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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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Protecting non-traditional marks in Mexico

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 [...]
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Famous marks protection versus dilution

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 [...]
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THE MEXICAN SYSTEM FOR PROTECTING FAMOUS MARKS VIS-A-VIS THE U.S. DILUTION THEORY: A COMPARATIVE ANALYSIS

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 [...]
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