OLIVARES » Proportionality of website blocking derived from copyright infringements

Proportionality of website blocking derived from copyright infringements

In Mexico the total blocking of Internet websites is possible, to whose operators the copyright owner of works did not allow their upload. The Supreme Court of Justice resolved last week a case in certiorari.

This resolution puts Mexico among the countries protecting copyrights online. The Court considered possible that the Mexican Institute for the Industrial Property (IMPI) imposes preliminary injunctive measures by blocking websites, if after conducting a so-called “proportionality” analysis, it presumes that the copyright holder has not authorized the total copies uploaded in a website. The Supreme Court has thus tried to impose a balance between the  procedural practice of measurements and infringements.

AMPROFON and OLIVARES worked thoroughly representing the record companies.

INTELLECTUAL PROPERTY, CORPORATE & COMMERCIAL LAW

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This newsletter is intended only as a general discussion of the addressed issues, and should not be regarded as legal advice.

For further information on the content of this newsletter, please contact Luis Schmidt luis.schmidt@olivares.mx; Jaime Rodríguez jaime.rodriguez@olivares.mx; Walter Galeana walter.galeana@olivares,mx

or call at +52(55) 5322 3000