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Mexico: Internet Copyright

BY LUIS C. SCHMIDT PARTNER COMPUTER UND RECHT INTERNATIONAL, FEBRUARY 2001 The Internet raises the most challenging and interesting questions and issues in copyright law. Although principles, including those resulting from the Berne Convention, remained the same, countries have been calling for new rules asserting copyright rights on the Internet, as well as legal remedies for [...]
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Private Reproduction Righst and Exemptions under Mexican Copyright Law

BY LUIS C. SCHMIDT PARTNER THE ASIALAW IP REVIEW, JULY/AUGUST 2003 AN AMENDMENT BILL RECENTLY PASSED BY CONGRESS WILL INTRODUCE SWEEPING CHANGES TO MEXICO'S COPYRIGHT LEGISLATION. HOWEVER, THE NEW BILL HAS NOT BEEN WITHOUT CONTROVERSY. IN PARTICULAR, THERE HAS BEEN MUCH DEBATE OVER PRIVATE REPRODUCTION RIGHTS AND WHETHER COPYRIGHT HOLDERS SHOULD BE COMPENSATED. During April and [...]
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Tightening the generics loophole

BY LUIS C. SCHMIDT PARTNER MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2005 For the past couple of years the world has battled with the idea of pharmaceutical generics. The reason is the expiration of a great number of active ingredient patents in force during the 1970s and 1980s, giving rise to a market for drugs that are copies [...]
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Licensing as a Source of Technology Trade: A Picture of Latin America

BY LUIS C. SCHMIDT PARTNER LES/AIPPLA MEETING, NOVEMBER 2005  1.0 THE ROLE OF LICENSING IN TODAY’S BUSINESS AND ECONOMY. There is no question that intellectual property licensing has played a major role in today’s business and economy. Nobody would disagree that companies in a modern world can only grow on the basis of technology or other intangible [...]
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The rules on co-owning IP rights

BY LUIS C. SCHMIDT PARTNER MANAGING INTELLECTUAL PROPERTY, AMERICAS IP FOCUS 2007 CO-OWNERSHIP OF IP IS A COMPLEX MATTER, AS DIFFERENT COUNTRIES FOLLOW DIFFERENT SYSTEMS, AND TERMINOLOGY ALSO VARIES.  LUIS C. SCHMIDT OF OLIVARES & CIA DISCUSSES THE SYSTEM WHICH MEXICO HAS DEVISED AS IT APPLIES TO COPYRIGHT AND TRADE MARKS. Co-ownership is one of the [...]
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TIME FOR USERS TO TAKE RESPONSIBILITY?

BY LUIS C. SCHMIDT PARTNER MANAGING INTELLECTUAL PROPERTY, OCTOBER 2007 DIGITAL MEDIA OFFER A RANGE OF WAYS FOR PEOPLE TO INFRINGE COPYRIGHT. MEXICAN LAW IS ADAPTING TO THIS SITUATION, BUT THE QUESTION IS WHO TO PROSECUTE FOR INFRINGEMENT. A number of alternatives exist for distributing copyrighted content through the internet and other digital networks. The internet [...]
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A public performance in Mexico

BY LUIS C. SCHMIDT PARTNER COPYRIGHT WORLD ISSUE # 170, MAY 2007 On 16 April 2007, the Supreme Court of Mexico rendered an important resolution in connection with remuneration rights. The background of which is set against a bill passed by Congress in 2003 which recognized the rights for public performance of works-of-authorship. In essence, the [...]
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Mexico: Interception and Use of Satellite Broadcasting

BY LUIS C. SCHMIDT PARTNER INTERNATIONAL CRI, ISSUE # 3, JUNE 2007 On 9 February 2007, the Second Unitary Court in Criminal Affairs in Mexico City, confirmed a resolution, granting liberty to two individuals that had installed dish equipment to their client’s television receivers, with the purpose to connect satellite television signals from carriers like Sky/Televisa [...]
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Landmark ruling backs copyright users

BY LUIS C. SCHMIDT PARTNER MANAGING INTELLECTUAL PROPERTY, MAY 10, 2007 Cinemas and other organizations that deal with collecting societies are celebrating a victory in Mexico’s Supreme Court. In a rare intervention in copyright law, the Court said that authors can assign their remuneration right to third parties without limitations. The April 16 decision means that [...]
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Acquittal of satellite decoders highlights need for legal reform

BY LUIS C. SCHMIDT PARTNER WORLD COPYRIGHT LAW REPORT, MAY 10 2007 Unitary Court in Criminal Affairs in Mexico City has confirmed a resolution acquitting two individuals that installed satellite-dish equipment to their client’s television receivers with the intention of picking up satellite television signals from carriers such as Sky and Dish Networks. The criminal investigation [...]
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