1E9Ct5D

party; such indemnification according to this law may in no case be less than 40 percentof the sale price to the public of each product or the provision of services that involvesa violation of industrial property rights.In this respect, it should be pointed out that the filing of a civil or commercial claimfor these purposes does not involve a new or special procedure, rather it is governed bythe applicable provisions of the civil procedures code or, in commercial cases, the CommercialCode (Código de Comercio), and will be resolved by the federal courts or the localcourts when only private interests are affected and the plaintiff has so chosen.Notwithstanding the above, while there is no special procedure in this respect, certainprocedural requirements must be met in order to file a civil or commercial claim or both.Recently, in case 31/2003–PS, the Supreme Court of Justice of the Nation resolved conflictinglower court decisions determining that in order for “the action for damages andlosses to be valid, the illegality of the act must have been shown in the proceedings and,in this regard, since the decision of IMPI is the only appropriate evidence with respect tothe violation of an industrial property right, the final decision of such Institute is a necessaryessential condition for the validity of the claim.”223Industrial Property