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 [...]

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 [...]