Mexico: Litigating for reliable criteria

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Mexico: Litigating for reliable criteria

When talking about reserva rights – a legal institution exclusive to the Mexican legal system, which protects a variety of assets, such as titles of publications or broadcasts, among others– there is a problem that stands out: an absence of certainty regarding the criteria used by the authority (the Mexican Copyright Office, or INDAUTOR) when examining applications.

Indeed, INDAUTOR's criteria tend to vary on a case-by-case basis, partially because reserva-related litigation is uncommon. This, in turn, leads to an absence of judicial precedents that could be used as guidelines by the authority.

For comparison, the authority responsible for trade mark rights (the Mexican Industrial Property Institute, or IMPI) usually applies well-established criteria, largely based on judicial precedents, as trade mark-related litigations are the bulk of IP contentious proceedings in Mexico.

As an example, recently a federal court overturned an INDAUTOR ruling which had denied protection for a magazine title. The proposed title comprised the name of a fictional character, but the protection was denied because it was considered that, potentially, the title could be also the "name of a person".

In this case, the court reasoned that while the law prohibits granting reservas for "names of persons used in isolation", such prohibition should be understood in connection with "existing individuals", and was not applicable for titles that could be the name of a person whose existence was not demonstrated.

This ruling hardly seems ground-breaking, since IMPI has applied the same criterion for years, in connection with a similar prohibition for trademark registrations. However, it was the first ruling of its kind regarding reservas.

Cases like this exemplify why reserva-related litigation should be encouraged, since the existence of judicial precedents would allow future titleholders to have certainty over the criteria that will be applied by the authority in each case.

martinez.jpg

Adrián Martínez


OlivaresPedro Luis Ogazón No 17Col San Angel01000 México DFTel: +5255 53 22 30 00Fax: +5255 53 22 30 01olivlaw@olivares.com.mxwww.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

News of Health Hoglund joining Sisvel and the Delhi High Court staying a $2.2 million decree in favour of Philips were also among the top talking points
The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Chunguang Hu of China PAT explains why his ‘insider’ experience as a patent examiner benefits clients and why he wants to debunk the myth that IP has limited value in China
Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
Gift this article