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Patent/IP in Mexico

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Patent/IP in Mexico

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  1. import from Denmark

    Hi, I would like to start up a Business in Seattle WA. Its fruit and candy bags to grocery stores and bigger grocery chains I would like to know if someone know about a contract that I could sent to the danish company?Because I'm going for my own business and not just try to sell for the danish company.Please help. Thanks,Mathias Vinther

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Intellectual Property in Mexico

Intellectual Property in Mexico is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP in Mexico: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.

Patents

Generally speaking, patents in Mexico are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.

To qualify for a patent, an inventor must invariably create something that is:

  • Of patentable matter
  • Unique to patentee
  • Merited and can be utilised
  • Innovative
  • Non-obvious

Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.

As registration is invariably a lengthy procedure. An inventor may, instead, favour applying for a certificate of usefulness, which is easier to acquire, although provides less protection: 6 years compared with 20. Patents may not be renewed.

Trademarks

Trademarks in Mexico are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.

Famous examples of trademarks are Coca Cola and McDonald's.

Copyright

Copyright in Mexico gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.

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