BY GUILLERMO BALLESTEROS A NEW LAW IS BEING INTRODUCED IN MEXICO AIMED AT CLARIFYING THE RULES FOR WELL-KNOWN TRADE MARKS. Article 90 Section XV of Mexico's Industrial Property Law protects those marks which in the eyes of the Mexican Institute of Industrial Property are considered well-known. However, a mark is understood to be well-known when a [...]

BY LUIS C. SCHMIDT PARTNER Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the [...]

BY CARMEN SADA Y GARCÍA NARANJO There is no doubt that substantial efforts have been effected in Mexico to improve trade mark protection, such as those contained in the 2005 amendment to the Mexican Industrial Property Law, where the possibility to obtain declarations for well known and famous trade marks has been established. However, it is [...]

BY SERGIO L. OLIVARES, JR. PARTNER 1. LEGAL FRAMEWORK NATIONAL Trademarks in Mexico are governed by the Industrial Property Law 1991 (as amended), and its supplementary regulations. INTERNATIONAL Mexico is a signatory to the following International trademark treaties: the North America Free Trade Agreement (Sixth Part, Chapter XVII - Intellectual Property); the Agreement on Trade-Related Aspects of [...]

BY SERGIO L. OLIVARES, JR. PARTNER 1. LEGAL FRAMEWORK NATIONAL Trademarks in Mexico are governed by the Industrial Property Law 1991 (as amended), and its supplementary regulations. INTERNATIONAL Mexico is a signatory to the following international trademark treaties: the North America Free Trade Agreement (Sixth Part, Chapter XVII — Intellectual Property); the Agreement on Trade-Related Aspects of [...]

BY SERGIO L OLIVARES, JR., PARTNER MANAGING INTELLECTUAL PROPERTY, DECEMBER 2001/JANUARY 2002 The issue of parallel imports has traditionally been a difficult matter to deal with. Objectively speaking we can call it a “fair” situation where the trade mark owner loses control over non-authorized importations of original products after the goods are sold directly by the […]