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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

BY LUIS C. SCHMIDT PARTNER WORLD COPYRIGHT LAW REPORT, MARCH 2005 In Cinemas La Huasteca v Federal Congress (RA 296/2004 Amparo 1340/2003), the Ninth Circuit Court in Mexico City has overruled an earlier district court resolution and found that group of film exhibitors and broadcasters do have the right to bring a constitutional action against a copyright remuneration scheme. The [...]

BY LUIS C. SCHMIDT PARTNER WORLD COPYRIGHT LAW REPORT, JUNE 2006 The Chamber of Deputies has approved a bill to insert Article 26ter, which deals with remuneration rights for reproduction of works of authorship, into the Copyright Act. Three years ago Congress passed a bill adopting Article 26bis, a remuneration right for the public communication of [...]

BY LUIS C. SCHMIDT PARTNER WORLD COPYRIGHT LAW REPORT, OCTOBER 2004 The Mexican Congress has passed a bill amending the Copyright Act 1996 in order to grant additional rights to authors and holders of neighbouring rights (eg, artists and record producers). Among other things, the bill: entitles authors and artists to claim royalties for the secondary [...]

BY LUIS C. SCHMIDT PARTNER MANAGING INTELLECTUAL PROPERTY, APRIL 2007 Intellectual property laws around the world have recognized the complex nature of human creativity, and have divided it into three major areas: patents — for creativity in technology, based on the principle of novelty; copyright — for artistic creativity, based on the principle of originality; and trade [...]