Proving patent infringement

BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2002 The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action[...]
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Proving patent infringement

BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2002 The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action[...]
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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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Reforming to harmonize

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS PATENT YEARBOOK 1996 Mexico has granted protection inventions since 1832. Various laws were promulgated over the following years, until finally in 1991 the current Law was passed. It introduced substantive amendments to improve the protection of industrial property rights which were, at least partially, forerunners of the North American[...]
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Exhaustion of rights

BY LUIS C. SCHMIDT PARTNER Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the[...]
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The impact of e-commerce on Mexico’s IP laws

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2000 The explosive growth of the internet has triggered the ongoing development of a huge variety of software programs used for a multiplicity of business methods and processes. In the United States, the State Street (State Street Bank & Trust Co v Signature Financial Group Inc., No. 96-1327[...]
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The reasons for valuation

BY GUSTAVO A. ALCOCER PARTNER AND CARLOS WOODWORTH MANAGING INTELLECTUAL PROPERTY, JUNE 2005 INTELLECTUAL PROPERTY VALUATION HAS NOVELTY VALUE AMONG IP PROFESSIONALS NOT USED TO THE MAINSTREAM IMPORTANCE OF INTANGIBLE ASSETS. We used to refer to IP valuation as a new trend with increasing importance in proportion to the increased relevance of IP when compared to tangible[...]
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