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 - [...]

BY LUIS C. SCHMIDT, PARTNER COPYRIGHT WORLD, FEBRUARY 2004 LUIS SCHMIDT OFFERS A THOROUGH ANALYSIS OF A NEW LAW WHICH HAS SIMULTANEOUSLY UPSET THE STATUS QUO IN MEXICO, AND MOVED THE COUNTRY AWAY FROM THE INTERNATIONAL COMMUNITY IN SUMMARY * MEXICO'S 1996 COPYRIGHT LAW, INTRODUCED TO BRING THE NATION IN LINE WITH GLOBAL OBLIGATIONS AND MODERN [...]

BY LUIS C. SCHMIDT, PARTNER The Asialaw IP Review, September 2004 PRODUCERS OF TV PROGRAMMES IN MEXICO NEED TO BE CAREFUL WHEN PREPARING THE CONTENT OF THEIR SHOWS BECAUSE THE LEGAL ASPECTS ARE PARTICULARLY IMPORTANT.   The Mexican Copyright Law considers television programmes as a category of copyrighted works. The Law of 1956 mentioned TV as a [...]

BY LUIS C. SCHMIDT, PARTNER COPYRIGHT WORLD, AUGUST 2001 PRINCIPLES OF MEXICAN COPYRIGHT LAW Mexican Copyright Law has been framed over the concept of author's rights. This is due to  the fact that it has followed the principles developed earlier in continental European countries, such as France and Spain.1 A copyright system developed from the idea that [...]

BY LUIS C. SCHMIDT PARTNER WORLD FOCUS, IP REVIEW 2006 HAS 2006 BEEN SUCCESSFUL FOR COPYRIGHT PROTECTION?  LUIS SCHMIDT PRESENTS A GLOBAL REPORT LOOKING AT HOW EACH COUNTRY HAS TACKLED COPYRIGHT ISSUES IN 2006  The year of 2006 has been a challenging one in terms of how media has impacted copyright laws around the world. Digital [...]

MANAGING INTELLECTUAL PROPERTY, DECEMBER 2006/JANUARY 2007 LATIN AMERICA HAS LONG BEEN AN ATTRACTIVE MARKET IN WHICH TO DO BUSINESS. BUT WITH HIGH LEVELS OF COUNTERFEITING AND PIRACY CONTINUING TO AFFECT THE REGION, HOW SHOULD IP OWNERS RESPOND? MIP, TOGETHER WITH CAVELIER ABOGADOS, OBLIGADO & CIA AND OLIVARES & CIA, INVITED IN-HOUSE COUNSEL, IP OFFICIALS AND [...]