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Anti-counterfeiting 2009

POR JOSÉ IGNACIO DE SANTIAGO CONTRIBUTING FIRM, WORLD TRADEMARK REVIEW 2009 LEGAL FRAMEWORK Although a number of international treaties and the Mexican Constitution touch on aspects of anti-counterfeiting law, the main domestic laws are as follows: the Industrial Property Law; the Federal Criminal Law; the Copyright Law; and the Customs Law. BORDER MEASURES Stopping goods at [...]
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Non-traditional trademarks

BY GABRIELA GONZÁLEZ WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENTS, AUGUST/SEPTEMBER 2009 THE DEFINITION OF ‘TRADEMARK’ IN MEXICAN LAW IS RESTRICTED TO SIGNS THAT CAN BE PERCEIVED VISUALLY. IN PRACTICE, THE TRADEMARK OFFICE NARROWS THIS DEFINITION FURTHER – FOR INSTANCE, BY NOT GRANTING REGISTRATION TO COLOURS UNLESS THEY ARE COMBINED WITH OTHER DISTINCTIVE ELEMENTS Words, letters and numbers have [...]
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New Customs rules lead to seizures

POR SERGIO RANGEL MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JUNE 2008 Although the law used to enable Customs to enforce IP rights in Mexico, this year has seen a major advance in the fight against counterfeiters and pirates. In January and following intense work by federal enforcement authorities and IP owners, the brand new early alert anti-counter-feit [...]
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Internet Issues

POR SERGIO RANGEL WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENT: MEXICO, FEBRUARY/MARCH 2009 DUE TO A LACK OF LEGAL FRAMEWORK, TRADEMARK OWNERS FIND IT DIFFICULT TO ENFORCE THEIR RIGHTS ON THE INTERNET - IN PARTICULAR, ON ONLINE AUCTION PLATFORMS. HOWEVER, SELF-REGULATION CODES HAVE BEEN DEVELOPED IN ORDER TO TACKLE THIS ISSUE. The Internet is widely considered to be [...]
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Trademark enforcement

BY ARMANDO ARENAS WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENT: MEXICO, JUNE/JULY 2009 IN MEXICO TRADEMARK RIGHTS ARE ENFORCED MAINLY THROUGH THE TRADEMARK OFFICE. THE ENFORCEMENT OF FAMOUS AND NOTORIOUS MARKS IS GOVERNED BY SPECIFIC RULES On June 16 2005 the Mexican Law of Industrial Property (LIP) was amended to improve the protection afforded to notorious and famous [...]
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Pharmaceutical Trademarks 2009

POR VÍCTOR RAMÍREZ WORLD TRADEMARK REVIEW 2009 SELECTION, CLEARANCE AND REGISTRATION RELEVANT BODIES AND REQUIREMENTS Trademarks in Mexico are regulated under the Mexican Industrial Property Law (IPL) and its regulations. Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they render (Article 87 of the IPL). The exclusive [...]
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Creating a secure franchise system

POR ABRAHAM DÍAZ MANAGING INTELLECTUAL PROPERTY, BRAND MANAGEMENT FOCUS 2006 On January 25, 2006, the Mexican Law of Industrial Property (LIP) was amended. Although the changes included some provisions on the filing of documents along with a complaint before the Mexican Trade Mark Office (IMPI), the main goal of the amendment was improving the regulation of [...]
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Pharmaceutical Advertising 2008

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO GLOBAL LEGAL GROUP, CHAPTER 34 1 GENERAL – MEDICINAL PRODUCTS 1.1 WHAT LAWS AND CODES OF PRACTICE GOVERN THE ADVERTISING OF MEDICINAL PRODUCTS IN MEXICO? Advertising of medicinal products in Mexico is mainly governed by the General Health Law, and the Regulations of the General Health Law Regarding Advertising. The […]

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Vegetal variety rights enforced

POR ABRAHAM DÍAZ MANAGING INTELLECTUAL PROPERTY, JUNE 2008  Since Mexico is part of the UPOV international treaty, the requirement to obtain protection for vegetal varieties are the same as in any other member country; that is, that the vegetal variety is new, distinctive, homogeneous and stable. Likewise the rights granted in Mexico in favour of plant [...]
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Enforcing plant variety rights in Mexico

POR ABRAHAM DÍAZ IAM MAGAZINE, IP IN THE LIFE SCIENCES INDUSTRIES 2009 ENFORCEMENT OF PLANT VARIETY RIGHTS IN MEXICO CAN BE CHALLENGING, DUE TO THE LIMITED LEGAL REMEDIES AVAILABLE AND THE PECULIARITIES OF THE DOMESTIC MARKET. HOWEVER, THANKS TO THE EFFORTS OF THE RELEVANT AUTHORITIES, STRONG PROTECTION IS NONETHELESS AVAILABLE As Mexico is a signatory to [...]
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