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Scope of new specialised courts widened

BY ERWIN CRUZ MANAGING INTELLECTUAL PROPERTY, FEBRUARY 2011 In 2008, the Federal Court for Tax and Administrative Affairs (FCTAA) created a Specialized IP Court to decide all the cases related to IP rights, which started work in January 2009. But whenever cases referred to arguments based on International IP Treaties, such as the Paris Convention or [...]
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The International Comparative Legal Guide to: Merger Control 2011

BY GUSTAVO ALCOCER PARTNER AND CARLOS WOODWORTH M. ICLG TO: MERGER CONTROL 2011, CHAPTER 28 MEXICO 1. RELEVANT AUTHORITIES AND LEGISLATION 1.1. WHO IS/ARE THE RELEVANT MERGER AUTHORITY (IES)? The Federal Competition Commission, which is an administrative agency independent from the Mexican Ministry of Economy, has technical and operational autonomy to issue its resolutions. The Commission is [...]
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New registry for security interests

BY RICARDO CADENA MANAGING INTELLECTUAL PROPERTY, DECEMBER 2010 / JANUARY 2011 Enforcing security interests is not always as simple as we may want it to be, especially when it comes to chasing debtors who retain title or possession of secured IP, or any movable asset colateral, where the debtor can assign or set that asset as [...]
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Getting the Deal Through – Data Protection Privacy 2015

by Gustavo Alcocer and Andrés de la Cruz The legal framework for PII protection is found in the Federal Law for the Protection of Personal Data Held by Private Parties, published in July 2010, its Regulations, published in December 2011, the Privacy Notice Rules, published in January 2013, and the Binding Self-Regulation Parameters, also published in January 2013. [...]
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ICLG to: Merger Control 2015

 by Gustavo Alcocer and Andrés de la Cruz The Federal Competition Commission, which is an administrative agency independent from the Mexican Ministry of Economy, has technical and operational autonomy to issue its resolutions. The Commission is integrated to exercise merger authority by public officials, divisions and administrative units. READ FULL ARTICLE HERE (Adobe Acrobat Reader required)
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Regulating grey goods

BY VÍCTOR RAMÍREZ, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, FEBRUARY 2010. Although grey goods, also known as parallel imports, are regulated under the Mexican Industrial Property Law (IPL), the IPL treats grey goods bearing trade marks very differently from those involving patents. In the case of trade marks, the law is very similar to that of the [...]
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Swiss format kept for medical use claims

BY ROMMY MORALES Article 19, section VII of the Mexican Industrial Property Law establishes, inter alia, that methods of therapeutic treatment applicable to the human body and to animals shall not be considered as inventions; as a result, such methods are expressly excluded from patentability. However, under Mexican law and practice, there is no exclusion of the […]

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ICLG Patents 2015

by Alejandro Luna F and César Ramos The only venue to enforce a patent is through administrative proceedings (infringement action) before the Mexican Patent Office (IMPI), which is not a Court of Law, but a Federal administrative entity. READ FULL ARTICLE HERE (Adobe Acrobat Reader required)    
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Double patenting and lack of support: Obstacles or opportunities?

by Sergio Olivares Jr. and Mauricio Sámano There are still some gaping gray areas in Mexican Patent Law, particularly when it comes to Double Patenting. But within these gray areas lie opportunities to discuss and define an innovative sector of the law. Sergio Olivares Jr and Mauricio Sámano explain: READ FULL ARTICLE HERE (Adobe Acrobat Reader required)
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