Mexico IP Focus 2012 9th edition

Introduction: Mexico prepares for IP change

In the last year, Mexico has approved the Madrid Protocol, agreed to sign the Anti-Counterfeiting Trade Agreement (ACTA), introduced new data privacy laws and implemented guidelines on comparative advertising - to name just a few major IP changes. In addition, the country recently elected a new president, which means the head of the Mexican Patent and Trademark Office (IMPI) will change, and there may be new approaches by the government on many issues that affect IP
Gilda González Carmona: A framework for digital copyright protection in Mexico

Gilda González Carmona is director general of AMPROFON, which represents Mexican record companies, and president of the Coalition for Legal Access to Culture, which is helping to draft legislation to update the country’s copyright law. Eileen McDermott spoke with her about the project, and why it is crucial to Mexico’s creative industries
Finally, Mexico updates its data privacy laws

After six failed attempts, Mexico has completed its journey to successful protection of privacy, say Rosa María Franco and Juan Carlos Hernandez of Basham Ringe y Correa
Make sure your utility model is protected in Mexico

How to apply for a utility model in Mexico. By Heriberto López of Becerril Coca & Becerril
Why Mexico needs a trade mark opposition system after Madrid

Laura Collada of Dumont considers the critical need for an effective opposition system as Mexico readies itself to accede to the Madrid Protocol
Mexico's comparative advertising guidelines fail to protect consumers

Enrique Diaz and Dhania Portilla of Goodrich Riquelme y Asociados explain potential problems with the practicality and rigour of Mexico’s new guidelines on comparative advertising
Confusion over Mexico's approach to industrial designs

IP owners looking to protect industrial designs in Mexico will be confronted with a messy mix of patent and copyright law. Luis Schmidt of Olivares explains
Is Mexico ready for the Madrid System?

Sergio Silva of Silva and Associates discusses to what extent Mexico’s imminent adherence to the Madrid Protocol is advantageous for the country’s IP owners and economy
How to best protect magazine titles under Mexican IP law

Despite a special mechanism in Mexican law to protect serial publications, Carlos Trujillo of Uhthoff Gomez Vega & Uhthoff asks whether using copyright and trade mark rights might be more effective

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June 2013

India’s accession means the Madrid Protocol now covers more than two-thirds of the world’s population. Is this the tipping-point for the international trade mark system, and what reforms are needed? Emma Barraclough, James Nurton and Alli Pyrah report

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Poll

Following the US Apple v Samsung trial, do you think juries should play a role in patent cases?

Yes - juries should decide validity, infringement and damages

Yes - but juries should not have a role in damages calculation

No - judges are better placed than juries to decide patent matters