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New dawn for Mexico's IP system

Sunrise in Cancun

The 2020 Americas Focus covers Mexico’s new IP law, patent prosecution in Canada and injunctive relief in Brazil

This year's Americas Focus spans three jurisdictions – Mexico, Brazil and Canada. For businesses wanting to know more about IP law in these countries, there is much on offer in this supplement, with articles covering a broad sweep of issues from damages to injunctive relief.

A significant portion of the 2020 Americas Focus is dedicated to Mexico. The jurisdiction has undergone significant changes as a result of the new Federal Law for Industrial Property. This seeks to implement the commitments promised by Mexico in international treaties, such as the United States-Mexico-Canada Agreement. All four articles on Mexico discuss this topic, focusing on various aspects of the amended law including those relating to prosecution, settlements and damages, partial non-use cancellation and nullity actions and trademarks. The piece on trademarks, along with analysing the new law, also deals with changes to food packaging, part of an effort to combat childhood obesity in the country.

The article on Brazil addresses injunctive relief in trade dress litigation and examines judgments issued by the Superior Court of Justice, looking at the application of these non-binding rulings by lower courts. Finally, the piece on Canada details the country's flexible and cost-effective approach to patent prosecution, as well as signposting pitfalls in the system.

The six articles in the 2020 Americas Focus highlight key IP issues and provide a useful insight into complex laws and legal systems. I am therefore sure that this supplement will help parties with interests in the Americas navigate the region astutely.

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