BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS PATENT YEARBOOK 1996 Mexico has granted protection inventions since 1832. Various laws were promulgated over the following years, until finally in 1991 the current Law was passed. It introduced substantive amendments to improve the protection of industrial property rights which were, at least partially, forerunners of the North American […]

BY LUIS C. SCHMIDT PARTNER Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the […]

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2000 The explosive growth of the internet has triggered the ongoing development of a huge variety of software programs used for a multiplicity of business methods and processes. In the United States, the State Street (State Street Bank & Trust Co v Signature Financial Group Inc., No. 96-1327 […]

BY GUSTAVO A. ALCOCER PARTNER AND CARLOS WOODWORTH MANAGING INTELLECTUAL PROPERTY, JUNE 2005 INTELLECTUAL PROPERTY VALUATION HAS NOVELTY VALUE AMONG IP PROFESSIONALS NOT USED TO THE MAINSTREAM IMPORTANCE OF INTANGIBLE ASSETS. We used to refer to IP valuation as a new trend with increasing importance in proportion to the increased relevance of IP when compared to tangible […]

BY CESAR RAMOS, JR., PARTNER AND LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, APRIL 2006 ELEVEN YEARS AFTER MEXICO JOINED THE INTERNATIONAL PATENT SYSTEM, LUIS SCHMIDT AND CÉSAR RAMOS OF OLIVARES & CÍA LOOK AT THE RECENT CHANGES TO THE PCT SYSTEM, AND CONSIDER THEIR IMPACT IN MÉXICO. The Patent Cooperation Treaty (PCT) was conceived with the purpose [...]

BY LUIS C. SCHMIDT AND ABRAHAM DÍAZ MANAGING INTELLECTUAL PROPERTY, OCTOBER 2006 Effective from May 20 2006, the Federal District’s local congress (the Federal District of Mexico comprises part of Mexico City’s metropolitan area) passed legislation to protect the human personality and likeness. The statute was entitled Law of Civil Liability for the Protection of the Right to Private […]

BY LUIS C. SCHMIDT, PARTNER WORLD INTELLECTUAL PROPERTY REVIEW 2008 WHITHER RENTAL RIGHTS? International copyright law has embraced the question of whether copyright owners-or neighbouring rights holders- should be entitled to rental rights and, if so, whether said rights should be rendered as exclusive or remunerative. Answers have been discussed in international and regional treaties as […]

by Luis Schmidt The advent of 3D printing presents new challenges for intellectual property owners—particularly in the realms of trademarks and patents. While copyright law has evolved through the years to protect copyrighted works from mass infringement on the Internet, there has been less need for laws protecting patented inventions and trademarked products online, as it [...]

BY GEORGINA FLORES MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, SEPTEMBER 2008 In recent months, the Mexican Patent Office (IMPI) has changed its practice regarding the time limit to file divisional applications. In cases where divisional applications are filed as a result of a requirement regarding lack of unity of the invention, they must be filed simultaneously with [...]

BY JUAN LUIS SERRANO, On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice.  The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of “practical utility” of the […]