPPI governs industrial designs in Mexico, with the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial, IMPI) serving as the administrative authority responsible for granting protection .
International Agreements: Mexico is a party to the Hague Agreement Concerning the International Registration of Industrial Designs, which allows for the international registration of designs through a single application .
Protection Criteria
To qualify for protection, an industrial design must meet the following criteria:
Novelty: The design must be the result of independent creation and differ significantly from existing designs or combinations of known characteristics. Designs differing only in "irrelevant details" are considered identical .
Industrial Application: The design must be applicable to an industrial or handcrafted product
Types of Industrial Designs
The LFPPI distinguishes between two types of industrial designs:
Industrial Drawings: Two-dimensional designs involving combinations of lines, shapes, or colors applied to a product for ornamental purposes .
Industrial Models: Three-dimensional shapes serving as patterns for the manufacture of products, providing them with a special appearance without imparting any technical effect .
Term of Protection
Duration: Initial protection lasts for five years from the filing date.
Renewals: The protection can be renewed for additional five-year periods, up to a maximum of 25 years .)
Enforcement and Administration
Administrative Authority: The IMPI is responsible for evaluating and granting industrial design registrations .
Enforcement: The IMPI has the authority to impose fines, collect payments, and enforce administrative decisions related to industrial design infringements
Additional Considerations
Handicrafts: Handcrafted products are now explicitly included under the protection of industrial designs, recognizing the value of traditional and artisanal creations
Publication of Applications: Industrial design applications are published in the Official Journal of the Federation upon completion of the formal examination, providing greater transparency and legal certainty .
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