On November 30, INDAUTOR published in the Official Gazette an Agreement, commenting on the Agreement that was published in the Official Gazette on August 25, 2020, which allowed for applications for the renewal of reservations of rights to exclusive use, due to force majeure for COVID-19, to be received electronically in a special and temporary manner by the Directorate of Rights Reserves of the National Institute of Copyright. The electronic applications for renewal of reservations of rights to exclusive use of copyrighted material would be required to be presented by email and in a scheduled manner In order to facilitate this, INDAUTOR has now published the following Agreement:

INDAUTOR amended Article Four of the Agreement, whereby applications for renewal of reservations of rights to exclusive use, due to force majeure, are received electronically in a special and temporary manner before the Directorate of Rights Reserves of INDAUTOR, published in the Official Gazette of the Federation on August 25, 2020, since it establishes that:

Reliable proof of the use of the reserves of rights for exclusive use, referred to in Article 191 of the Federal Copyright Law, with expiration dates corresponding to any day between December 1 and 31, 2020, may be renewed through electronic filing of the respective renewal application within the period from January 1 to 31, 2021.

As of January 1, 2021, the administrative measure of suspension is maintained, so that the renewal of the reserves of rights to exclusive use can be complied with, in accordance with the provisions and terms set forth in Article 191 of the Federal Copyright Act, by means of electronic filing. This Agreement shall enter into force on December 1.

The other provisions of the Agreement allowing for electronic filings of renewal applications of reservations of rights to exclusive use, due to the aforementioned force majeure, which were published in the Official Gazette of the Federation on August 25, 2020, remain in effect.

The electronic filing provided for in this Agreement will be maintained until the implementation of the online system of the procedures for the renewal of the reservations of rights to exclusive use, or until some provision is issued in this regard.

The fees detailed in the Federal Law on Rights in force in the year 2020, shall be applicable to the requests for renewals, with respect to the reserves of rights to exclusive use whose term ends in the month of December, regardless of whether this Agreement provides for their electronic filing in the month of January 2021.

OLIVARES will continue to actively monitor this, and our Partner Luis C. Schmidt and his team are available for any questions or advice that may be required in this regard.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Abraham Díaz

Abraham Díaz

Partner

Abraham Díaz “adds value for clients with diverse portfolios as a result of his tripartite copyright, trademark and unfair competition expertise,” according to World Trademark Review’s WTR 1000. He co-chairs OLIVARES’ Litigation Team, as well as Data Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on litigation, copyright, trademarks, unfair competition, licensing, prosecution and opposition matters. He also counsels clients on trade dress, product configuration, advertising, false advertising, trade secrets, plant breeders’ rights, vegetal varieties; right of publicity; Internet and digital environment related issues, IT and Data Privacy matters.
Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Daniel Sánchez

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.
Gustavo A. Alcocer

Gustavo A. Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.
Sergio L. Olivares Sr.

Sergio L. Olivares Sr.

Partner

Sergio L. Olivares Sr. joined OLIVARES in 1987 and today leads the firm with strength and a commitment to transparency, client satisfaction, and personal service. He has been a partner since 1994 and Chairman of the Management Committee since 2009.

OF COUNSEL

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000
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