infoJustice

Repost of an IP-Enforcement Message from Geraldine Juarez:  Senador Federico Doring has introduced a bill that empowers Instituto Mexicano de la Propiedad Industrial  (IMPI) to send notifications to users based on allegations of infringement from rights holders. Unlike HADOPI, there is no third notice or similar process after receiving a complaint.  They can pursue any allegation and can ask internet service providers for private identifying data of alleged users related to an IP address.

The bill allows for fines that start at the equivalent of 30 days’ minimum wage, and it includes penalties for “making available protected works.”

The law is available (in Spanish) here: http://www.senado.gob.mx/index.php?ver=sp&mn=2&sm=2&id=12788&lg=61

Last week, another IP enforcement bill was fast-tracked and approved. It gives IMPI powers to search houses and businesses without a search warrant (uses a requiring a notification). The ‘agents’ performing the search can film it and use the material as evidence for any procedures. If the search is denied, they presume the imputations as true.

Link of the approved bill (in Spanish) here: http://www.senado.gob.mx/index.php?ver=sp&mn=2&sm=2&id=12522&lg=61

For more on the bills, see “Senado Mexicano se postra a los pies de la industria del copyright.” December 16, 2011.

Senador Federico Doring was part of the Working Group of ACTA that conclude to reject the adoption of the agreement by Mexico.