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How to prevent frivolous actions

Having spent years litigating IP matters, I have shared the frustration of clients who have been forced to intervene in administrative litigation because they are being frivolously accused of having committed an administrative infringement; their trademarks have been misappropriated; or their IP rights are being attacked in an ungrounded manner, through counterclaims that are filed in response to infringement actions previously filed by the owner of the [...]
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Getting the Deal Through – Patents 2012

by César Ramos, Alejando Luna, Juan Luis Serrano & Erwin Cruz Patent enforcement proceedings 1 Lawsuits and courts What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought? The only competent authority to hear and decide a patent infringement suit is [...]
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Surge of Patent Application Final Rejections Provides Unique Opportunity for Patent Precent Making

by Osvaldo Amaral In the past year or so, the Mexican Patent Office has issued record numbers of arbitrary and criteria-less final rejections for Mexican patent applications in basically across all technology areas. Most of the final rejections have been directed to computer-implemented inventions and business method-related inventions. Under Mexican patent law and practice, a final [...]
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Recent amendment to the Federal Law for Consumer Protection

by Luz Elena Elías Managing Intellectual Property, February 2012 The Federal Law for Consumer Protection (FLCP) contains a set of generic rules for the advertising of practically all products and services. It focuses on protecting consumers’ rights, whereas the Consumer Protection Bureau (PROFECO) is the governmental agency in charge of investigating and resolving matters arising under [...]
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Amendments to the Federal Law for Consumer Protection

by Víctor Ramírez New amendments to the Federal Law for Consumer Protection (FLCP) came into force on December 16, 2011, providing two main changes, namely: (i) the misleading information/advertising (deceitful or abusive) will be considered now as a serious infringement, therefore the amount for the corresponding economical sanctions has been increased, and (ii) providing additional faculties [...]
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Advertising in social media networks

by Ignacio Burgoa Nowadays, it is common for companies to advertise their products through social media networks. These kinds of promotions often employ the names of celebrities and public figures, and this presents a challenge for copyright, in particular, the Mexican reserve right. The names of celebrities are most commonly used by linking their names to a [...]
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