AM&L News Letter
Class Action Suits become part of the Mexican Judicial System



Industrial Property Law regarding Trademarks



Customs’ Recordal of Trademarks



Ex officio prosecution of intellectual property crimes



Alberto Silva, head of AML's Environmental Law Department at AIJA



The Appellation of Origin "Tequila"
In 1974, the Mexican Government issued a Declaration for the Protection of the Appellation of Origin Tequila (DOT), stating that because of its geographical origin, reputation and essential specific qualities, "Tequila" was to be considered a geographical indication of Mexico.


Patentability criteria for software and computer-implemented inventions.
Patentability of software or computer-implemented inventions has been a worldwide debated theme among several patent offices. This article offers a brief description of the most important criteria.


CREATIVE COMMONS (Some rights reserved vs. all rights reserved?)
The Creative Commons (CC) system is based on copyright observance; however it does not replace any kind of registration. In legal terms, creative commons are non exclusive, non revocable, open source licensensing system enacted recently (2003) as a global exchange alternative among creators, based on the restricted use of any copyrighted work in internet traffic mostly.


PLANT VARIETY PROTECTION IN MEXICO
According to the Industrial Property Law, plant varieties are excluded from patentability. The only possible legal protection for plant improvements is by means of Breeder’s Rights. However, new plant varieties resulting from modern biotechnology can be patented, although not explicitly, as genetically modified organisms.


First declaration of fame is issued Mexico - Arochi, Marroquín & Lindner, S.C.
The Mexican Institute of Industrial Property (IMPI) has issued the first declaration that a trademark is famous in Mexico in the February 2010 edition of the Industrial Property Gazette. The trademark in question was RED BULL.


Anti-piracy training session in Ciudad del Carmen, Campeche, July 22, 2010



Anti-piracy training session at the Port of Manzanillo, June 15, 2010



Anti-piracy training session at Progreso Customs, May 20, 2010



Anti-piracy training at Puebla customs, April 28-29, 2010
Arochi Marroquin & Lindner participated in the anti-piracy training seminar that took place last April 28 and 29, 2010 in Puebla, Mexico. The training session was held at the Treasury Department facilities and a total of 25 participants from the Puebla Customs were present at the training. Several trademark representatives also attended the seminar providing information mainly on how to identify counterfeit products from original. Trademark representatives were in charge of training the participants to identify several trademarks and the main characteristics of original and counterfeit products, such as labeling, tags, security elements etc. by making use of leaflets, manuals and material samples for a more practical approach. The seminar initiated with an exposition by personnel from the Mexican Trademark Office (IMPI) who explained the functions of this organism and its work in the fight against piracy. Anti-piracy trainings on behalf of Nokia, Tous, Disney, ESA, MLB, H-D Michigan, NFL, Viacom, King Features and BMW were given to the authorities. During a visit to the facilities of Puebla Customs the trademark representatives were informed that the importations handled at this customs are mainly under regimen A4 and F4 which means that, in the first case, the products go to a fiscal warehouse for being labeled to comply with some laws and the finally exported. The F4 regimen applies only for temporary importation of goods that after being transformed (during the manufacturer process) will be returned to the exporter. These importations are mainly related to raw material, for instance textiles that arrive to a Mexican company who is in charge of manufacturing denim jeans and once they are finished they have to be returned to be labeled and packaged by the brand owners. This was completely understandable since some zones of Puebla are well known for their textile manufacturer industry. There is not so much seizure action in Puebla customs; however, since a DHL company will soon initiate operations in this customs facility, trademark representatives probably will start seeing counterfeit products in courier packages. These activities proved the efforts that the private sector is working on and also show the important collaboration that exists between the trademark representatives and the government authorities to fight against counterfeiting and piracy.


MIKE MARGÁIN RECEIVES INTERNATIONAL AWARD FOR EXCELLENCE IN IP LITIGATION



NEW RATES FOR WELL-KNOWN AND FAMOUS TRADEMARKS



AML adds a new law practice



Arochi, Marroquín & Lindner Law Library most important acquisition.



Roberto Arochi at GALA Americas Regional Meeting.



Arochi, Marroquín & Lindner at INTA 2006 Annual Meeting.