Due to corporate needs and the requirements of a company in his diary acting, in MÉNDEZ+CORTÉS we have created a specialized area in order to clarify the obstacles and create strategies in the corporate area and in regulatory affairs area to provide protection and to increase the patrimonial value of our clients.
Our services, among others, are the following:
Copyright is the recognition by the State for all creators of literary and artistic works provided in Article 13 of the Federal Copyright Law, whereby grants its protection in order that the author enjoys prerogatives and exclusive privileges of personal and property character.
There are several reasons why it is important to protect the works:
In Mexico, among the main systems that regulate this important matter we find the following:
According to the above and because of the important reason to protect copyright, MÉNDEZ+CORTÉS have a specialized Copyright area with extensive experience. Our services include negotiating and reviewing contracts; processing, management, acquisition and maintenance of records before the National Institute of Copyright (INDAUTOR); litigation as civil, administrative and criminal actions to enforce the rights granted in relation to third parties infringing works as:
Similarly, we carry out the management related with stage names, characters (fictional or human), image and advertising promotions, as well as everything linked to related rights.
The preparation and expertise of our team allow us to accomplish the efforts mentioned above in Mexico and abroad.
The new business creations, also called distinctive signs include trademarks, slogans, trade names and designations of origin.
A Trademark is understood as any sign perceptible by the senses that distinguishes good or services, from others in the Market, of the same kind or class. Brands are an important part of the assets of the company, which guarantees the quality of the goods or services of the same; for this reason, it is important that the owner of the trademarks protects each of them, in order to ensure the exclusive right of use and to prevent unfair competitors use, identical names or similar signs for goods or services of inferior quality
The Trademark purposes are: distinction, protection, indication of source, quality assurance and publicity.
The only way to protect a trademark in Mexico is through registration granted by the Mexican Institute of Industrial Property (IMPI), which is the office responsible for the protection and management of Industrial Property rights in Mexico. In our system, it is irrelevant whether the trademark has been used in marketing to the public or is still in the preparation phase to do so; the trademark will be registered for the first person to submit the application for registration.
In Mexico, the trademark registration lasts for 10 years from the filing date of the application for registration, with possible renewal for an equal period.
On the other hand, the trade notices are phrases or sentences that focus to announce to the public, commercial, industrial or services’ establishments or negotiations, products or services to distinguish them from others of its kind.
The trade name is the sign or designation that identifies a company in the mercantile trade and serves to distinguish it from other companies that develop the same or similar activities.
Designation of origin is the name of a geographical region that is used to designate an originating product where quality and characteristics are due exclusively to the geographical environment, including natural and human factors.
In MÉNDEZ+CORTÉS we have a specialized team in distinctive signs, allowing us to provide our customers with excellent service in relation to these ones, achieving to exploit and maximize the value that these signs represented as assets and develop great business strategies.
With our services are, among others, research, search, preparation and submission of applications; application’s follow up until granted; preparation and negotiation of licensing agreements, assignments and franchises; preservation of rights and renewals; audits; sale and purchase of assets; research, actions and litigation to protect the rights of distinctive signs and prevent piracy and counterfeiting.
Due to the great importance of the protection of these media creations, we have correspondents in various countries to carry out the services discussed.
The new industrial creations include patents, utility models and industrial designs, the latter, in turn comprise both industrial models and industrial designs.
The patent is the legal instrument that allows an inventor, assignee or transferee to exploit an invention exclusively for a certain time, by complying with certain obligations under the law.
Inventions are defined as any human creation that allows the transformation of matter or energy existing in nature, for being use by a man and satisfy their specific needs.
In order that an invention can be patentable, must comply the requirements of patentability according to the Industrial Property Law, among them are: that the invention is new (novelty), the result of an inventive step and is capable of industrial application, the invention is not located within the cases appointed by the Industrial Property Law on what is not considered as an invention (Article 19) or what will not be patentable (Article 16, sections I to V).
On the other hand, utility models are objects, utensils, equipments or tools as a result of a change in its layout, configuration, structure or form, offer a different role for the component parts or advantages in terms of utility.
Industrial designs comprise:
The granting of patents is essentially justified for various reasons; between them is that the new, creative and sensitive of industrial invention, constitute an intangible and private ownership of the invention; thus, almost every country in the world allow, with the patent concession, the exclusive use of the disclosed and protected invention at all times of validity, ensuring a fair competition between companies; additionally, you can find a social benefit to be derived from the exclusive right, since the inventor for a patent is bound to accurately describe his invention; said disclosure in the published specification allows third parties to extend their knowledge and reach other inventions that mean progress. Once the validity of the patent finished, the invention enters to the public domain; hence, the patent encourages research and scientific progress.
The legislation about new industrial creations is:
MÉNDEZ+CORTÉS has a team of lawyers, engineers and translators to conduct all negotiations and diligences related to new industrial creations; such as preparation, filing and processing of applications; acquisition and preservation of rights; searches and consultancy; protection of rights conferred and litigation for protection, structuring strategies to carry out the business opportunities of our clients in a satisfactory manner. Additionally, we perform all services related to the protection, maintenance and consultancy of the so called ancillary rights: trade secrets (industrial secrets and business secrets), mask work and integrated circuits as well as plant varieties.
Due to the great importance of the protection of these creations, we have correspondents in various countries to carry out the services discussed.
Unfair competition is that behavior can be understood as a merchant or manufacturer behavior intended to misdirect to their own benefit the clients from other law firms through other fraudulent machinations, producing or not the intended effect; or proceed as any abusive (dishonesty) in the course of industrial or business trade, keeping the professional rivalry, through reprehensible means and breach of express prohibitive norms contained in laws, regulations (criminal, commercial) or contracts.
According to applicable regulations, unfair competition can be stop through the following procedures:
Unfair competition is pursued to safeguard a minimum of morality in business transactions and a minimum of fair competition for traders. The rules of unfair competition are based precisely on the rules derived from the trade fair practice. Acts of unfair competition tend to hinder the normal processes of formation of the clients.
In MÉNDEZ+CORTÉS we have a team that specializes in contentious matters; providing care services to legal disputes, in accordance with the facts and needs of our clients, with a great record of success.
Within our services may be mentioned preventive counseling on litigation (precautionary and provisional measures); bargaining, protection and enforcement of intellectual property rights; alternative dispute resolution; cases of counterfeiting and piracy; violations and infringements on industrial and intellectual property; representation in ordinary and executives suits in various fields, in all feasible instances.
Because of the world situation and the globalization that characterizes nowadays to our way of life, it is extremely important to seek how to fully exploit the rights derived from intellectual property.
Due to the complex business structures, MÉNDEZ+CORTÉS has a trained and experienced team to carry out the strategic development for Business Franchise; rights management, preparation, drafting and negotiating contracts; granting and registration of licenses, among many others.
This will allow our customers to take advantage of the best intellectual assets at their disposal, both in Mexico and abroad through our correspondents.