BY LUIS C. SCHMIDT PARTNER TRADE MARK YEARBOOK 1999, MANAGING INTELLECTUAL PROPERTY The Mexican Industrial Property Law (LIP) protects trade marks, services marks, collective marks, slogans, trade names and appellations of origin, on an exclusive basis, if sufficiently distinctive, and if duly registered with the Mexican Industrial Property Institute (IMPI). The LIP defines marks as “every [...]

BY LUIS C. SCHMIDT PARTNER TRADE MARK YEARBOOK 1998, MANAGING INTELLECTUAL PROPERTY Mexico can be counted within a large group of countries that grant protection to famous marks based on the principles of confusion. Some others, such as the US and Benelux, follow the concept of dilution.  Whereas the former has the purpose of protecting famous [...]

BY LUIS C. SCHMIDT PARTNER INTA 1998, NEW YORK, NY., USA I. INTRODUCTION I should start this presentation by congratulating INTA for its effort to put the present forum together. The topic of Trademark Dilution shall always be interesting for the U.S. practitioner, especially in view of the Dilution Act adopted in 1995. There certainly must [...]

BY LUIS C. SCHMIDT PARTNER REPORT Q 143 IN THE NAME OF THE MEXICAN GROUP, 1999 INTRODUCTION (a) The Groups are invited to comment on the above described endeavors: to prevent legal domain name problems of stricter registration conditions (cfr. hereinabove 1.12): to solve such problems outside the courts (cfr 1.13 a.f.); and to report on the [...]

BY LUIS C. SCHMIDT PARTNER IP WORLDWIDE, MAY/JUNE 1999 MEXICO’S HEALTH LAW THREATENS DRUG TRADEMARKS Over the past six years, the world’s pharmaceutical companies have been faced with new and steadily increasing trademark troubles. Their difficulties began on May 12, 1993, when the World Health Assembly announced resolution WHA 46.19[1]. This resolution was intended to end [...]

BY LUIS C. SCHMIDT PARTNER REPORT Q 148, 2000 I. AS FAR AS NATIONAL LAW OR CASE-LAW IS CONCERNED: 1. TO INDICATE IF IN THEIR OWN COUNTRIES THERE IS LEGISLATION, OR OTHER SOURCES OF LAW, TO PROTECT SHAPES OF GOODS, PACKAGES AND OTHER 3D SIGNS AS INDUSTRIAL DESIGNS AND/OR AS TRADEMARKS. Before addressing the question above, the following reflection [...]

BY LUIS C. SCHMIDT PARTNER MEXICO, JANUARY 2000 A. TRADEMARKS AND TRADE IDENTITY LAW Trademarks mean value as they represent goodwill. At the same time goodwill is the main goal to achieve by companies in business as a vehicle of reputation and success. Goodwill is thus the result of human creativity devoted to the development of [...]

BY LUIS C. SCHMIDT PARTNER TRADE MARK YEARBOKK 2001, MANAGING INTELLECTUAL PROPERTY Mexico, as well as many other foreign countries, does not follow the concept of dilution, but rather protects famous marks based on the "confusion" doctrine. For the purposes of this article it will be assumed that dilution can be somehow equated to the Mexican [...]

BY LUIS C. SCHMIDT PARTNER PATENT WORLD MAY 2001, NO. 132, INFORMA PROFESSIONAL BACKGROUND In patent law biotechnology is a fashion. There is currently an on going discussion as to whether DNA and resulting proteins as well as genes of living species, including human beings, can be patentable subject matter. The developed world has taken the lead [...]

BY LUIS C. SCHMIDT PARTNER PAPER PRESENTED AT THE 74TH ANNUAL GENERAL MEETING OF THE INTELLECTUAL PROPERTY INSTITUTE OF CANADA, SEPTEMBER 21-23, 2000, VANCOUVER, BRITISH COLUMBIA. 1.0 WHY A NORTH AMERICAN PATENT OFFICE? The North American Trade Region, composed of Canada, Mexico, and the United States, has a total population of 350 million inhabitants and an internal gross [...]