Mexico should accept secondary meaning
by Carlos A. Reyes Managing Intellectual Property, March 2011 According to Article 153 of the Mexican Industrial Property Law, a mark can be cancelled from the register when it has become in trade and for relevant consumers, the usual name of the products or services it was registered for. This referenced provision regulates the case of […]
Data Package Exclusivity (DPE). Mexico intends to pass a new law to fully recognize DPE rights in the domestic law.
Mar -2011 In previous newsletters regarding Data Package Exclusivity (DPE) in Mexico we highlighted that the domestic law was silent in the recognition of DPE rights. We also commented that in January 2008, the Mexican Health Regulations were amended concerning generic medications, eliminating the requirement to prove safety and efficacy for generics, which was substituted [...]
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Data Package Exclusivity (DPE)
Mexico intends to pass a new law to fully recognize DPE rights in the domestic law. por Alejandro Luna In previous newsletters regarding Data Package Exclusivity (DPE) in Mexico we highlighted that the domestic law was silent in the recognition of DPE rights. We also commented that in January 2008, the Mexican Health Regulations were amended [...]
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Design and trade dress protection Mexico
BY LUIS C. SCHMIDT PARTNER WORLD TRADEMARK REVIEW, JULY/AUGUST 2008 MEXICAN LAW PROVIDE PROTECTION TO DESIGNS USED AS TRADE DRESS FOR BOTH PRODUCTS AND SERVICES BY VIRTUE OF INDUSTRIAL DESIGN, COPYRIGHT OR TRADEMARK LAW, AS WELL AS BY UNFAIR COMPETITION. Design is perhaps the most interdisciplinary subject in IP law. The notion of design embraces everything [...]
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Scope of new specialised courts widened
POR 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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Congress Amends IP Law
BY ERWIN CRUZ On 20th September 2010 a new decree came into force, reforming several provisions of the IP Law related to patent practice. The main amendments are as follows: The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of the “practical utility” of the invention and to support such […]
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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