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Exceptions to copyright protection and the permitted uses of copyright works in the hi-tech and digital sectors

POR LUIS C. SCHMIDT SOCIO 42 WORLD INTELLECTUAL PROPERTY CONGRESS PARIS, PALAIS DES CONGRÈSS 3 - 6 OCTOBER 2010  MEXICAN NATIONAL GROUP THE PURPOSE OF Q216A IS TO EXPLORE EXCEPTIONS TO COPYRIGHT PROTECTION RESULTING NOT FROM ISSUES OF ELIGIBILITY/QUALIFICATION FOR PROTECTION BUT FROM VARIOUS EXCEPTIONS, PERMITTED USES OR DEFENCES. AS STATED ABOVE, THIS PURPOSE IS OF ITSELF [...]
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Technology challenges digital rights

POR  LUIS C. SCHMIDT SOCIO MANAGING INTELLECTUAL PROPERTY, NOVEMBER 2010 The theory of indirect liability in copyright law rests on the idea that anybody who encourages or assists others to perpetrate an infringement, shall be liable to sanctions of an administrative, civil or criminal kind. Depending on the legal system involved, indirect liability is usually triggered [...]
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Nullity and lapse actions under Mexican Law

BY ANTONIO BELAUNZARÁN AND LUIS C. SCHMIDT PARTNERS In common with many other countries Mexico is not exempt from pirates who obtain registration for trade marks previously adopted by their genuine owners. In most cases the pirate registration covers a mark that was originated in a foreign country. The registration will be rejected if the mark happens to [...]
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From minimum to maximum

BY LUIS C. SCHMIDT PARTNER PHARMACEUTICALS SUPPLEMENT 1994 Historically, the patent and trade mark protection of chemical products and processes, particularly pharmaceutical products and process for preparing them, have been subject to periodical cycles of protection and non-protection in Mexico. THE 1976 ACT The Mexican Patent Law, enacted in 1976, established that chemical products and chemical [...]
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Trademark licensing and franchising

BY LUIS C. SCHMIDT PARTNER REPORT Q 116, JUNE 12 - 18, 1994, ANNUIRE 1993/IV COPENHAGUE AIPPI EXCO I. DEFINITION OF A TRADE MARK LICENSING AGREEMENT AND A FRANCHISE A. A TRADE MARK LICENCE 1. IS THERE A DEFINITION OF A TRADE MARK AND, IF SOME, WHAT IS IT? Industrial Property is ruled in Mexico principally [...]
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Legal aspects of merchandising

BY LUIS C. SCHMIDT PARTNER REPORT Q129 AIPPI MONTRÉAL 1995 I. THE PRACTICAL IMPORTANCE OF MERCHANDISING 1. IN WHAT FORM AND IN WHAT WAY IS MERCHANDISING USED IN THE COUNTRY IN QUESTION AND WHAT ARE THE SIGNS AND SYMBOLS WHICH ARE MOST WIDELY USED FOR THAT PURPOSE? Mexico represents an important producer of merchandising products. This [...]
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The Mexican Law of 1991 and the Amendments and Regulations of 1994: A Step forward to Enhanced Trademark Protection

BY LUIS C. SCHMIDT PARTNER INTA 1995 ANNUAL MEETING TABLE OF CONTENTS I. INTRODUCTION 1.1 Mexico and NAFTA: The Factors of the Changes 1.2 The Objectives of North American Free Trade Agreement in Relation to intellectual Property Law II. OVERVIEW OF MEXICAN TRADEMARK LAW 2.1 Constitutional Framework/Federal Protection 2.2 Duality of Rights: Registration and Use of [...]
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Mexico Battles Wave of Parallel Imports

BY LUIS C. SCHMIDT PARTNER INTELLECTUAL PROPERTY WORLDWIDE, SEPTEMBER 1995 The good news is that Mexico has undergone a major legal and economic reform. Since 1983, the country has moved from economic protectionism to a new open border policy that looks favorably on international trade, technology transfer and investment. As a result, the amount of imports [...]
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Patenting of Computer Software

BY LUIS C. SCHMIDT AND CESAR RAMOS, JR. PARTNERS REPORT Q 133 IN THE NAME OF THE MEXICAN GROUP, AIPPI 1997 A) LEGAL SITUATION IN THE COUNTRY IN QUESTION: A) DOES NATIONAL LAW EXPRESSLY EXCLUDE PROTECTION FOR SOFTWARE BY MEANS OF A PATENT? Yes it does. The patent Law establishes that for inventions it shall be understood "every [...]
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Use of trade marks in Mexico

BY LUIS C. SCHMIDT PARTNER TRADE MARK YEARBOOK 1997, MANAGING INTELLECTUAL PROPERTY Patents and trade marks are protected in Mexico under a federal statute known as the Law on Industrial Property (LIP). The LIP follows a dual system based on the registration and use of marks. REGISTRATION Registration confers nationwide exclusive rights as of the date [...]
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