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The changing face of copyright

BY LUIS C. SCHMIDT, PARTNER COPYRIGHT WORLD ISSUE # 190, MAY 2009 "NEW TECHNOLOGIES ALLOW EVERYBODY TO BE THEIR OWN COPIER, PUBLISHER OR PUBLIC COMMUNICATOR" Copyright law is a field of law that has been designed with the purpose of connecting interests of different kinds, frequently in conflict. In the first place stands the author of [...]
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Getting the Deal Through – Trademarks 2007

BY SERGIO L. OLIVARES, JR. OWNERSHIP AND SCOPE OF MARKS 1. WHO MAY APPLY? Trademarks in Mexico are regulated under the current Mexican Law of Industrial Property (LIP), which was enacted on 27 June 1991 and further amended on 2 August 1994, and also under the Regulations to the L.I.P. Article 87 of the LIP establishes [...]
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THE NEW DIGITAL AGENDA

BY LUIS C. SCHMIDT, PARTNER COPYRIGHT WORLD ISSUE # 187, FEBRUARY 2009 IN SUMMARY -INTERNATIONAL EFFORTS TO COMBAT ILLEGAL FILE-SHARING INCLUDE THE REVISION OF THE BERNE CONVENTION BY THE WIPO. IT HAS ALSO RELEASED A COPYRIGHT TREATY AND PERFORMANCES AND PHONOGRAMS TREATY. BOTH TREATIES ADDRESS A DIGITAL AGENDA, AND SHOULD STRENGTHEN THE TECHNICAL PROTECTION MEASURES AVAILABE [...]
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Beat the counterfeiters in Mexico

POR SERGIO RANGEL MANAGING INTELLECTUAL PROPERTY, SPECIAL FOCUS: ANTI-COUNTERFEITING, MAY 2010 As a result of the global economic recession, many IP owners have reduced their budgets for anti- counterfeiting campaigns. Scaling back enforcement to the most sensitive jurisdictions, eliminating intelligence and investigative actions, and hiring unknown firms in the belief that they will be able to [...]
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The International Comparative Legal Guide – Merger Control 2010

POR GUSTAVO A. ALCOCER, SOCIO Y CARLOS WOODWORTH M. GLOBAL LEGAL GROUP 2010, CHAPTER 34 1. RELEVANT AUTHORITIES AND LEGISLATION 1.1 WHO IS/ARE THE RELEVANT MERGER AUTHORITY(IES)? The Federal Competition Commission, which is an administrative agency independent from the Mexican Ministry of Economy, has technical and operational autonomy to issue its resolutions. The Commission is integrated to [...]
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Anti-counterfeiting 2008

BY JOSÉ IGNACIO DE SANTIAGO CONTRIBUTING FIRM, WORLD TRADEMARK REVIEW 2008 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 [...]
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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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