The concept of Industrial Secrets has been regulated since the repealed Industrial Property Law. However, due to the technological advancements in recent years, the regulation of Industrial Secrets has had to be refined to achieve a better protection of them. With the New Federal Law on Industrial Property Protection, we can find regulation regarding Industrial Secrets, which, although it may seem similar, is indeed more comprehensive and provides greater legal certainty to the holder of the information.

It is important to mention that the Federal Law on Industrial Property Protection is not the only legal framework that regulates Industrial Secrets, as there are also provisions regarding them in the Federal Law on Economic Competition, among other regulations. This is because Industrial Secrets are actually a matter of competition rather than strictly Industrial Property.

Knowing the above, we can find that in the New Federal Law on Industrial Property Protection, we are provided with a more comprehensive definition of what is considered an Industrial Secret and what is not considered one.

In line with this, the New Law incorporates the concept of Misappropriation of Information (Article 163 LFPI), which refers to the acquisition or disclosure of information that goes against good practices or customs. This concept reinforces the regulation of Industrial Secrets and provides better guidance for professionals in the field, thus achieving the best possible protection of information considered as an Industrial Secret, as well as its holder.

In conclusion, the Federal Law on Industrial Property Protection represents a significant improvement in the protection of Industrial Secrets in Mexico by providing a clearer definition and greater specifications, which, although subtle, provide broader protection to Industrial Secrets and their holders.

Knowing about the advancements in Industrial Secrets regulation, if this topic is of interest to you or you feel you need further guidance on it, at VILA we have expert lawyers in the field. Please do not hesitate to contact us.