Mexico's Supreme Court will soon rule on an important matter
regarding website blocking derived from copyright infringement
The Mexican Institute of Industrial Property (IMPI) will
decide an infringement action initiated by three important
phonogram producers against the administrator of a website
dedicated to communicating to the public music works and
phonograms, without the authorization of the right holders.
During the legal proceeding before IMPI, the claimants
requested the implementation of preliminary injunctions against
the administrator of the website and also against internet
service providers (ISPs). The preliminary injunctions consisted
of the total blocking of the website.
One of the ISPs filed an Amparo suit (under Constitutional
recourse) against the official action issued by IMPI ordering
the blocking of the website, arguing that there had been
violations to the constitutional rights of freedom of
expression and access to information because such an order was
not issued as a consequence of a proportionality test.
A federal judge issued a ruling invalidating IMPI's official
action containing the order to block the website, arguing that
said official action indeed was not the result of a
The claimants filed a review recourse before a Federal
Circuit Court and the Mexico's Supreme Court in its own motion
exercised its power to remove from the Circuit Court the case,
considering the relevance of the same. It will issue a ruling
which, without any doubt, will constitute a landmark case
within the Mexican legal framework.
Interesting points will be discussed by the justices of
Mexico's Supreme Court, such as whether a proportionality test
is actually required, or if total or partial website blocking
is constitutional or not.
Pedro Luis Ogazón No 17
Col San Angel
01000 México DF
Tel: +5255 53 22 30 00
Fax: +5255 53 22 30 01