“The protection granted in the law is very good; the problem in Mexico is enforcing the law,” said Marie Alsace Galindo, a licensed Mexican attorney and special legal consultant on Mexican law to law firm Butzel Long. “
In comparison, the structure of law in the
Galindo was one of three Butzel Long attorneys who made presentations this month at the two-day “Access
Galindo said Butzel Long has a number of automotive industry clients operating in
Although automotive engines and parts are often countfeited in
“In
Every intellectual property right applies just to the jurisdiction where a copyright or patent was filed and registered, Galindo pointed out, so a company should seek protection in each country where it plans to market and sell its product.
The
The same is true for a patent. The Mexican government will take into account the date of filing in the United States when it grants a patent, so the patent date under which it’s registered in Mexico will be the same as the date it was filed in the United States.
In
Infringement actions must be brought before the Mexican Institute of Industrial Property, rather than the courts. The courts become involved after the Patent Office has determined infringement has occurred. The institute is an independent entity dedicated to the enforcement of industrial rights under Industrial Property Law and in accordance with international standards. Similarly, the National Institute on Copyright handles copyright infringement.
Galindo advises executives who travel to