Mexico: Examining the droit moral of integrity

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Examining the droit moral of integrity

Sponsored by

olivares-400px.jpg

In Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.

Even though the right is inalienable, this does not mean that it cannot be exercised. Therefore, droit moral can play an important part in transactional copyright matters.

As an example, the patrimonial right of transformation is closely related to the droit moral of integrity. The droit moral of integrity could be used as an argument against the transformation of a work, even if it is done with permission. However, transformation of a work is allowed through the assignment or licence of the corresponding patrimonial right and it should be done, without facing the risk of an opposition based on the droit moral of integrity.

Therefore, the droit moral of integrity can and should be part of drafting agreements of such a nature, regarding its exercise, the assignee or licensee can have legal certainty within the framework of the agreement.

The droit moral of integrity, cannot be waived, but it can be legally used by the author and like any other right it must be enforced with responsibility. The fact that a droit moral may be legally part of an agreement does not imply a waiver or assignment, but neither should be a mechanism that enables the author to act against the exercise of free will.

An agreement that has the patrimonial right of transformation as a subject matter must address the exercise of the droit moral of integrity expressed as an assertion under the principle of good faith, in relation to the doctrine of estoppel.

Droit moral should not prevent the lawful acquisition and enforcement of patrimonial rights.

llanes.jpg

Mauricio Llanes


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Submit your nominations to this year's WIBL EMEA Awards by February 16 2026
Edward Russavage and Maria Crusey at Wolf Greenfield say that OpenAI MDL could broaden discovery and reshape how clients navigate AI copyright disputes
The UPC has increased some fees by as much as 32%, but firms and their clients had been getting a good deal so far
Meryl Koh, equity director and litigator at Drew & Napier in Singapore, discusses an uptick in cross-border litigation and why collaboration across practice areas is becoming crucial
The firm says new role will be at the forefront of how it delivers value and will help bridge the gap between lawyers, clients and tech
Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
Gift this article