Mexico

The United States-Mexico-Canada Agreement (the USMCA), which is known as NAFTA 2.0 entered into force on July 01, 2020. Mexico scrambled to align its national legal framework to comply with the standards provided by Chapter 20 of the USMCA. On June 30, 2020, the Mexican Congress approved the amendment provisions in the Federal Copyright Law and legislated the new Federal Industrial Property Protection Law.

Top three takeaways from the copyright reforms are:

1. Safe Harbors for Internet Service Providers (“ISPs”) and Providers of Online Services. The Safe harbor includes legal incentives for Internet Service Providers to expeditiously remove or disable access to material residing on their networks or systems upon obtaining actual knowledge of the copyright and related rights infringement. Precludes monetary relief against ISPs and Providers of Online Services for copyright infringements that they do not control, initiate or direct, and that take place through systems or networks controlled or operated by them or on their behalf. ISPs and Providers of Online Services shall meet certain eligibility thresholds:
1. Adopting and reasonably implementing a policy that provides for termination in appropriate circumstances of the accounts of repeat infringer
2. Not receiving a financial benefit directly attributable to the infringing activity.

The amendment introduces an extrajudicial procedure for effective notices of claimed infringement, and effective counter-notices by those whose material is removed or disabled through mistake or misidentification.

2. Technological protection measures. The amendments provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorized acts in respect of their works, performances, and phonograms.
3. Rights Management Information. Introduces adequate and effective legal remedies to protect rights management information (RMI). Which means that legal liability could arise when, without authority, and knowing, or having reasonable grounds to know, that it would induce, enable, facilitate, or conceal an infringement of the copyright or related rights, a party : (a) removes or alters any RMI; (b) distributes or imports for distribution RMI knowing that the RMI has been altered without authority; or (c) distributes, imports for distribution, broadcasts, communicates, or makes available to the public copies of works, performances, or phonograms, knowing that RMI has been removed or altered without authority.

Top 10 takeaways from the novel Industrial Property Protection Law:

1. Electronic Signature. Regulates the use of electronic means of communication and electronic signature to carry-out online procedures.
2. Layout Design of Integrated Circuits. Recognize the “Creator” status for the individual(s) who makes a layout design of integrated circuits. A layout-design of an integrated circuit refers essentially to the three-dimensional character of the elements and interconnections of an integrated circuit. An integrated circuit is an electronic circuit in which the elements of the circuit are integrated and function as a unit.
3. Priority Right. Provides specific timeframe and procedural rules to claim (withdrawing a claim and the regulation of a claim supported by multiple priorities) the right of priority.
4. Patents. Provides requirements that a patent application must comply. It specifies scenarios in which an invention will not be patentable. Furthermore, the rightsholder of patentable processes may prevent third parties from employing or importing products obtained directly from that process.
5. Industrial Designs. Incorporates artisan products into industrial designs.
6. Utility Models. Creates a longer protection time for utility models, from 10 to 15 years.
7. Industrial Secrets. Confines the concept of the industrial secret. Regulates the protection, communication, and confidentiality of industrial secrets.
8. Trademark. Introduces trademark multiclass applications.
9. Appellation of Origin. Specifies the concepts of the appellation of origin and geographical indication.
10. Fines & Enforcement. Fines imposed by the Mexican Patent and Trademark Office (“IMPI” in Spanish) will be legally deemed as “tax credits” and IMPI is empowered to execute the fines and collect. IMPI is entitled to rule on the amount of damages caused to the patent and TM rightsholders. For more information, please contact the Dentons’ Intellectual Property & Technology group.

For more information, please contact the Dentons’ Intellectual Property & Technology group.