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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]