Mexico should accept secondary meaning
by Carlos A. Reyes Managing Intellectual Property, March 2011 According to Article 153 of the Mexican Industrial Property Law, a mark can be cancelled from the register when it has become in trade and for relevant consumers, the usual name of the products or services it was registered for. This referenced provision regulates the case of[...]
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Congress Amends IP Law
BY ERWIN CRUZ On 20th September 2010 a new decree came into force, reforming several provisions of the IP Law related to patent practice. The main amendments are as follows: The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of the “practical utility” of the invention and to support such[...]
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Getting the Deal Through – Trademarks 2011
BY SERGIO L. OLIVARES, JR. SOCIO MEXICO 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[...]
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MEXICAN SUPREME COURT DECIDES ON BROAD INTERPRETATION OF LINKAGE REGULATIONS
BY JUAN LUIS SERRANO Back in 2003, Mexico enacted linkage regulations to avoid the granting of marketing authorizations in violation of patent rights. The system created by these regulations is far less elaborate than the one set forth by the Hatch-Waxman act in the U.S., as there is no extension/term restoration, and there is no possibility[...]
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Mexican Congress Amends IP Law
BY JUAN LUIS SERRANO, PATENT DOCS, 2010 On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice. The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of “practical[...]
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