Publicaciones

Plant variety rights in Mexico: sowing the seeds for better protection

A proposed amendment in Mexican law needs to be implemented urgently in order to adapt legislation to include provisions in accordance with the UPOV Convention, as Luz Flores of Uhthoff, Gómez Vega & Uhthoff reports.

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ISSUES SURROUNDING TRADEMARK REGISTRATIONS IN MEXICO UNDER MADRID

I.Globalization has lead companies and business people to look for broader intellectual property protection, including that available for trademarks.

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VIDEO GAME PROTECTION IN MEXICAN LAW

From being computer programs based on repetitive patterns, to be nowadays the complex fully interactive digital platforms using artificial intelligence, with “worlds” and “scenarios” that in some instances take the gamer into a “parallel reality”, video games have evolved.

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An update on Mexico’s trademark opposition system

The first reaction most people have when they receive a letter threatening to file an opposition against a trademark application is to assume that the challenge is somehow personal.

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Nuevas figuras dentro de la ley de la propiedad industrial

La reciente reforma a la Ley de la Propiedad Industrial, representa uno de los cambios más importantes en las últimas décadas en cuanto a materia marcaria. El reconocimiento que dará la Ley a diversas figuras, incluyendo marcas olfativas y sonoras, así como marcas de certificación, entre otras, amplía la posibilidad de realizar una mayor explotación comercial de signos distintivos que ya se encontraban dentro del mercado mexicano, a pesar de carecer de una debida protección.

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PATENTABILITY OF ANTIBODIES IN MEXICO

An antibody is a protein produced by B lymphocyte cells that recognizes a particular foreign antigen, and thus triggers the immune response. Recognition requires the antibody to bind to a small region or structure on the antigen.

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INTELLECTUAL PROPERTY AND ITS IMPACT ON THE COMMERCIAL TREATY OF NORTH AMERICA

After the United States and Mexico reached an agreement to update the commercial relationship contained in the North American Free Trade Agreement (NAFTA), the US Embassy in Mexico disseminated the key points of digital commerce and intellectual property they will benefit

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MEXICO. HOW THE OPPOSITION SYSTEM HAS BEEN IMPLEMENTED

The one reason that trademark oppositions are filed is to counter a potential infringement on the rights of the opposing party; of course, there are often other issues at play, such as the interest of business owners to market their products and to attract consumers to their trademarks generating loyalty therefrom. Avoid confusion of similar trademarks in the market is also a reason to file oppositions.

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REFORMS TO THE MEXICAN INDUSTRIAL PROPERTY LAW, CONCERNING DISTINCTIVE SIGNS

After months of meetings between the different Mexican Law Associations and the corresponding Authorities, on April 3rd, 2018, the Mexican Congress approved the amendments to the Mexican Industrial Property Law concerning distinctive signs, amendments that were published in the Mexican Official Gazette on May 18th, 2018. These amendments will come into effect on August 10th, 2018, i.e. after 60 working days of their publication.

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Designs and The Hague Agreement

The Hague agreement establishes a system where a single design application give access to designs protection in over 68 contracting parties, which can provide protection in up to 81 countries through the international bureau of the World Intellectual Property Organization (WIPO).

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Data Exclusivity: Current overview and expectations

Mexican Data Exclusivity system is facing new challenges in light of current regulatory framework and reiterated holders’ concerns, as Anna Arroyo and Fernando Granados of Uhthoff Gómez Vega & Uhthoff report.

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México

Legislation and enforcement 1What is the relevant legislation? Copyright protection and the copyright legal system in Mexico derives from article 28 of the Federal Constitution. The Federal Copyright Law, which was enacted on 24 December 1996 and took effect as of 24 March 1997, is the main statutory law governing copyright and neighbouring rights. It affords copyright protection, constitutes the Public Copyright Registry and determines the causes of infringement against the copyright. Section 26 of the Federal Criminal Code contains a list of conduct to be considered as crimes against copyright and related rights and establishes the applicable penalties for the offenders. Other relevant legislation is found in the Industrial Property Law. This statutory law, which is focused on protecting industrial property rights, is applicable to the copyright field since it governs the proceedings to enforce copyrights for conduct in which the alleged infringer obtains direct or indirect profits from the commercial use of a work, which is a so-called ‘trade-related infringement’.

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