VZCZCXRO9099
PP RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #2845/01 2741419
ZNR UUUUU ZZH
P 011419Z OCT 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC PRIORITY 8439
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEAHLA/DEPT OF HOMELAND SECURITY
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/HQ USNORTHCOM
RHMFISS/CDR USSOUTHCOM MIAMI FL
RHEHAAA/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 02 MEXICO 002845 
 
SENSITIVE, SIPDIS 
 
STATE FOR EB/TPP/MTA/IPE/HUGHES/URBAN 
STATE FOR WHA/MEX/BRAICH 
STATE PASS TO USTR FOR MELLE/MCCOY/SHIGETOMI 
STATE PASS TO JUSTICE FOR CCIPS/KOUAME AND OPDAT/TRUEBELL 
STATE PASS TO COMMERCE FOR ITA/MAC/ONAFTA/WORD 
STATE PASS TO ITA/MAC/IPR/WILSON 
COMMERCE PASS TO USPTO FOR RODRIGUEZ/BERDUT/MORALES 
 
E.O. 12958: N/A 
TAGS: KIPR ECON SNAR MX
SUBJECT: EXPANDING IPR AWARENESS AMONG MEXICAN JUDGES 
 
Summary 
------- 
 
¶1. (SBU) The Embassy and the United States Patent and Trademark 
Office (USPTO), in coordination with the National College of 
Magistrates and Judges (Colegio Nacional), held a four-day workshop 
on intellectual property civil and criminal cases for Mexican judges 
in Mexico City from September 21-24.  Financed by USPTO grant money 
from State/INL, the program focused on providing the participants 
with a better understanding of intellectual property and how to 
adjudicate such cases in civil and criminal procedures.  The Mexican 
reaction to the course was very positive, and prompted considerable 
discussion as to how to possibly improve the Mexican judicial system 
and the handling of such cases.  The Embassy plans to capitalize on 
the success of this event and invite some of the participants to 
receive additional training in a five-day study tour in the United 
States.  End summary. 
 
Students and Instructors 
------------------------ 
 
¶2. (U) The September 21-24 program was attended by 26 civil and 
criminal judges and magistrates from Mexico's judicial system within 
Mexico City.  The Colegio Nacional organized the Mexican 
participation. USPTO funded the participation of U.S. District Court 
Judges Ronald Lew, Bernice Donald, and James Rosenbaum as well as 
District Court Clerk Felicia Cannon.  They were ably assisted by 
USPTO's Jackie Morales. In addition, senior officials from the 
Mexican Institute of Industrial Property (IMPI - counterpart to the 
U.S. Patent and Trademark Office) and the National Copyright 
Institute (INDAUTOR) delivered overviews of copyrights, patents and 
trademarks and how they are protected under Mexican law. 
 
Course Content 
-------------- 
 
¶3. (U) The sessions were held in the evenings of September 21-24, 
generally from 5-9 pm, which allowed the Mexican judges and 
magistrates time to see to their court responsibilities during the 
day.  The program addressed specific policy and legal principles of 
IP protection and enforcement.  Sessions were dedicated to overviews 
of copyright, patent, and trademark law; elements of criminal and 
civil trademark counterfeiting and civil and criminal copyright 
infringement; evidentiary considerations; provisional measures; 
additional remedies; deterrent sentencing; and case management.  The 
U.S. judges and the Court Clerk took turns introducing these topics, 
explaining how these issues were addressed in the U.S. judicial 
system, and then would open up the discussion to the Mexican judges 
to explain how these issues were treated in the Mexican judicial 
process.  The U.S. judges made considerable use of case studies that 
allowed the participants to understand better how to adjudicate IP 
cases effectively. 
 
A Trip to the Mexican Courts 
---------------------------- 
 
¶4.  (U) As part of the preparation for her presentation on Case 
Management, the Embassy arranged a morning visit for U.S. District 
Court Clerk Felicia Cannon to the municipal and federal district 
civil courts in Mexico City.  For Ms. Cannon and the EconOff, this 
was a fantastic opportunity to witness how the judicial system works 
in Mexico.  Mexico shares many features of other civil law 
jurisdictions, but we learned quickly the striking differences with 
the U.S. legal system and the challenges that the unique features of 
Mexican law (such as the amparo proceedings) present to the Mexican 
legal process. We were also given a demonstration of the electronic 
filing system for civil court cases that is currently being 
developed in-house in the First Federal District Court in Mexico. 
Court officials told EconOff that the tests of the pilot program 
have proven successful and they hope to distribute the system for 
use by all federal civil courts within the year. 
 
Achievements, Revelations, and Next Steps 
----------------------------------------- 
 
¶5.  (SBU) Feedback from the Mexican attendees was very positive, 
particularly with respect to the increase in understanding the 
 
MEXICO 00002845  002 OF 002 
 
 
various international, U.S., and Mexican codes and regulations that 
govern the adjudication of IP cases.  The heavy focus on the 
importance of protecting and enforcing intellectual property law 
also received high marks, as did the many case studies. 
Participants also appreciated the personal connections made between 
the U.S. and Mexican judges, which we hope will lead to future 
cooperation and consultation on IP cases and concerns.  Bringing a 
group of U.S. judges to present case studies and generate a 
discussion among a small group of their Mexican counterparts has 
proven an effective strategy in creating awareness as to the 
importance of IPR protection and enforcement.  Mexican judges are 
more willing to receive advice from and share best practices with 
other judges than from lawyers, industry or other government 
agencies. 
 
¶6.  (SBU) An interesting issue that arose from the discourse was the 
concern among the Mexican participants over the extent of power 
exercised by IMPI in managing the IP regime in Mexico.  For example, 
a patent or trademark holder in Mexico seeking redress against a 
possibly infringing product must initiate an administrative 
infringement action within IMPI rather than through the civil court 
system - as in the United States.  Several judges called for 
judicial reform to extend civil jurisdiction over such infringement 
actions in order to check IMPI's perceived power.  However, 
throughout the years IMPI has gained substantial experience and 
knowledge over civil cases.  The judiciary has begun to realize its 
role in IP protection and enforcement, but judges will require 
substantially more training and experience before they should be 
granted civil jurisdiction over these cases. 
 
¶7.  (SBU) The Mexican participants expressed a strong desire for 
additional such programs.  The Embassy has two proposed next steps. 
Together with the Department of Justice and USPTO, we plan to assist 
the Mexican judiciary in organizing and providing U.S. speakers to 
their annual international IP conference.  Last March's conference 
in Monterrey had more than 250 participants, including 50 
international judges.  The third International Conference on 
Intellectual Property will be held in Merida in March 2010.  In 
addition, together with the USPTO, in Spring 2010 we will organize a 
study tour for several of the judges that participated in this 
workshop.  The tour will be held in the United States, possibly 
within the Ninth Circuit, and will expand further the topics 
addressed in this workshop, covering more advanced issues in civil 
and criminal enforcement, special trial procedures, and sentencing 
guidelines in IP cases. 
 
COMMENT 
------- 
 
¶8.  (SBU) COMMENT: Industry and Mexican government officials alike 
have told EconOff and USG officials that problems persist in Mexico 
with the civil and criminal litigation of intellectual property 
rights, as Mexican judges do not understand IP law or view criminal 
copyright infringement as a minor offense.  Some even perceive it as 
their responsibility to defend the weak Mexican "entrepreneur" from 
the large multinational companies in IP legal actions. 
Consequently, many IP cases are dismissed on technicalities and few 
deterrent sentences are awarded.  Embassy will continue to work with 
the Mexican judiciary to increase their understanding of 
intellectual property and how to adjudicate such cases in civil and 
criminal procedures.  In addition, as the handling of intellectual 
property cases by the Mexican judicial system is not our only 
concern, we would like to pursue a similar program for Mexican 
judges and magistrates on competition law.  END COMMENT. 
 
PASCUAL