Regulation of counter-bonds in infringement cases
According to the amendment in section 199 bis 1 of the IP Law, published on June 18th 2010, the counter-bond should not exceed 140% of the bond posted by the claimant.
This amendment was originated by the fact that, as Congress remarked, …there were cases where parties requesting precautionary measures posted extremely high amounts which made impossible for the defendant to post a double counter-bond…
The Mexican Institute of Industrial Property (IMPI) grants the possibility to legitimate trademark (TM) holders to resort to several precautionary measures when it’s proved or thought that their TMs are being infringed or unfair competition related thereto is taking place. These measures may vary from seizure, suspension from circulation, among others.
The defendant has the possibility of asking the release of the precautionary measures by posting a counter-bond, as stipulated by IMPI, which before this amendment, had to double the amount of the claimant’s original bond.
Furthermore, IMPI will also be able to increase the amount of the bond / counter-bond if it turns that the amount required is insufficient.