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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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Framework for biotherapeutic products established

POR DANIEL SÁNCHEZ Y JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, IP FOCUS LIFE SCIENCES 7TH EDITION 2009 For many years, Mexico lacked a particular regulation for biotherapeutic products, specifically those manufactured through biotechnology. Although these products were available for patients in the domestic market, their approval by the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) was […]

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Improved protection for personalities

POR LUIS C. SCHMIDT Y ABRAHAM DÍAZ MANAGING INTELLECTUAL PROPERTY, OCTOBER 2006 Effective from May 20 2006, the Federal District’s local congress (the Federal District of Mexico comprises part of Mexico City’s metropolitan area) passed legislation to protect the human personality and likeness. The statute was entitled Law of Civil Liability for the Protection of the Right to Private […]

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Whither Rental Rights?

POR LUIS C. SCHMIDT, SOCIO WORLD INTELLECTUAL PROPERTY REVIEW 2008 International copyright law has embraced the question of whether copyright owners-or neighbouring rights holders- should be entitled to rental rights and, if so, whether said rights should be rendered as exclusive or remunerative. Answers have been discussed in international and regional treaties as well as in […]

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Make your case online

BY JUAN LUIS SERRANO AND ERWIN CRUZ MANAGING INTELLECTUAL PROPERTY, IP FOCUS AMERICAS 5TH EDITION 2009 Before 2003, all acts by authorities with jurisdiction over IP affairs in Mexico, specifically the Mexican Patent and Trademark Office (IMPI) and the Mexican Copyright Office (INDAUTOR), had to be challenged before Federal Courts, which did not have full capacity to review [...]
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