June 06, 2018
New Structure for Preliminary Injunction in Copyrights Affairs
On June 1, 2018, the Decree that adds an Article 213 Bis and a second paragraph for Article 215 of the Federal Law on Copyright was published in the Evening Edition of the Official Gazette of the Federation.
This Decree integrates a new structure for preliminary injunctions that may be requested by the owners of the rights recognized by Law, the representatives thereof and the collective societies representing said owners. These preliminary injunctions shall be filed before the Federal Courts and/or the State Courts and/or those of Mexico City to prevent, preclude or avoid the infringement to the patrimonial rights contained in the Federal Law on Copyright.
The preliminary injunctions that may be granted and enforced are the following:
- The suspension of the public representation, communication and/or enforcement. (Article 213 Bis, Section I).
- The seizure of the influxes and/or incomes obtained before or during the public representation, communication and/or enforcement. (Article 213 Bis, Section II).
- The preliminary confinement of the instruments, materials, equipment or inputs used in the public representation, communication or enforcement. (Article 213 Bis, Section III).
- The seizure of the business enterprise when the before cited preliminary injunctions are not sufficient to prevent or avoid the infringement of the patrimonial copyrights. (Article 213 Bis, Section IV).
The obligation for the petitioner of the preliminary injunctions of showing sufficient guarantee to respond for the possible liquidated damages pursuant the Federal Law on Copyright Regulations is provided. The preliminary injunctions shall become invalid when the claimed obligation (i.e., the payment of royalties) is complied with. Also, the obligation for the petitioner to provide written notice to the possible infringer of the patrimonial rights at least 72 hours before the filing of the legal request for preliminary injunctions is established.
Finally, the Decree provides that the owners of the copyrights of musical works, the representatives thereof or the collective representatives entrusted with the management of their patrimonial rights, may also request the granting of these preliminary injunctions from the competent legal authority (Article 215, second paragraph).