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Relevant amendments to the Mexican Copyright Law

Dear friends and clients,

We inform you that an initiative has recently been presented before the Mexican Senate, reforming and adding various provisions of the Federal Copyright Law.

The purpose of the aforementioned initiative is to harmonize and adapt the provisions contained in the Federal Copyright Law with respect to the provisions established in various International Treaties to which Mexico is a party, specifically, the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT), Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and United States–Mexico–Canada Agreement (USMCA).

The main topics contained in the referred initiative are the following:

  • Incorporation of the making available right in connection with copyright and neighboring rights.
  • Incorporation of technological protection measures and digital rights management, as well as sanctions for their elusion and circumvention.
  • Exemptions for Internet Service Providers and implementation of a “Notice and Takedown” procedure.
  • Strengthening of measures and instruments for access to various forms of work for the benefit of people with hearing or visual impairments.

We consider that in general terms, this initiative contains provisions that effectively comply with the purpose of implementing and giving effect to some of the provisions contained in International Treaties within the national legal framework, helping to strengthen the protection of intellectual property rights in our country.

This initiative was presented on March 19, 2020 and must comply with the complete legislative process.

OLIVARES partners and associates will actively participate in the monitoring and follow-up of the legislative process of this initiative and we will continue to provide updates and reports regarding the progress that may arise.

Sincerely,

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.
Jaime Rodríguez

Jaime Rodríguez

Partner

Jaime Rodriguez joined OLIVARES in 2007 and became a partner in 2023. He has extensive experience in copyright, litigation, trademarks, unfair competition and domain name dispute resolution, and this versatility has allowed him to participate in a variety of relevant matters and cases pertaining to different areas of intellectual property.

OF COUNSEL

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000

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