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

AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has seemingly committed to hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Azhar Sadique and Kane Ridley, who founded the London office in 2023, are now both working in legal tech and AI-related roles, while another UK-based lawyer has also left
Partner Pierre Pérot rejoins the firm he left in 2022 alongside another returning lawyer, associate Camille Abba
Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Gift this article