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E-commerce
Mexico
Modifications will not be Enough
Several laws in Mexico, including the Civil Code and the Commerce Code, have recently been modified in order to recognize and protect electronic transactions. However, these modifications do not constitute a specific e-commerce law and several omissions will have to be addressed.
Healthcare & Life Sciences
Mexico
The Federal Commission for Protection against Sanitary Risks has published guidelines stating that the confidential information received along with a health approval application is subject to protection against unfair commercial use and public disclosure, and expressly provides a term of data protection of five years from the date on which health approval is granted.
Intellectual Property
Mexico
Overview
Including: Patents; Utility Models; Industrial Designs; Trade Secrets; Breeders' Rights; Integrated Circuit Designs; Trademarks; Slogans; Trade Names; Litigation; Federal Law of the Administrative Procedure
The Federal Commission for the Protection against Sanitary Risk has published guidelines stating that the confidential information received with a health approval application is subject to protection against unfair commercial use and public disclosure according to the North American Free Trade Agreement and the Agreement on Trade-Related Aspects of IP Rights. However, the guidelines generate new uncertainties.
A guide to anti-counterfeiting enforcement
Several crucial laws govern counterfeiting in Mexico. Depending on the matter involved, these laws – alone or in combination – provide rights holders with the necessary tools to take legal action against counterfeiting and seize illegal merchandise, obtain preliminary injunctions and prosecute criminal, administrative and civil actions to seek appropriate remedies against infringement.
In order to reduce service times and costs, increase efficiency and transparency and improve the quality of services offered by the Mexican Institute of Industrial Property, an online system for trademark and industrial design applications has been implemented. However, the filing of applications through the new system is optional.
The power of mnemonics in distinctive signs
The term 'mnemonics' is normally associated with lists of information and their corresponding rhymes or phrases. However, the mnemonic function can also be applied for other types of information, potentially helping to reinforce the connection that consumers make between trademarks, slogans and other signs on the one hand, and the product or service - and their experience of it - on the other.
The Industrial Property Law provides for a 12-month grace period for the benefit of an inventor (or an inventor's successor in title) in respect of the disclosure of an invention, model or design. If a party attempts to secure a grace period after its application has been filed, the Mexican Institute of Industrial Property will normally refuse. However, the Federal Law of Administrative Proceedings may give applicants another option.
The scarcity of patent litigation in Mexico as compared to other jurisdictions has resulted in a lack of case law in several key areas of patent litigation. One such area is the situation where a product does not have all of the features of the claims of a granted patent, but is so close that it appears that a feature has been changed to circumvent patent coverage through the incorporation of an equivalent feature.
