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Regulating grey goods

BY VÍCTOR RAMÍREZ MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, FEBRUARY 2010 Although grey goods, also known as parallel imports, are regulated under the Mexican Industrial Property Law (IPL), the IPL treats grey goods bearing trade marks very differently from those involving patents. In the case of trade marks, the law is very similar to that of the [...]
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New criterion for recognising letters of consent in Mexico

BY ALEJANDRO LUNA, PARTNER AND CARLOS ALBERTO FLORES RUIZ. Historically, the Mexican Trademark Office (IMPI) has recognised letters of consent as a valid means to overcome anticipations cited during the prosecution of a trademark application. Through a letter of consent, the owner of a senior registered trademark and a trademark applicant express their consent to registration, [...]
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Composite trade marks

BY ARMANDO ARENAS In Mexico, the Mexican Trademark Office (TMO) has been reluctant to grant registrations for composite trade marks, especially those involving the protection of the shape of bottles. Arguably, this is because the TMO improperly focuses its analysis solely on the shape of the bottle, without studying the collection of elements as a whole. [...]
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IP court instituted

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO-LEETS. MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, FEBRUARY 2009. The creation of the specialised intellectual property section of the Federal Court for Tax and Administrative Affairs (FCTAA), which began functioning on January 5, marks an important development in the Mexican intellectual property landscape. The specialised IP section of the FCTAA has [...]
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Mexican Linkage Gazette Dec 2009

Esta gaceta tiene el propósito de cumplir lo señalado en el Decreto por el que se adiciona el artículo 47 bis del Reglamento de la Ley 3 de la Propiedad Industrial, publicado en el Diario Oficial de la Federación el 19 de septiembre del 2003, donde se establece:Artículo 47 bis. Tratándose de patentes otorgadas a [...]
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Venues for appealing IMPI decisions

POR DANIEL SÁNCHEZ, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, APRIL 2009. Since 2000, the proper venues in which to challenge decisions from IMPI included the review recourse proceeding before IMPI itself and/or the nullity trial before the Federal Court for Tax and Administrative Affairs (FCTAA). Last year, the Supreme Court, through a jurisprudence that is mandatory for [...]
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Protecting novel ideas

BY MARIA DOLORES KRALJ, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JUNE 2009. One of the cornerstones of the copyright system is the idea/expression dichotomy, which sets forth that only the original expression of ideas is to be protected, rather than the ideas themselves. This principle poses important challenges for the creative industries, since the distinction between [...]
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New Trade mark renewal procedures

BY MAURICIO NARVAEZ The Mexican IP authorities have implemented new procedures for renewing trade mark applications that have been pending for ten years. Mexican law states that a registered trade mark is valid for ten years from its filing date and that it may be renewed for an additional term of ten years. However, if the [...]
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Compulsory licences and swine flu

BY YURI VAZQUEZ, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2009. Mexico is closer than it ever has been in history to granting compulsory licences due to a national emergency.   According to Article 77 of the Industrial Property Law (IPL), the declaration of compulsory licensing by cause of emergency is not automatic, as it requires inter alia compliance […]

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The death of business methods

BY OSWALDO AMARAL, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, DECEMBER 2009. Following a trend in several major patent offices around the world with respect to the protection of business method-related patents, the Mexican Patent Office is shifting more decisively towards summarily rejecting applications seeking to protect such inventions.   This year, the Mexican Patent Office has issued […]

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