COVID-19 Update on Information on the National Institute of Copyright (INDAUTOR)

Dec – 11 – 2020

On November 30, INDAUTOR published in the Official Gazette an Agreement, commenting on the Agreement that was published in the Official Gazette on August 25, 2020, which allowed for applications for the renewal of reservations of rights to exclusive use, due to force majeure for COVID-19, to be received electronically in a special and temporary manner by the Directorate of Rights Reserves of the National Institute of Copyright. The electronic applications for renewal of reservations of rights to exclusive use of copyrighted material would be required to be presented by email and in a scheduled manner In order to facilitate this, INDAUTOR has now published the following Agreement:

INDAUTOR amended Article Four of the Agreement, whereby applications for renewal of reservations of rights to exclusive use, due to force majeure, are received electronically in a special and temporary manner before the Directorate of Rights Reserves of INDAUTOR, published in the Official Gazette of the Federation on August 25, 2020, since it establishes that:

Reliable proof of the use of the reserves of rights for exclusive use, referred to in Article 191 of the Federal Copyright Law, with expiration dates corresponding to any day between December 1 and 31, 2020, may be renewed through electronic filing of the respective renewal application within the period from January 1 to 31, 2021.

As of January 1, 2021, the administrative measure of suspension is maintained, so that the renewal of the reserves of rights to exclusive use can be complied with, in accordance with the provisions and terms set forth in Article 191 of the Federal Copyright Act, by means of electronic filing. This Agreement shall enter into force on December 1.

The other provisions of the Agreement allowing for electronic filings of renewal applications of reservations of rights to exclusive use, due to the aforementioned force majeure, which were published in the Official Gazette of the Federation on August 25, 2020, remain in effect.

The electronic filing provided for in this Agreement will be maintained until the implementation of the online system of the procedures for the renewal of the reservations of rights to exclusive use, or until some provision is issued in this regard.

The fees detailed in the Federal Law on Rights in force in the year 2020, shall be applicable to the requests for renewals, with respect to the reserves of rights to exclusive use whose term ends in the month of December, regardless of whether this Agreement provides for their electronic filing in the month of January 2021.

OLIVARES will continue to actively monitor this, and our Partner Luis C. Schmidt and his team are available for any questions or advice that may be required in this regard.

Luis Schmidt luis.schmidt@olivares.mx; Sergio L. Olivares sergio.olivares@olivares.mx; Gustavo Alcocer gustavo.alcocer@olivares.mx; Alejandro Luna F. alejandro.luna@olivares.mx; Daniel Sánchez daniel.sanchez@olivares.mx; Abraham Díaz abraham.diaz@olivares.mx; Armando Arenas armando.arenas@olivares.mx

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