For many years, transferring intellectual property rights in Mexico was straightforward. Today however, it’s no longer a recordal process exempt from formalities and compliance consequences, as Mauricio Jalife Daher explains.
As a business grows internationally, it can be convenient to use IP rights as investment vehicles, but mandatory implications for changing control over these intangible assets must be carefully assessed by experts.
International IP transfers to holding companies may be driven for asset protection purposes against unexpected domestic creditors. In Mexico, employees can initiate labour suits resulting in preventive injunctions, and the seizure of an employer’s trademarks as collateral.
"Agreements involving zero/unreal values for recordal involve non-compliance red flags, and tax authorities are indeed calculating presumable appraised values of transactions to impose fines for unpaid tax."
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IP, Mexico, copyright