The Supreme Court of Justice recently considered the legal relationship and boundaries between the right to free speech and the enforcement of copyright on the Internet and established four non-obligatory criteria which reflect that the Internet is a fundamental instrument for exercising free speech. Ultimately, excluding in exceptional situations, general restrictions on a website's operation on the basis of copyright infringement will not be considered constitutionally valid.
In IP rights proceedings, the Mexican Institute of Industrial Property (IMPI) often requires IP rights holders to pay a bond which will cover the damages that could be caused to the infringer following the imposition of preliminary injunction measures. A federal circuit court recently issued a criterion which recognises the right of parties to request the IMPI to adjust the initial bond so that it provides complete coverage for the damages that the provisional measures will cause.
As Mexico considers its dependence on the United States, it is timely to promote the protection of plant varieties developed in Mexico, as the proper protection of this type of asset will generate wealth, promote innovation and strengthen the economy. At present, 2,511 varieties of 63 species are registered under federal law. These figures are healthy; however, given the agricultural nature of the Mexican countryside, they should be much higher.
Depending on the matter involved, Mexico's IP laws – alone or in combination – provide rights holders with the necessary tools to take legal action against counterfeiting and seize illegal merchandise and obtain preliminary injunctions and seek appropriate remedies against infringement. A clever strategy will help rights holders to keep the costs of anti-counterfeiting initiatives down, while still ensuring that such activities are as effective as possible.
The Industrial Property Law establishes that rights holders can use a mark once they have obtained an exclusive right to do so by registering it with the Mexican Institute of Industrial Property. However, to maintain its validity, the registered mark must be used consistently. The consequences that trademark owners face with regard to an unused mark are serious, as they include cancellation.