North America

On July 1 2020, and as a result of the entry into force of the United States–Mexico–Canada Agreement (USMCA), the new Federal Law for the Protection of Industrial Property was published, abrogating the current Industrial Property Law. It will come into force on November 5 2020.

Kwan Loh and Jamie-Lynn Kraft of Smart & Biggar review the changes made to Canadian trademark law and offer tips on how to navigate the road ahead

With many blocks on .xxx domain names expiring next year, brand owners should consider using new tools to prevent their trademarks being available to third parties

Unfortunately, Mexico remains on the Watch List of the Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy compiled by the Office of the United States Trade Representative (USTR). In this document, the United States government reviews and evaluates the protection actions that governments have taken to fight against counterfeits and piracy. The document concluded that the Mexican government has so far not adequately implemented the necessary actions for the protection of intellectual property rights.

Brand owners assess the reputational damage if their marks are used by third parties on pornographic websites and mull the best strategy for combating infringement

Eduardo Kleinberg and Santiago Zubikarai of Basham evaluate the new industrial property legislation under consideration in Mexico, assessing changes to the law on damages, fines, the registration of trademarks and patents