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Why Mexico matters

BY SERGIO L. OLIVARES, JR. PARTNER Mexico has a developing market for legal services inrelation to trademarks, which has doubled over the past 10 years. Filings from foreign mark owners have been the mainstay of business for many of the big players, but the likely ratification of the Madrid Protocol and other changes may see a [...]
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Examiners adopt strict trade mark practice

BY ALONSO CAMARGO PARTNER AND GUILLERMO A. BALLESTEROS MEXICAN TRADE MARK EXAMINERS HAVE RECENTLY BEEN OVER-STRICT IN CLASSIFICATION AND IN FINDING MARKS TO BE DESCRIPTIVE. ALONSO CAMARGO AND GUILLERMO BALLESTEROS OF OLIVARES & CIA ARGUE THAT THEIR PRACTICE DISADVANTAGES APPLICANTS AND SHOULD BE CHANGED Although Mexico became party to the Nice Agreement in March 2001, the international [...]
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Trademark refusal in Mexico on the grounds of descriptiveness

BY ALONSO CAMARGO, PARTNER. IAM BRANDS IN THE BOARDROOM 2007. The Mexican Industrial Property Law (IPL) contains a specific chapter dealing with absolute and relative grounds for refusal. Among such grounds, Section IV of Article 90 of the IPL establishes one basedon descriptiveness, establishing the following:         “Article 90. There are not registrable as trademarks: IV- Names, [...]
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Trademark prosecution and registration strategies

BY CARLOS ALBERTO REYES WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENTS, APRIL/MAY 2009 Protecting trademark rights in Mexico poses a number of challenges. The law sets out strict requirements on the types of signs that are capable of registration and the procedures differ in many ways from those in place in other jurisdictions. Protected signs Before developing a [...]
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Innovative data protection

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, NOVEMBER 2008 Regulatory authorities in many countries, including Mexico, require the applicant for a marketing authorisation for a new drug to provide data concerning the safety and efficacy of that drug. A company that develops a drug does not have an option, when bringing it to [...]
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Patent links hold health authorities to account

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, MAY 2007 A NEW SYSTEM LINKING THE HEALTH AND PATENT AUTHORITIES MAKES IT POSSIBLE TO CHALLENGE PHARMACEUTICAL MARKETING AUTHORIZATIONS. Recent developments in Mexico’s legal system address the relationship between health and industrial property-related provisions and now allow owners of certain types of industrial property to challenge […]

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An introduction to the PCT

BY CESAR RAMOS, JR., PARTNER AND LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, APRIL 2006 ELEVEN YEARS AFTER MEXICO JOINED THE INTERNATIONAL PATENT SYSTEM, LUIS SCHMIDT AND CÉSAR RAMOS OF OLIVARES & CÍA LOOK AT THE RECENT CHANGES TO THE PCT SYSTEM, AND CONSIDER THEIR IMPACT IN MÉXICO. The Patent Cooperation Treaty (PCT) was conceived with the purpose […]

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Amendments proposed to franchise regulation

POR GUSTAVO A. ALCOCER, SOCIO Y CARLOS WOODWORTH M. MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFING, APRIL 2005 On November 30 2004, the Senate sent for revision to the Lower Chamber of Representatives (Cámara de Diputados) a Decree to amend the Mexican Industrial Property Law. Among other amendments, the Decree includes amendments to Article 142 of the Law. Until [...]
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Passing on good advice

BY JOSÉ I. DE SANTIAGO THE WORLD INTELLECTUAL PROPERTY REVIEW 2007 For many years now, we have read several articles in special­ized magazines and have heard expert lectures in a number of conferences stating the ways to deal with counterfeiting in México. Most of these Iectures and articles are oriented toward an academic explanation of [...]
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Technology tangle: Mexico

BY SERGIO L. OLIVARES, JR. PARTNER WHILE TRADE DRESS RIGHTS MAY BE ENFORCED AGAINST THIRD PARTIES UNDER UNFAIRCOMPETITION PROVISIONS, THE SCOPE OF PROTECTION AFFORDED TO MOST UNREGISTERED RIGHTS IS LIMITED TO SERVING AS A DEFENCE AGAINST CLAIMS MADE BY A LATER REGISTRANT OF A SIMILAR OR IDENTICAL MARK. The Mexican Law of I ndustrial Property (LIP) [...]
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