Histogramas

8.1.1 Introduction

Mexico has considerably improved the protection of intellectual property rights (IPRs) in recent years, although some observers argue that enforcement of legal obligations has remained relatively weak. The country is a member of the World Intellectual Property Organization (WIPO) and a signatory to most international intellectual property right (IPR) agreements. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) applies fully to Mexico since 1 January 2000. Finally, the Free Trade Agreement between Mexico and the EFTA states contains provisions with regard to the protection of intellectual property rights that go beyond the obligations already included in the TRIPS.

According to available information, Mexico adheres to the international exhaustion principle with regard to IPRs. This pro-competitive stance implies that goods which

Several laws govern the protection of IPRs, the most important of which are the Industrial Property Law (Ley de la Propiedad Industrial; LPI) of 1991 and the Federal Law on Copyright (Ley Federal del Derecho de Autor; LFDA) of 1996 with the pertaining regulations.

8.1.2 Copyright and Related Rights

Protection for copyrights and related rights is granted to original works susceptible of disclosure or reproduction. It relates to, inter alia, literature, music, drama, dance, photography, architecture, audiovisual arts, radio and television, computer programs, and compilations including data bases. In Mexico copyrights include moral and patrimonial rights. No registration is required for protection. Patrimonial rights protection is granted for the duration of the life of the author plus 75 years. Unless otherwise specified, the transfer of economic rights is for 5 years, and for more than 15 years only in exceptional circumstances. No violation is deemed to occur when works are used for no direct financial gain, for educational purposes or for research purposes. No authorisation is required for the following uses: the reproduction of current affairs articles unless expressly prohibited by the rights holder, the partial reproduction for research purposes. No authorisation is required either for the making of a single copy by individuals and by education or research institutions, as long as no financial gain is pursued. The author retains the inalienable moral right to withdraw publication rights.

Colourful Mexican handicrafts (artesanías) and other souvenirs are offered on many markets throughout the country

Photogr

apher:

Ana Laur

8.1.3 Patents

Any invention which is novel, results from an inventive step and is suitable for industrial application is patentable. The duration of the patent is twenty years from the date of filing, and it is non-renewable. Exclusions and limitations are in place with regard to biological processes for the production and propagation of plants and animals, biological and genetic material found in nature, animal breeds, the human body and its living parts, plant varieties, computer programs and schemes to present information.

Compulsory licenses may be granted in case a patent is not exploited within three years after its issuance or within four years after filing, whichever period terminates later, unless it has been exploited, including through importation. Public utility licenses for the use of a patent may be granted in case of emergencies and/or for national security needs.

8.1.4 Industrial Designs

Industrial designs are subject to registration as long as they are novel and suitable for industrial application. Ornamental industrial drawings are included. Protection is granted for fifteen years from the date of filing, and it is non-renewable.

8.1.5 Utility Models

Utility models are defined as objects, utensils, appliances and tools that offer, as a result of modification, configuration, structure or form, a different function from their integrating parts. Protection is subject to registration and it is granted for ten years from the date of application. It is non-extendible.

8.1.6 Layout Designs of Integrated Circuits

Protection for defined integrated circuits and layout designs is subject to registration. Protection is granted for ten years from the date of filing, and it is non-renewable. Exclusions apply to layout designs that have been in commercial use for more than two years before the filing of the application for registration.

8.1.7 Trademarks

Trademarks eligible for protection are all visible signs that differentiate products or services from similar items in the market. They include slogans, denominations and

years. Trademark protection is not available for geographic denominations, for names that may mislead in relation to origin or for denominations that are similar to trademarks which are deemed to be well-known in Mexico. Authorities may regulate the use of trademarks for several reasons, including competition policy or national emergencies.

It is worth noting that parallel imports are legally possible in Mexico.

8.1.8 Geographical Indications

Subject to a declaration from the authorities, denominations of origin are protected. They are defined as the name of a region serving to designate a product which originates therein and whose characteristics derive only from the geographic setting. Protection is granted for as long as the initial conditions for protection prevail. The State holds title to denominations of origin, which may be used only with its authorisation.

The Free Trade Agreement EFTA-Mexico brings some additional protection for geographical indications which go beyond the obligations included in the TRIPS. The FTA obliges each party to refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to services not originating in or connected to the territory indicated. The obligation holds if the use of the indication in the trademark misleads the public as to the true place of origin.

8.1.9 Undisclosed Information

Protection is also granted to undisclosed information with industrial or commercial application that conveys a competitive advantage, that is kept in confidence and protected as such in documents or other media. It is granted indefinitely.

8.1.10 New Plant Varieties

New, distinctive, stable and homogeneous plant varieties are subject to protection. Foreign applications from members of the International Union for the Protection of New Varieties of Plants (UPOV) will be accorded a one-year priority right. This accordingly applies to Swiss applicants. The duration of the protection is eighteen years for perennial plants (including forest and fruit trees or vines) and fifteen years for others. Some uses do not require the consent of the right holder such as research or consumption for the benefit of the grower

The main institutions involved in IPR protection are the Mexican Institute of Industrial Property (Instituto Mexicano de Propiedad Industrial; IMPI; http://www.impi.gob.mx; ) and the National Copyright Institute (Instituto Nacional del

Derecho de Autor; INDAUTOR; http://www.sep.gob.mx/wb/distribuidor.jsp?seccio=459;
11.4). IMPI is an autonomous agency under the aegis of the Ministry of the Economy, responsible for the processing and granting of patents and trademarks as well as other titles to protect industrial property rights. INDAUTOR operates under the authority of the Ministry of Public Education. It is in charge of promoting copyrights and related rights. Finally, the Ministry of Agriculture (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación; SAGARPA; http://www.sagarpa.gob.mx;
11.4) is responsible for the registration of new plant varieties.