Region: Mexico

USMCA given green light; significant GI changes now a step closer to reality

The Canadian, Mexican and US governments have signed an amended version of the USMCA, meaning that ratification is a significant step closer – with the deal highlighting what IP concessions the Trump Administration will expect in future trade deals.

11 December 2019

Protecting and enforcing design rights: Mexico

Featured in Designs: A Global Guide 2020

14 November 2019

Are major brands stealing expressions of folklore in Mexico?

News outlets have focused on the use of expressions of folklore by fashion brands. In this guest post, a local expert argues that, with companies currently operating on the right side of the law, protecting these expressions against misuse belongs to the state.

22 October 2019

Procedures and strategies for pharmaceutical brands: Mexico

Featured in Pharmaceutical Trademarks: A Global Guide 2020/2021

There is no clear link between the IP Law and the Health Law and their regulations regarding conflicts between registered trademarks and marketing authorisations or distinctive names.

01 October 2019

Unfair competition in Mexico: how to play by the rules in advertising’s commercial battles

Competitive advertising strategies should prompt healthy commercial battles and bring out the best in advertising, yet some still use advertising to confuse and mislead customers. Mexico’s unfair competition legislation defends the rights of victims to dubious advertising practices.

30 September 2019

IP owners may be awarded more than minimum damages based on ‘40% rule’

A Circuit Court has held that judges can impose both compensatory damages for the loss suffered and punitive damages based on the ‘40% rule’ under Article 221bis of the Mexican Industrial Property Law.

12 August 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play.

29 July 2019

Healing confusion – choosing the correct name for pharmaceutical trademarks

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication.

17 July 2019

Procedures and strategies for anti-counterfeiting: Mexico

Featured in Anti-counterfeiting: A Global Guide 2019

The Official Database for Mexican Trademark Registrations of Mexican Customs is designed to allow rights holders to ask Customs to record information about their registered trademarks in Mexico, so that the administrative authorities can identify counterfeit goods being imported into the country in violation of such registered trademarks.

14 May 2019

Protecting fashion and cultural expressions

Protecting the knowledge and traditional cultural expressions of different cultures and indigenous communities is a complex task. Opinions are divided, but one route may involve IP rights to protect traditional forms of innovation and creativity.

01 May 2019

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