Online Trial: A New Alternative For IP Rights Owners?

The Internet is not only one of the most effective and pervasive methods of communication, but also one of the most problematic areas regarding IP rights violation. Legislation such as France's controversial 'HADOPI' law has been introduced in an attempt to regulate and control the Internet and to prosecute breaches of copyright and related rights. Protecting IP rights is highly complex and requires efforts on an enormous scale from governments and private stakeholders alike.

For Mexico, a grasp of existing and emerging information technologies is vital to improve competitiveness and to develop as an IP-friendly jurisdiction. However, changes are needed in attitudes to all aspects of online protection. The government is taking steps to prevent unlawful activities online and to slow the epidemic spread of piracy.

In this context, amendments have been made to the Federal Law on Contentious Administrative Proceedings and the Internal Law of the Federal Court of Tax and Administrative Affairs in order to introduce a proceeding known as the 'online trial'.

The new form of proceeding is intended to ensure prompt and efficient resolution of tax and administrative disputes, including those involving IP matters.

Launched on a limited basis in early August 2011, it aims to reduce administration costs, simplify administrative processes, shorten the overall timeframe for trials, and ultimately reduce the backlog of...