On March 31, 2020, due to the increase in cases of contagion in the country, the Secretary of Health published in the Official Gazette of the Federation, a Decree, establishing extraordinary actions to address the health emergency due to causes of force majeure, generated by the SARS-CoV2 virus (COVID-19).

In summary, the measures adopted in the public, private and social sectors are the following:

Immediate suspension of all activities from March 30 to April 30, 2020 with exception to the essential activities.

The activities considered essential are subject to exception from the suspension of activities, in summary: I) necessary to attend the health emergency; II) public safety; III) fundamental sectors of the economy; IV) those directly related to the operation of government social programs; V) those related to critical public services.

The following practices are imposed: I) meetings of less than 50 people; II) frequent hand washing; III) remote greeting; IV) “etiquette” sneeze (under the elbow).

The entire population in Mexican territory is invited to stay at home, with the exception of those who participate in essential activities.

Stay at home is strictly applied to people in the vulnerable group, including those who participate in essential activities.

The return to activities will be staggered, orderly and under the coordination of the Ministry of Economy and Labor.

Suspension of censuses and surveys.

The Ministry of Health will determine all the actions that are necessary to attend the emergency.

The measures will be applied with strict observance to human rights.

The Decree published in the Official Gazette of the Federation, entered into force on the same day of its publication.

There are many doubts and questions regarding the definition or scope of some of the measures and concepts established in this decree, especially the concepts of emergency due to causes of force majeure, instead of a contingency or health emergency; similarly, many questions arise about the definition of essential activities.

Needless to say that the mentioned controversial concepts, as well as all the measures, will have a series of legal impacts in the regulatory, administrative, labor, contractual, tax and other fields, for which OLIVARES is permanently monitoring communications. officials, determinations and interpretations of these and other measures that the Federal Government has implemented to combat the current health emergency.

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.

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000
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