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21 December 2016

Trade dress: a broad umbrella of protection

The Internet of Things allows objects to be sensed or controlled remotely across existing network infrastructure. As in any competitive market, original and innovative products or services – if successful – will attract unwanted attention from copycats, and a better understanding of how these can be protected by trade dress can thus be crucial.

30 September 2016

The growth and benefits of specialised jurisdictions for IP cases

A growing number of countries have specialised IP courts, but their powers are varied and they are organised in different ways

31 August 2016

Protection of trademarks regardless of registration

The Special Federal Attorney's Office and the Brazil Patent and Trademark Office recently drew up an opinion on the practical application of Article 124(XXIII) of the Industrial Property Law. The article prohibits the registration of a trademark that reproduces or imitates, wholly or partially, another trademark that the new applicant must have been aware of due to its own activity.

20 July 2016

How to protect weak trademarks

The recent rejection by the Brazilian Patent and Trademark Office of the well-known Selaria brand, owned by famous luxury store chain Richards, has reawakened debate on an old topic: what defines the strength of a trademark? In order to avoid the grey area surrounding the protection of weak marks, rights holders should take certain steps to strengthen their marks.

06 October 2015

Misinformation and misinterpretation abound as the TPP passes after years of wrangling

Negotiators from 12 Pacific Rim countries announced yesterday that they had reached agreement on the Trans-Pacific Partnership (TPP), a trade liberalisation pact covering 40% of the world’s economy which has proven controversial for, among other…

02 July 2015

Despite patent slowdown, investor appetite for intangibles is high, says man who sold RadioShack assets

Last week the disposal of a range of intangible assets owned by RadioShack was completed, raising around $40 million for the bankrupt business. The sale included a range of trademarks, domain names and a small portfolio of 73 granted and pending…

07 September 2011

Approving follow-on biologics in Mexico

Although the period for the Mexican Ministry of Health to issue regulations on the approval of biocomparables has expired, the draft regulations are still being reviewed, with input from the Mexican Association of Pharmaceutical Research and the National Association of Drug Manufacturers.

23 March 2011

Selection, clearance and registration for trademarks in Mexico

Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they provide. Mexican law provides robust protection again counterfeiters, while the federal prosecutor at the Attorney General’s Office investigates alleged IP crimes with the support of the Federal Investigations Agency and the police.

03 November 2010

Specialised IP court corrects IMPI

The examiners of the Mexican Trademark Office (IMPI) rarely analyse the distinctiveness of the different elements. However, since its creation in 2009, the IP Court of the Federal Court for Tax and Administrative Affairs has been developing criteria in this regard, thereby correcting the IMPI.

04 August 2010

Protecting trade dress

IP law allows the protection of products through distinctive signs such as trademarks, trade names, slogans and appellations of origin. However, while these four options may seem adequate to ensure protection, IP law still provides no protection for trade dress.

23 June 2010

Battling counterfeits through Customs

For many years Mexico has faced significant problems regarding the sale and distribution of counterfeit products. The Mexican government, with the collaboration of IP rights owners, has taken various enforcement actions against counterfeiters. The most noteworthy of these have been the actions taken at the border to challenge the import of counterfeits into Mexico.

27 January 2010

Mexico’s hotel for the stars highlights power in the name

A recent marketing campaign highlights some of the intricacies inherent in Mexico’s trademark legislation. A well-known hotel in Mexico City had hired someone dressed as a chauffeur to stand at the arrival gates at Mexico City International Airport holding a sign bearing the names of celebrities alongside the hotel’s trademark.