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5.3. Commercial Infringement Proceedings238C H A P T E R X I I IIn contrast to copyright infringement proceedings, commercial infringement proceedingsare carried out before the Mexican Industrial Property Institute (express remission of theLFDA), which will not only sanction said infringements, but may also adopt the precautionarymeasures set forth in the Industrial Property Law and will have the authority to investigate,order, and make inspection visits, as well as request information or specific data.These administrative proceedings may also be initiated with a written administrativepetition filed by the holder of the rights whose rights have been harmed. In the petition,the holder puts forward his theory as to why the infringement as established in the LFDAtook place. 21 The written administrative petition must be served on the presumedinfringer, who will have a specific time period to file a defense and submit evidence.This kind of infringement will be penalized by the Mexican Industrial Property Institutewith a fine equivalent to 5,000–10,000 days of the minimum daily wage, dependingupon the type of violation committed. In the event the person who commits theinfringement is a publisher, broadcaster, or any individual or entity that exploits workscommercially, the fine can be increased up to 50 percent.5.4. Proceedings before Judicial AuthoritiesThe LFDA establishes that it is the Federal Courts who will have jurisdiction over disputesarising from its application. However, when such disputes only affect private interests,the plaintiff may choose to have the local courts, meaning the State or Federal DistrictCourts, hear his/her case.__________21Pursuant to Article 231 of the LFDA, the following acts in commercial matters are considered infringementswhen they are carried out with a direct or indirect intent to profit: (a) disseminate or publicly use a work protectedby any means and in any form without the prior express authorization of the author, of his/her legitimatesuccessors or of the holder of the economic rights; (b) use the image of a person without his/herauthorization or that of his/her successors or assigns; (c) produce, reproduce, stock, distribute, transportor sell copies of works, recordings, videos, or books protected by copyright or related rights, without theauthorization of the copyright holders in the terms of this law; (d) offer in sale, store, transport, or put intocirculation works protected by the LFDA that have been damaged, altered, or mutilated without the authorizationof the copyright holder; (e) import, sell, lease, or any act making it possible to have a device or systemdesigned to deactivate electronic computer program protection devices; (f) retransmit, recording,reproduce, and disseminate to the public emissions of broadcasters without due authorization; (g) use, reproduce,or exploit a protected reservation of rights or a computer program without the consent of the holderof the rights; (h) use or exploit a name, title, physical, or psychological characteristics, or operating featuresin such a way that they mislead or can be confused with a protected reservation of rights; (i) use literaryand artistic works protected by the guidelines for national symbols and expressions of ethnic culturesin violation of the law, and (j) all other infringements of the provisions of the LFDA that involve conduct ata commercial or industrial scale related to works protected by copyright.