About Us





BIP LEGAL is a Firm specialized in Industrial and Intellectual Property affairs. We are fully committed to provide comprehensive, effective, efficient and valuable counseling to our clients.

Our team has broad experience acquired over more than 25 years of practicing Industrial and Intellectual Property Law. It is one of our main strengths to translate this experience in providing strategic advice in all areas of Intellectual Property: Patents, Trademarks, and Copyright; throughout all stages, from the creative process, prosecution and maintenance of IP rights, to licensing, monetization and enforcement, under both Mexican and international regulations.

In response to the need for a comprehensive consultancy, we extend our practice to other legal areas closely related to Intellectual Property, including entertainment law, advertising law, fashion law, health law, regulatory affairs, antitrust and corporate law.

With a clear vision on business, our goal is to advise on adding value to the technological, industrial, commercial and artistic innovations of our clients, preventing risks and enhancing opportunities.

At all times, we pursue to make alliances with our clients on the basis of our personalized and dedicated attention, continuous support, solutions design based on their specific needs, a great deal of commitment to our client objectives, professional excellence and business trustability.




Memberships





Practice Areas





TECHNOLOGICAL INNOVATIONS

BIP LEGAL provides services on the protection of inventions in Mexico and abroad, through the prosecution and maintenance of patents and registrations: technical searches; drafting and translation of technical legal documents; filing applications; analysis, report and response to official actions; oppositions; appeal against refusal, obtaining titles and handling the maintenance payments.

Our Firm performs FTO studies, searches and analysis of technological-competitive intelligence for strategic decision-making in the protection and exploitation of innovation and the development of technology-based businesses.

We provide advice on the negotiation, drafting and registration of contracts for the development, ownership, protection and exploitation of technology and its transfer to third parties: joint ventures, changes of ownership by assignment, merger, split, succession; security agreements, trusts, exploitation licenses, loan, technology transfer, know-how, non-disclosure agreements, industrial secrets.

The Firm also performs due diligence and valuation of technological innovations portfolios; training and design manuals for the management of intellectual property in the companies.

Our expertise also includes patent litigation and other technological innovations litigation, at all instances and with all the competent authorities: invalidation, infringement, unfair competition, provisional measures, border measures, crimes, damages. We also provide advice on alternative means of dispute resolution.


  • Patents, Utility Models, Industrial Designs
  • Plant Varieties
  • Industrial Secrets
  • Know-How
  • Technology Intelligence
  • Technology Transfer
patents@biplegal.com



DISTINCTIVE SIGNS

BIP LEGAL manages the protection of trademarks and other distinctive signs in Mexico and abroad, through the prosecution and maintenance of registrations: searches; filing national and international applications; analysis, reporting and response to official actions and provisional refusals; oppositions; appeal against refusals; obtaining titles; renewals; statements of use and trademarks surveillance.

The Firm provides legal counseling in the process of branding.

We prosecute declarations of protection of well-known and famous trademarks, and take care of their enforcement.

We act as an adviser on negotiation, drafting and registration of contracts for the ownership of trademarks and other distinctive signs and their transfer to third parties: ownership changes by assignment, merger, split, succession; liens, trusts, co-ownership agreements, co-existence agreements, licenses, distribution agreements and franchises.

Our services also include prosecution, maintenance, exploitation and enforcement of collective trademarks, appellations of origin and geographical indications, and their corresponding authorizations for use.

The Firm also performs due diligence and valuation of trademarks and other distinctive signs; training and design manuals for the management of intellectual property in the companies.

We are experts in the litigation of trademarks and other distinctive signs in all instances and with all the competent authorities: lapsing, invalidation and cancellation actions; infringement, unfair competition, provisional measures, border measures and registration of trademarks with customs, anti-counterfeiting, damages, domain name disputes. We also provide advice on alternative means of dispute resolution.


  • Trademarks, Tradenames, Advertising Slogans
  • Collective Marks
  • Domain Names
  • Apellations of Origin
  • Geographical Indications
trademarks@biplegal.com



COPYRIGHT

BIP LEGAL provides services for the registration of literary and artistic works, and for the protection of titles, characters, artistic names and advertising promotions.

Prosecution of ISBN and ISNN numbers, as well as authorizations related to copyright.

We advise on negotiation, drafting and registration of all copyright contracts: collective and commissioned works, assignments, licenses, literary and musical edition, scenic representation, film production and audiovisual works, broadcasting, advertising, interpretation, sponsorship and authorization for the use of personal image.

The Firm performs due diligence; provides training and designs manuals for the management of intellectual property in the companies.

Litigation before administrative, civil and criminal authorities and courts for all disputes related to copyright, including defense to image rights.

We provide advice on alternative means of dispute resolution, such as conciliation and arbitration.


  • Copyright
  • Related rights
  • Protection of titles, characters, artistic names and advertising promotions
  • Image Rights
copyright@biplegal.com



ADDITIONAL IP SERVICES

Integrating several disciplines, such as intellectual property, business law, competition law, labour law, among others, we provide specialized advice to the entertainment industry: internet, television, radio, film, music, publishing, software and sport.

Regarding advertising, we advise on the processing of authorizations, notices, preparation of contracts and review of advertising content to confirm compliance with the provisions on advertising, both in the field of competition, health and consumers in general.

The fashion industry involves important elements protected by industrial and intellectual property: trademarks, industrial designs, technological innovations and of course, copyright. So in addition to our IP services, we include advice in other legal areas that are particularly important for this industry, such as the contractual regulation of labor relations and the several distribution and marketing systems, agencies and franchises, as well as advertising in the fashion industry.


  • Entertainment Law
  • Advertising Law
  • Fashion Law
corporate@biplegal.com



LICENSING

The use through authorized third parties is the best way to generate profitability based on industrial and intellectual property rights. At BIP LEGAL, we specialize in the negotiation, drafting, review and registration of license agreements for copyright, patents and trademarks, including franchises and other related contracts such as manufacture, commercial and distribution agreements. We also provide advice on the resolution of disputes arising from the breach or termination of contracts, either in litigation or in alternative means of disputes settlement.


  • Licenses
  • Distribution agreements
  • Franchises
corporate@biplegal.com



CORPORATE AND REGULATORY

We advise our clients in areas of utmost importance for the companies, such as obtaining governmental authorizations, compliance with the legal provisions governing their operations, competition within the legal framework in order to avoid monopolistic practices, as well as the legal ordering of the corporate structures.


  • Heatlh Law
  • Regulatory affairs
  • Compliance
  • Due diligence
  • Antitrust Law
  • Corporate Law
corporate@biplegal.com



LITIGATION

Our practice in litigation is the result of a long successful experience in all instances and before all competent authorities. In the contentious area, our specialization includes appeal of refusals; opposition; lapsing, invalidation and cancellation of registrations; infringement actions; unfair competition; precautionary measures; border measures; anti-counterfeiting; damages, disputes of domain names, breach of contracts, among others. Likewise, we advise on the resolution of disputes through negotiation and other alternative means.


  • Invalidation and cancellation actions
  • Infringement actions
  • Precautionary measures
  • Border measures
  • Unfair competition
  • Domain names disputes
  • IP arbitration
  • Anti-counterfeiting
  • Damages
  • Litigation
litigation@biplegal.com



Practice Areas





TECHNOLOGICAL INNOVATIONS

BIP LEGAL provides services on the protection of inventions in Mexico and abroad, through the prosecution and maintenance of patents and registrations: technical searches; drafting and translation of technical legal documents; filing applications; analysis, report and response to official actions; oppositions; appeal against refusal, obtaining titles and handling the maintenance payments.

Our Firm performs FTO studies, searches and analysis of technological-competitive intelligence for strategic decision-making in the protection and exploitation of innovation and the development of technology-based businesses.

We provide advice on the negotiation, drafting and registration of contracts for the development, ownership, protection and exploitation of technology and its transfer to third parties: joint ventures, changes of ownership by assignment, merger, split, succession; security agreements, trusts, exploitation licenses, loan, technology transfer, know-how, non-disclosure agreements, industrial secrets.

The Firm also performs due diligence and valuation of technological innovations portfolios; training and design manuals for the management of intellectual property in the companies.

Our expertise also includes patent litigation and other technological innovations litigation, at all instances and with all the competent authorities: invalidation, infringement, unfair competition, provisional measures, border measures, crimes, damages. We also provide advice on alternative means of dispute resolution.


  • Patents, Utility Models, Industrial Designs
  • Plant Varieties
  • Industrial Secrets
  • Know-How
  • Technology Intelligence
  • Technology Transfer
patents@biplegal.com

DISTINCTIVE SIGNS

BIP LEGAL manages the protection of trademarks and other distinctive signs in Mexico and abroad, through the prosecution and maintenance of registrations: searches; filing national and international applications; analysis, reporting and response to official actions and provisional refusals; oppositions; appeal against refusals; obtaining titles; renewals; statements of use and trademarks surveillance.

The Firm provides legal counseling in the process of branding.

We prosecute declarations of protection of well-known and famous trademarks, and take care of their enforcement.

We act as an adviser on negotiation, drafting and registration of contracts for the ownership of trademarks and other distinctive signs and their transfer to third parties: ownership changes by assignment, merger, split, succession; liens, trusts, co-ownership agreements, co-existence agreements, licenses, distribution agreements and franchises.

Our services also include prosecution, maintenance, exploitation and enforcement of collective trademarks, appellations of origin and geographical indications, and their corresponding authorizations for use.

The Firm also performs due diligence and valuation of trademarks and other distinctive signs; training and design manuals for the management of intellectual property in the companies.

We are experts in the litigation of trademarks and other distinctive signs in all instances and with all the competent authorities: lapsing, invalidation and cancellation actions; infringement, unfair competition, provisional measures, border measures and registration of trademarks with customs, anti-counterfeiting, damages, domain name disputes. We also provide advice on alternative means of dispute resolution.


  • Trademarks, Tradenames, Advertising Slogans
  • Collective Marks
  • Domain Names
  • Apellations of Origin
  • Geographical Indications
trademarks@biplegal.com

COPYRIGHT

BIP LEGAL provides services for the registration of literary and artistic works, and for the protection of titles, characters, artistic names and advertising promotions.

Prosecution of ISBN and ISNN numbers, as well as authorizations related to copyright.

We advise on negotiation, drafting and registration of all copyright contracts: collective and commissioned works, assignments, licenses, literary and musical edition, scenic representation, film production and audiovisual works, broadcasting, advertising, interpretation, sponsorship and authorization for the use of personal image.

The Firm performs due diligence; provides training and designs manuals for the management of intellectual property in the companies.

Litigation before administrative, civil and criminal authorities and courts for all disputes related to copyright, including defense to image rights.

We provide advice on alternative means of dispute resolution, such as conciliation and arbitration.


  • Copyright
  • Related rights
  • Protection of titles, characters, artistic names and advertising promotions
  • Image Rights
copyright@biplegal.com

ADDITIONAL IP SERVICES

Integrating several disciplines, such as intellectual property, business law, competition law, labour law, among others, we provide specialized advice to the entertainment industry: internet, television, radio, film, music, publishing, software and sport.

Regarding advertising, we advise on the processing of authorizations, notices, preparation of contracts and review of advertising content to confirm compliance with the provisions on advertising, both in the field of competition, health and consumers in general.

The fashion industry involves important elements protected by industrial and intellectual property: trademarks, industrial designs, technological innovations and of course, copyright. So in addition to our IP services, we include advice in other legal areas that are particularly important for this industry, such as the contractual regulation of labor relations and the several distribution and marketing systems, agencies and franchises, as well as advertising in the fashion industry.


  • Entertainment Law
  • Advertising Law
  • Fashion Law
corporate@biplegal.com

LICENSING

The use through authorized third parties is the best way to generate profitability based on industrial and intellectual property rights. At BIP LEGAL, we specialize in the negotiation, drafting, review and registration of license agreements for copyrights, patents and trademarks, including franchises and other related contracts such as manufacture, commercial and distribution agreements. We also provide advice on the resolution of disputes arising from the breach or termination of contracts, either in litigation or in alternative means of disputes settlement.


  • Licenses
  • Distribution agreements
  • Franchises
corporate@biplegal.com

CORPORATE AND REGULATORY

We advise our clients in areas of utmost importance for the companies, such as obtaining governmental authorizations, compliance with the legal provisions governing their operations, competition within the legal framework in order to avoid monopolistic practices, as well as the legal ordering of the corporate structures.


  • Heatlh Law
  • Regulatory affairs
  • Compliance
  • Due diligence
  • Antitrust Law
  • Corporate Law
corporate@biplegal.com

LITIGATION

Our practice in litigation is the result of a long successful experience in all instances and before all competent authorities. In the contentious area, our specialization includes appeal of refusals; opposition; lapsing, invalidation and cancellation of registrations; infringement actions; unfair competition; precautionary measures; border measures; anti-counterfeiting; damages, disputes of domain names, breach of contracts, among others. Likewise, we advise on the resolution of disputes through negotiation and other alternative means.


  • Invalidation and cancellation actions
  • Infringement actions
  • Precautionary measures
  • Border measures
  • Unfair competition
  • Domain names disputes
  • IP arbitration
  • Anti-counterfeiting
  • Damages
  • Litigation
litigation@biplegal.com

Partners





LETICIA NATIVIDAD RANGEL

Managing Partner
Lnatividad@biplegal.com


Leticia Natividad is one of the founders of BIP LEGAL. For more than 25 years she has developed a professional career as attorney in all areas of Industrial and Intellectual Property.

She has the ability of managing large portfolios of trademarks locally and globally, representing leading companies in each sector.

Her professional excellence has taken her to lead interdisciplinary teams for the legal protection of innovations from all technological areas, as well as working as an adviser for technological intelligence.

The expertise of Leticia in negotiation and drafting of agreements related to copyright, licenses, franchises, industrial secrets and technology transfer, is also rather wide.

Leticia has successfully litigated a large number of cases on patents, trademarks, copyright, unfair competition and anti-counterfeiting, before administrative authorities and Courts.

She began to practice in the IP area in 1993 in a major company of Industrial and Intellectual Property in Mexico with multinational presence. She was Trademark Director, founding Director of the Litigation Area and founding Director of the Technical and Legal Services Area.

For several years she has been ranked by World Trademark Review in its "Top Ten Trademark Filers in Mexico" and she has been appointed "IP STAR for Patents and Trademarks" by Managing Intellectual Property.

Leticia has lectured Industrial and Intellectual Property courses for Postgraduate Programs at Universidad de Guadalajara (U de G), Universidad Nacional Autónoma de México (UNAM) and Universidad La Salle (ULSA). She has also been a key speaker in national and international forums.

EDUCATION

  • Law, PhD (Candidate). UNAM. Mexico.
  • Master in Law. UNAM. Mexico.
  • PGD. Advanced Industrial and Intellectual Property Licensing. New Hampshire University (formerly Franklin Pierce Law Center). New Hampshire, USA.
  • PGD. Industrial and Intellectual Property Training. Japanese Institute of Investigation and Innovation. Tokyo, Japan.
  • PGD. Corporate Law, Amparo Law and Industrial and Intellectual Property. Universidad Panamericana. Mexico
  • PGD. Intellectual Property. Ilustre y Nacional Colegio de Abogados de México. Mexico
  • PGD. Constitutional and Administrative Law. UNAM. Mexico.
  • Bachelor’s degree in Law. UMSNH. Mexico.

MEMBERSHIPS

  • International Association for the Protection of Intellectual Property (AIPPI)
  • Mexican Association for the Protection of Intellectual Property (AMPPI)
  • Interamerican Association of Intellectual Property (ASIPI)
  • International Trademark Association (INTA)
  • Licensing Executive Society (LES)
  • Mexican Bar Association (BMA)

LANGUAGES

  • Spanish
  • English
see more






JORGE ARTEAGA MONCADA

Partner
jarteaga@biplegal.com


Jorge Arteaga is a Founding Partner of BIP LEGAL.

He began his professional practice in 1995 and since then he has specialized in Business Law, with special focus on Industrial and Intellectual Property and Corporate Law.

With a global perspective of the legal business, Jorge directs his legal consultancy towards the strategic planning of the development, registration, licensing and managment of intellectual capital in relation to the other legal and economic aspects of the company. He is a specialist on entertainment law, fashion law, healthcare, regulatory, compliance and corporate law.

During more than 23 years of practice, he has managed large portfolios of industrial and intellectual property.

He is also an experienced litigator on patents, trademarks and copyright, combining a solid legal background with a practical and assertive sense in conflict resolution.

Jorge has worked in several national and international companies, heading Legal Directions and Areas of Industrial Property, Copyright and related topics; leading teams to advise and represent clients from all industrial and commercial sectors, both in Mexico and abroad.

He is an appointed Arbitrator on Copyright and Related Rights, by the Mexican Copyright Office since 2000; International Arbitrator in Intellectual Property, authorized by the World Intellectual Property Organization (WIPO) since 2003 and Industrial Property and Copyright Expert in 2004, authorized by the Council of The Federal Judiciary.

EDUCATION

  • MBA. IPADE – Universidad Panamericana. Mexico.
  • LL.M. Universidad Panamericana. Mexico.
  • Training in Intellectual Property. WIPO. Switzerland.
  • PGD. Industrial and Intellectual Property, Amparo Law and Financial Law. Universidad Panamericana. Mexico.
  • PGD. Corporate Law and Contracts. Universidad Iberoamericana. Mexico.
  • Bachelor’s degree in Law (Hons). Universidad La Salle.

MEMBERSHIPS

  • Mexican Bar Association (BMA)
  • Mexican Association for the Protection of Intellectual Property (AMPPI)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Interamerican Association of Intellectual Property (ASIPI)
  • International Trademark Association (INTA)

LANGUAGES

  • Spanish
  • English
see more

Partners





LETICIA NATIVIDAD RANGEL

Managing Partner
Lnatividad@biplegal.com

MEMBERSHIPS

  • International Association for the Protection of Intellectual Property (AIPPI)
  • Mexican Association for the Protection of Intellectual Property (AMPPI)
  • Interamerican Association of Intellectual Property (ASIPI)
  • International Trademark Association (INTA)
  • Licensing Executive Society (LES)
  • Mexican Bar Association (BMA)

LANGUAGES

  • Spanish
  • English

Leticia Natividad is one of the founders of BIP LEGAL. For more than 25 years she has developed a professional career as attorney in all areas of Industrial and Intellectual Property.

She has the ability of managing large portfolios of trademarks locally and globally, representing leading companies in each sector.

Her professional excellence has taken her to lead interdisciplinary teams for the legal protection of innovations from all technological areas, as well as working as an adviser for technological intelligence.

The expertise of Leticia in negotiation and drafting of agreements related to copyright, licenses, franchises, industrial secrets and technology transfer, is also rather wide.

Leticia has successfully litigated a large number of cases on patents, trademarks, copyright, unfair competition and anti-counterfeiting, before administrative authorities and Courts.

She began to practice in the IP area in 1993 in a major company of Industrial and Intellectual Property in Mexico with multinational presence. She was Trademark Director, founding Director of the Litigation Area and founding Director of the Technical and Legal Services Area.

For several years she has been ranked by World Trademark Review in its "Top Ten Trademark Filers in Mexico" and she has been appointed "IP STAR for Patents and Trademarks" by Managing Intellectual Property.

Leticia has lectured Industrial and Intellectual Property courses for Postgraduate Programs at Universidad de Guadalajara (U de G), Universidad Nacional Autónoma de México (UNAM) and Universidad La Salle (ULSA). She has also been a key speaker in national and international forums.

EDUCATION

  • Law, PhD (Candidate). UNAM. Mexico.
  • Master in Law. UNAM. Mexico.
  • PGD. Advanced Industrial and Intellectual Property Licensing. New Hampshire University (formerly Franklin Pierce Law Center). New Hampshire, USA.
  • PGD. Industrial and Intellectual Property Training. Japanese Institute of Investigation and Innovation. Tokyo, Japan.
  • PGD. Corporate Law, Amparo Law and Industrial and Intellectual Property. Universidad Panamericana. Mexico
  • PGD. Intellectual Property. Ilustre y Nacional Colegio de Abogados de México. Mexico
  • PGD. Constitutional and Administrative Law. UNAM. Mexico.
  • Bachelor’s degree in Law. UMSNH. Mexico.





JORGE ARTEAGA MONCADA

Partner
jarteaga@biplegal.com


MEMBERSHIPS

  • Mexican Bar Association (BMA)
  • Mexican Association for the Protection of Intellectual Property (AMPPI)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Interamerican Association of Intellectual Property (ASIPI)
  • International Trademark Association (INTA)

LANGUAGES

  • Spanish
  • English

Jorge Arteaga is a Founding Partner of BIP LEGAL.

He began his professional practice in 1995 and since then he has specialized in Business Law, with special focus on Industrial and Intellectual Property and Corporate Law.

With a global perspective of the legal business, Jorge directs his legal consultancy towards the strategic planning of the development, registration, licensing and managment of intellectual capital in relation to the other legal and economic aspects of the company. He is a specialist on entertainment law, fashion law, healthcare, regulatory, compliance and corporate law.

During more than 23 years of practice, he has managed large portfolios of industrial and intellectual property.

He is also an experienced litigator on patents, trademarks and copyright, combining a solid legal background with a practical and assertive sense in conflict resolution.

Jorge has worked in several national and international companies, heading Legal Directions and Areas of Industrial Property, Copyright and related topics; leading teams to advise and represent clients from all industrial and commercial sectors, both in Mexico and abroad.

He is an appointed Arbitrator on Copyright and Related Rights, by the Mexican Copyright Office since 2000; International Arbitrator in Intellectual Property, authorized by the World Intellectual Property Organization (WIPO) since 2003 and Industrial Property and Copyright Expert in 2004, authorized by the Council of The Federal Judiciary.

EDUCATION

  • MBA. IPADE – Universidad Panamericana. Mexico.
  • LL.M. Universidad Panamericana. Mexico.
  • Training in Intellectual Property. WIPO. Switzerland.
  • PGD. Industrial and Intellectual Property, Amparo Law and Financial Law. Universidad Panamericana. Mexico.
  • PGD. Corporate Law and Contracts. Universidad Iberoamericana. Mexico.
  • Bachelor’s degree in Law (Hons). Universidad La Salle.


News





AMENDMENT TO MEXICAN INDUSTRIAL PROPERTY LAW IN CONNECTION WITH PATENTS, UTILITY MODELS, INDUSTRIAL DESIGNS, APELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS


The first quarter of 2018 brought to Mexico a major amendment to the Industrial Property Law. It was published in the Official Gazette of the Federation on March 13, 2018 and will take effect 30 business days after its publication.

The amendment modifies provisions of Patents, Utility Models, Industrial Designs, Appellations of Origin and Geographical Indications, summarized as follows.

PATENTS

About patents, the term for third parties statements or oppositions was reduced from 6 to 2 months, counted from the date of publication of the patent application.

The amendment also establishes the public access to the official records of patent applications, once they have been published in the Industrial Property Gazette. This also applies to utility models and industrial design applications.

UTILITY MODELS

Under the amendment, utility model applications will be published as soon as the formal examination has concluded, with the inherent effects to said publication. This also applies to the industrial design applications.

INDUSTRIAL DESIGNS

Industrial designs were subject to several important changes, which will surely meet better the real needs of protection for these innovations.

  • The category as Designer is expressly recognized, as well as the right to be mentioned as such in the application and in the corresponding registration certificate.
  • Regarding the novelty requirement for industrial design registrations, the amendment defined the concepts of "independent creation" and the "significant degree" for the differentiation of one design from another one.
  • It is now required that graphic or photographic reproductions that are filed with the design application are sufficiently clear for the comprehension and publication of the design; likewise, the product for which the design will be used must be indicated.
  • The term of protection that previously was 15 years, will now be 5 years counted from the application filing date, and will be renewable for successive periods of 5 years up to a maximum of 25 years. This is the major amendment for industrial designs.
  • The holders of pending applications will have 30 working days following the date on which the amendment takes effect, in order to request that such applications are granted under the new legal provisions.
  • For the registrations that were previously granted, it will be possible to apply for its renewal within a period of 6 months prior to the expiration of the 15 years term of protection, and successively up to completing a maximum of 25 years counted from the application filing date.

Therefor, it is expected that in the near future the Mexican Patent and Trademark Office release new official fees for industrial designs, in concordance with these new provisions.

APELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

In this area, the changes and additions introduced by the amendment are notable and they should be expected to become instruments for the protection and impulse of a large number of typical products from different Mexican regions and also from other countries.

  • The concept of appellation of origin (AO) is redefined, making more flexible the use of the element regarding the name of the geographical area.
  • The category of geographical indication (GI) is now regulated and is being defined as “the name of a geographical area or containing that name, or another indication known to refer to said area, which identifies a product as originating therein, when certain quality, reputation or another characteristic of the product be fundamentally attributable to its geographical origin”.
  • The amendment establishes the cases in which an AO or GI could not be protected, including provisions to prevent conflicts between AO and GI with other ones previously protected or in process of protection, or with trademarks previously registered or in process of registration, or even with designations of plant varieties.
  • The procedure for the protection of AO and GI is now regulated, including third parties oppositions.
  • From the amendment, Mexican Patent and Trademark Office has the power, either directly or through a competent authority, to obtain recognition in other countries for the AO and GI protected in Mexico, in accordance with International Treaties, trade agreements or each country legislation.
  • The procedure for obtaining authorizations to use the AO and GI is also regulated, which will be granted for 10 years renewable for equal periods.
  • It regulates the use of the protected AO and GI.
  • Likewise, the amendment regulates the cessation of the effects of an AO or GI, as well as the nullity, cancellation or expiration of their corresponding authorizations of use.
  • Of particular importance is that the Mexican Patent and Trademark Office must recognize the AO and GI protected in other countries, in accordance with International Treaties and the provisions of the Industrial Property Law.
  • For the purposes of the previous point, the amendment establishes the possibility of recording in Mexico the AO or GI that had been protected in other countries, regulating the procedure and the requirements that must be fulfilled, as well as the scope and grounds for nullity and cancellation of said registrations.
  • The amendment added infringements and criminal offenses against AO or GI protected or recognized in Mexico.

It is expected that the above described amendment will be followed in the near future by another one, no less important, related to distinctive signs. Meanwhile, Mexico continues the negotiation of international treaties within the electoral environment due to the presidential succession coming this year. All this makes 2018 a very dynamic and interesting year for the evolution of Industrial and Intellectual Property in Mexico.

Should you require further information please do not hesitate on contacting us at biplegal@biplegal.com

BIP LEGAL, March 2018






















Norway
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CONTACT

Arquímedes 225-201.

Col. Polanco. C.P. 11570

Del. Miguel Hidalgo.

Mexico City, Mexico.

     (52 55) 86470511

     (52 55) 53430842

biplegal@biplegal.com

www.biplegal.com

Contact


Arquímedes 225-201.

Col. Polanco. C.P. 11570

Del. Miguel Hidalgo.

Mexico City, Mexico.

     (52 55) 86470511

     (52 55) 53430842

biplegal@biplegal.com

www.biplegal.com