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Copyright Throughout the World 2008

BY LUIS C. SCHMIDT PARTNER CHAPTER 25 MEXICO I. LEGAL BASIS § 25:1 THE LEGAL SYSTEM § 25:2 THE CURRENT ACTS GOVERNING COPYRIGHT AND ITS ENFORCEMENT § 25:3 THE CURRENT SECONDARY LAW § 25:4 TERRITORIAL SCOPE OF APPLICATION § 25:5 IMPORTANT RECENT AMENDMENTS IN LEGISLATION § 25:6 TRANSITIONAL PROVISIONS § 25:7 PENDING LEGISLATION § 25:8 INTERNATIONAL [...]
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THE REASONS FOR VALUATION

POR GUSTAVO A. ALCOCER SOCIO Y CARLOS WOODWORTH MANAGING INTELLECTUAL PROPERTY, JUNE 2005 INTELLECTUAL PROPERTY VALUATION HAS NOVELTY AMONG IP PROFESSIONALS NOT USED TO THE MAINSTREAM IMPORTANCE OF INTANGIBLE ASSETS. We used to refer to IP valuation as a new trend with increasing importance in proportion to the increased relevance of IP when compared to tangible assets [...]
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Reforming to harmonize

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS PATENT YEARBOOK 1996 Mexico has granted protection inventions since 1832. Various laws were promulgated over the following years, until finally in 1991 the current Law was passed. It introduced substantive amendments to improve the protection of industrial property rights which were, at least partially, forerunners of the North American [...]
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Copyright protection for foreign works

BY LUIS C. SCHMIDT PARTNER MANAGING INTELLECTUAL PROPERTY, MAY 1999 The following comments relate to the laws and rules in Mexico regarding copyright protection terms, in accordance with different laws in force in Mexico since 1947. The purpose of this note is to explain how they could have impacted on foreign works of authorship. The author [...]
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The impact of e-commerce on Mexico’s IP laws

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2000 The explosive growth of the internet has triggered the ongoing development of a huge variety of software programs used for a multiplicity of business methods and processes. In the United States, the State Street (State Street Bank & Trust Co v Signature Financial Group Inc., No. 96-1327 [...]
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ACCESSING GENETIC RESOURCES

BY OSVALDO AMARAL, MANAGING INTELLECTUAL PROPERTY, MARCH 2005 GIVEN THE RICHNESS OF MEXICO’S GENETIC RESOURCES, BIOPIRACY IS A SERIOUS THREAT IN THE COUNTRY. Mexico has the world’s fourth most biologically diverse eco-system: every existing biome can be found in the country. The country also contains 34 of 36 identifiable eco-climates and 25 out of 28 categories […]

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The State of well-known trade marks

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 [...]
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Exhaustion of rights

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 [...]
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Court fails to answer remuneration questions

BY LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, AMERICAS ENFORCEMENT FOCUS 2005 MEXICO'S SUPREME COURT HAS TRIED TO CLARIFY RECENT AMENDMENTS TO THE LAW ON COPYRIGHT REMUNERATION. The Supreme Court of Mexico recently rendered two judgments addressing remuneration rights in copyright law. In both cases the plaintiffs, Cinemex and Cinemas La Huasteca, two film exhibitors, sued [...]
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