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.
TECHNOLOGICAL INNOVATIONSBIP 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.
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DISTINCTIVE SIGNSBIP 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.
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COPYRIGHTBIP 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.
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ADDITIONAL IP SERVICESIntegrating 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.
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LICENSINGThe 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.
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CORPORATE AND REGULATORYWe 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.
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LITIGATIONOur 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.
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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.
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.
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.
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.
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.
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.
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.
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.
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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.
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LETICIA NATIVIDAD RANGELManaging PartnerLnatividad@biplegal.com MEMBERSHIPS
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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
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JORGE ARTEAGA MONCADAPartnerjarteaga@biplegal.com MEMBERSHIPS
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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
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As from August 10, 2021, filing the 3rd anniversary declaration of use will become effective as a requirement for the continuation of the validity term of trademark registrations granted in Mexico.
This legal requirement has been in force since August 10, 2018, being applicable to trademark registrations that have been granted as of that date, which will begin to reach 3 years precisely as of August 10, 2021.
The declaration of use must be submitted within a period of 3 months, counted from the third anniversary of the registration granting date. This term is not-extendable.
It is not necessary to submit proof of use, but the declaration it is filed under oath, indicating the products and/or services for which the trademark is used, so that the registration will continue to be valid only for the products or services for which the use is declared.
If the declaration of use is not submitted, the trademark registration will expire.
It is important to point out that this declaration of use must be submitted for the local trademark registrations, as well as for those that derive from international registrations granted in accordance with Madrid Protocol.
Other declaration of use is due with the renewal of the registrations. For the local registrations, this declaration must be submitted with the renewal application, while for the international registrations it must be submitted within the following 3 moths to the date when WIPO notifies the renewal to Mexican Institute of Industrial Property (IMPI).
Finally, although only the two declarations of use described above are necessary to keep the trademark registrations in force, it is important to consider that the use of trademarks protected in Mexico should not be interrupted for periods of 3 consecutive years or more, in order to avoid the risk of expiration in a cancellation proceeding.
Should you require further information, please contact us at biplegal@biplegal.com
On November 5, 2020, the new Industrial Property legislation entered into force in Mexico, with the name of Federal Law for the Protection of Industrial Property (LFPPI).
This new legislation derives from various International Treaties on the matter, of which Mexico is a party, but mainly from the negotiations and entry into force of the Free Trade Agreement between the United States, Canada and Mexico, on July 1st, 2020.
The new Law systematizes the legislative amendments that had occurred during the almost 30 years of its predecessor, but also includes new provisions, almost all of them aimed at granting better protection and defense systems to the holders of rights.
This new legislation introduces changes in almost all the matters it regulates, among which those mentioned below stand out.
In 2018 important changes were implemented in terms of trademarks, when through a legal reform new figures such as Geographical Indications and Certification Marks were included, as well as non-traditional trademarks, such as smells, sounds and trade dress, in addition to the establishment of the declaration of real and effective use of the marks on the third anniversary of the registrations.
Now, in the LFPPI, new provisions applicable to trademarks are added, such as the following:
In the new law, some formal requirements were eliminated and some of the considerations about what does not constitute an Industrial Secret have been modified; however, the change that is considered with the greatest impact is the establishment of administrative infringements against Industrial Secrets, in addition to the criminal offenses that have also been regulated in the Law. With this, the defense of Industrial Secrets can now be done through administrative litigation before IMPI, or where appropriate by criminal means.
The new law establishes a voluntary mediation procedure in conflicts due to infringement of rights.
The fines for the infringement of rights have been subject to a notable increase. The highest fine that IMPI can apply has been increased by 1,500%. Likewise, now IMPI will be able to claim and collect them according to the Tax Code and Rules.
Those affected by violations of their industrial property rights now have 2 alternatives for claiming damages:
Although the legal framework is still incomplete, since the issuance of the Regulations of the new law is pending, it sets the beginning of a new stage for Industrial Property in Mexico, in which the authorities, rights holders and IP practitioners will be writing, case by case, a new chapter of this fascinating area of law.
Should you require further information, please contact us at biplegal@biplegal.com
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.
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.
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 were subject to several important changes, which will surely meet better the real needs of protection for these innovations.
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.
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.
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