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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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Mexico’s fair use balancing act

POR LUIS C. SCHMIDT, SOCIO MANAGING INTELLECTUAL PROPERTY, BRAND MANAGEMENT: SPONSORED EDITORIAL, MAY 2009. Fair use is a legal theory used in IP law that sets out limitations to exclusive patent, trade mark or copyright rights and provides defences against allegations of IP infringement. It can be viewed as a line that divides the rights of [...]
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Getting the Deal Through Trademarks 2010

POR SERGIO L. OLIVARES, JR., SOCIO 1.   OWNERSHIP OF MARKS  Who may apply? Trademarks in Mexico are regulated under Mexico's current 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 LIP. Article 87 of the LIP establishes who may use [...]
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Mexico’s hotel for the stars highlights power in the name

POR ALEJANDRO LUNA, SOCIO. WORLD TRADEMARK REVIEW, FEBRUARY/MARCH 2010. In Mexico, a newspaper article was recently published under the headline: “Could you advertise your trademark by using David Beckham, Paris Hilton and Angelina Jolie and pay only US$300 for the campaign?” The article described an ingenious way of promoting a well-known hotel in Mexico City, which [...]
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