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Business methods and software-related inventions

BY OSVALDO AMARAL MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, SEPTEMBER 2005 Applicants interested in protecting business methods and software related inventions in Mexico are not completely prevented from protecting these types of inventions if certain considerations are taken into account. Although Article 19, Section III of the Law of Industrial Property expressly deems business methods per se and software per […]

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Transit merchandise can escape Customs

BY JUAN CARLOS VILLASEÑOR MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2007 One of the main problems in enforcing IP rights against transit merchandise in Mexican Customs has been the interpretation of the concept of “importation” that some local officers apply when dealing with infringement proceedings, specifically with border measures. Mexico’s Industrial Property Law (IPL) does not provide for [...]
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Applying federal law to industrial property

BY DANIEL SÁNCHEZ Y BÉJAR MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, MARCH 2002 In April and May 2000, the Mexican Federal Administrative Proceedings Law was amended on a supplementary basis. The changes meant that standards for the administrative proceedings of the law became applicable to all actions filed before the Mexican Institute of Industrial Property (the IMPI). [...]
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Controversial copyright reform introduced

BY LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, OCTOBER 2004 Congress last year passed an amendment to the copyright law that has had a significant impact on some entertainment industries. The provisions passed into law state that authors and performing artists will have a right to remuneration for the public performance of works that [...]
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Image and publicity rights in Mexico

BY LUIS C. SCHMIDT, PARTNER AND ABRAHAM DÍAZ ARCEO WORLD TRADEMARK REVIEW, SEPTEMBER/OCTOBER 2008 THE NEW PRIVACY LAW, WHICH CAME INTO EFFECT IN 2006, ENHANCES THE PROTECTION OF THE RIGHTS TO PRIVACY AND PUBLICITY UNDER THE FEDERAL CIVIL CODE AND THE COPYRIGHT LAW Traditionally, the protection of names and images has been an important part of IP [...]
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Understanding reserva rights

BY LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, OCTOBER 2008 Reserva is an exclusive patrimonial right to authorize the use of titles of publications or broadcasts, names of artists or artistic groups, characters of fictitious or human nature, or so-called publicity promotions. By virtue of reservas, right holders can authorize or prohibit third parties [...]
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Copyright Office to check ISSN and ISBN

BY LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, APRIL 2009 The Mexican Copyright Law requires applicants for ISBN and ISSN numbers to submit a catalogue card, showing the following information: full name and address of the publisher; year of edition or reprinting; ISBN or ISSN number; and number and date of edition. It also [...]
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Mexico, a valuable offshoring/outsourcing destination

BY GUILLERMO BALLESTEROS Mexico is considered one of the most important offshoring/outsourcing destinations in Latin America, followed by Brazil and Argentina. Other flourishing outsourcing centres in Central America include Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and the Dominican Republic. The Central American Free Trade Agreement concluded with the United States has made offshoring and outsourcing [...]
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Single colour marks in Mexico

by Alonso Camargo Partner MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, NOVEMBER 2003  According with the Mexican Industrial Property Law (IPL), a single colour may not constitute a trade mark, thus resulting in an absolute ground for refusal. Indeed, section V of article 90 establishes that the following are not allowed to be registered as trade marks: "Ietters, [...]
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Contributing Firm Mexico 2007

by Sergio L. Olivares, Jr. Partner NATIONAL Trademarks in Mexico are governed by the Industrial Propertv Law 1991 (as amended), and its supplementary regulations. INTERNATIONAL Mexico is a signatory to the following internationaI tradermark treaties: the North America Free "Trade Agreement (Sixth Part. Chapter XVII - Intelectual Property); the Agreement on Trade-Related Aspects of Intelectual Property [...]
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