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 [...]

BY LUIS C. SCHMIDT PARTNER LITIGATION YEARBOOK 2002 The standard of patent infringement under Mexican law is basically the same as in the US. Accordingly, to determine patent infringement it is required that someone without authorization makes, uses, offers to sell, sells, or imports a patented invention in the territory of the Mexican Republic during the term [...]

BY LUIS C. SCHMIDT PARTNER TRADE MARK YEARBOOK 2002, MANAGING INTELLECTUAL PROPERTY In Mexico, certain types of geographical names are protected by the concept of appellations of origin. This protection is provided for in the Mexican Law of Industrial Property. Article 156, which reads: Understood as an appellation of origin is the name of the geographic [...]

BY LUIS C. SCHMIDT, PARTNER GETTING THE DEAL THROUGH - COPYRIGHT 2006 LEGISLATION AND ENFORCEMENT 1What is the relevant legislation? The legislation affecting copyright law in Mexico includes: • the Copyright Act 1996; • the 1998 Regulations to the Copyright Act; • the Industrial Property Act 1991 and reforms of 1994; • the Federal Code of [...]

BY LUIS C. SCHMIDT, PARTNER COPYRIGHT WORLD ISSUE # 164, OCTOBER 2006 LUIS SCHMIDT EXPLORES THE NATURE OF COPYRIGHT PROTECTION FOR MEXICAN FILMS IN SUMMARY - THE MEXICAN FILM INDUSTRY EMERGED IN THE 1930S. GOVERNMENT AND TALENT HAS DEVELOPED SUCCESFULLY UNDER THE FRAMEWORK OF AN EFFECTIVE LEGAL SYSTEM THAT WITH CERTAIN MODIFICATIONS HAS CHARACTERISED THE INDUSTRY'S SPIRIT - [...]