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Computer software and the North American Free Trade Agreement (NAFTA): will Mexican law represent a trade barrier?

BY LUIS C. SCHMIDT 2, PARTNER COMPUTER LAW & PRACTICE, VOL. 9, NO. 4, 1993 INTRODUCTION MEXICO, MODERNITY AND FREE TRADE Nowadays there is probably no country in the world not trying to modernize through protection of intellectual property rights. Structures, systems and forms can be diverse and vary, however, depending on the level of development achieved [...]
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Mexican Trademark Opposition System Will Be Operational as of August 30th, 2016

Jan -2011 As an update to our previous newsletter (No. 14 of May 2016) on the subject, the amendments to the articles of the Mexican Industrial Property Law (IPL) introducing trademark opposition proceedings were published in the Federal Government Gazette on June 1, 2016.Our May newsletter provided detailed analysis of the amendments, which will come into force [...]
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Copyright and Shrink Wrap Licences in Mexico

BY LUIS C. SCHMIDT, PARTNER COPYRIGHT WORLD, MARCH 1996 Discussion will be centred on the specific issues of enforceability, in Mexico, of shrink-wrap, box-top, and tear-open licences that come with computer software copies and packages directed for mass distribution and consumption. These, in Mexico as in other parts of the world, have become valuable instruments for [...]
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In Mexico, Software Owners Find Rights are Illusory

BY LUIS C. SCHMIDT PARTNER IP WORLDWIDE, NOVEMBER/DECEMBER 1996 PROBLEMS WITH ENFORCEMENT RENDER IP LAWS ALMOST MEANINGLESS. History has proven that Mexico's copyright laws[1]effectively protect authors' rights in traditional works such as paintings, books, music and films. However, new technologies have introduced new types of works, such as computer programs, and Mexico's copyright law has not [...]
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Digital Millenium ‘a la Mexicaine’

By Luis C. Schmidt, Partner Copyright World, December 2000 / January 2001  BACKGROUND: A SCENARIO OF NEW DEVELOPMENTS  Digital Technology is nothing else but a new challenge for copyright law. An initial question that experts have raised though is how much these new technologies have represented a threat for copyright in terms of the universal value [...]
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Database protection in Mexico

By Luis C. Schmidt, Partner World Information Technology Contacts Handbook 2001 INFORMATION IN THE DIGITAL AGE. Information is essential nowadays as it means value and wealth in terms of culture and economics. People now think of Information as a principal asset in their businesses, and devote their time, money and effort to developing, processing and transferring [...]
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Penalties to protect information

By Luis C. Schmidt, Partner International Technology Law Review, June 2001 There is no equivalent to the so called US Anti-wiretapping law in Mexico. On May 17 1999 however, the Mexican government published in the Federal Official Gazette a bill passed by congress, amending the Federal Penal Code. It puts in place certain criminal provisions concerning [...]
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Copyright protection for foreign works II

By Luis C. Schmidt, Partner Managing Intellectual Property, July/August 1999 In a previous briefing we analyzed copyright terms under the copyright laws of 1947, 1956, 1963 and 1997. Particular emphasis was made to the registration of rights, a requirement abandoned in the Mexican Iaw of 1947. It was also mentioned that a restoration provision required foreign [...]
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PRIVACY ISSUES UNDER MEXICAN LAW

By Luis C. Schmidt, Partner Computer und Recht International, April 2002  In Mexico there is no equivalent to the so-called US »Anti-wiretapping“ Law. However, amendments to the Federal Penal Code (published on May 17, 1999, in the Federal Official Gazette) implement, among others, criminal provisions concerning disclosure of confidential information and illegal access to information equipment [...]
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Getting the Deal Through – Trademarks 2011

BY SERGIO L. OLIVARES, JR. SOCIO MEXICO 1 OWNERSHIP OF MARKS WHO MAY APPLY? Trademarks in Mexico are regulated under Mexico’s current Law of Industrial Property (LIP), which was enacted on 27 June 1991 and further amended on 2 August 1994, and also under the Regulations to the LIP. Article 87 of the LIP establishes who […]

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