BUSINESS BRIEF: MEXICO
What are the most common mistakes trademark owners make?
Failing to secure trademark rights in a timely fashion in associated markets would be the biggest mistake our practice has faced. Other common mistakes include failure to record licence agreements before the corresponding authorities, as well as inadequate use of their trademark. A common trait among those mistakes is that the slip-up could be avoided by opportune communication with a Mexican attorney.
Copyright What are the key challenges to copyright holders in your jurisdiction? Effectively protecting works against infringement and dealing with the slow processes of Mexican courts are the greatest challenges. As in patents and trademarks, curbing infringement and obtaining proper damages relief is a rather slow and complex procedure. However, we are slowly experiencing improvements in the administration of justice and hope for better results.
How should people ensure they are protected against copyright infringement?
Even though the Berne convention states that registration is not required to obtain copyright protection, Mexico’s
formalistic and thus, a certificate of registration is the easiest way to proceed against infringers.
What is the best way to deal with infringement and what are the costs associated with it?
A swiſt and precise action against infringement in all of its forms is the best way to deal with infringement in Mexico. Pirates and counterfeiters run a business focused on quick profits; therefore, with fewer risks or threats, infringement
will
thrive. Te best strategy is to strike at the first sign of infringement, halting its growth and sending a strong response against would-be infringers.
www.worldipreview.com legal system is highly
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Te issue is huge and complex. Counterfeiting has been closely associated with the country’s economic woes and the steady decay of the value of wages. Counterfeiting is a growing problem which is draining profits from national and international enterprises and has not been curbed by the fact that an infringement complaint is no longer necessary for the authorities to prosecute counterfeiting.
Terefore, counterfeiting should be engaged on different arenas, not simply by means of infringement actions. Economic and business pressure on the government to improve wages and labour conditions, as well as education policies to guide new generations away from a culture of quick satisfaction and the acceptance of counterfeited goods, will slowly push the country in the right direction.
What industries are particularly under threat? Te pharmaceutical industry, textiles and clothing companies, soſtware and video games developers and publishers, the music and movies industry and publishing houses are the most threatened industries, but a wide range of other industries is also at risk and they should take immediate steps against counterfeiting.
What are the best strategies for dealing with the problem?
Immediate action against counterfeiting and a close relationship with customs authorities are the best strategies for curbing counterfeiting. It should be noted that swiſt action is required to stop the distribution of counterfeited goods arriving in the country; legal counsel should be keenly aware of the procedure and the pre- emptive measures available to combat this threat.
General
Are there any legislative changes to the IP regime that would make life easier for businesses? While legislative changes are not expected at this stage, the inclusion of Mexico as a negotiating party for the TPP should present a huge opportunity for stronger IP protection, especially in the field of patent law, ie, patent term restoration and adjustment and data exclusivity protection for cutting-edge biotechnology drugs.
José R. Trigueros is a partner at Leyva, Montenegro, Trigueros, Abogados SC. He can be contacted at:
jtrigueros@lmt.mx
Sadara Montenegro is a partner at Leyva, Montenegro, Trigueros, Abogados SC. She can be contacted at:
smontenegro@lmt.mx
José R. Trigueros practises contentious and non-contentious IP law,
litigation and
including
trademarks, copyrights and particularly patents, patent
regulatory aspects of the pharma industry, fields in which he is successfully representing Pfizer, Inc, in Mexico.
Sadara Montenegro’s practice includes sports and IP law, particularly trademarks and copyrights. She has wide experience in corporate and administrative litigation and arbitration, and has counselled the Mexican Sports Federation on developing growth and enhancing trademark value.
World Intellectual Property Review Annual 2013 127
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