BUSINESS BRIEF: MEXICO
“IT IS HOPED THAT THE TRANS-PACIFIC PARTNERSHIP AGREEMENT WILL SOLVE SOME PENDING ISSUES AND PROVIDE ACCESS TO PATENT TERM RESTORATION AND ADJUSTMENT.”
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement? We have not detected key threats to trademark owners in Mexico, but trademark owners are not free of risk and should take measures against infringement similar to any other developed country. To protect their investments, trademark
owners should maintain outstanding legal management of their trademarks in order to avoid defensive nullity suits. Infringement is not deterred by simple litigation, so the development of a legal strategy
to bring
infringers to a halt should include trademark litigation, administrative
and/or regulatory
actions—if possible—and precise and strategic knowledge of preliminary measures and legal recourses.
What are the most common mistakes trademark owners make? Failing to secure trademark rights in associated markets in a timely manner would be the biggest mistake our practice has faced. Other common mistakes include the inadequate use of trademarks. However, a common trait among those mistakes is that the slip-up could be avoided by opportune communication with the company’s local attorney.
Copyright What are the key challenges to copyright owners in your jurisdiction? Effectively
protecting infringement and dealing with
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 legal system is highly formalistic and thus, a certificate of registration is the easiest way to proceed against infringers.
What is the best way to deal with infringement? A swift and precise action
What industries are particularly at threat? Te pharmaceutical industry, textiles and clothing companies, soſtware and video games developers and publishers, the music and movie industries and publishing houses are the most threatened industries, but a wide range of other industries are 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.
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. The best strategy is to strike at the first sign of infringement, halting its growth and sending a strong response against would-be infringers.
works against 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.
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Counterfeiting How big a problem is counterfeiting in your jurisdiction? The 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.
General Are there any other IP developments we should know about? While legislative changes are not expected at this stage, the inclusion of Mexico as a negotiating party for the TPP would present a huge opportunity for stronger IP protection, especially in the field of patent
law,
data exclusivity protection for cutting-edge biotechnology drugs.
and
José Trigueros is a partner at Leyva, Montenegro, Trigueros, Abogados. He practises contentious and non-contentious IP law, including trademarks, copyright and particularly patents, patent litigation and regulatory aspects of the pharma industry—fields in which he represents Pfizer in Mexico. He can be contacted at:
jtrigueros@lmt.mx
World Intellectual Property Review Annual 2015 105
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