Issues concerning copyright and trademarks


Edith López-Bautista

It would be good to think that intellectual property law and regulations in Mexico cover all the aspects and possible issues that might arise from their own provisions, but that is not the case.

Several legal shortcomings exist, and even those that have been detected have not been amended.

One example is the lack of a legal provision to establish an obligation for the Mexican Institute of Industrial Property (IMPI) to verify rights granted by the National Institute of Authors’ Rights, and vice versa, before the granting of some of the rights governed by the relevant laws.

That is particularly the case in connection with trademarks and some copyrights, such as those included in the pictorial category: drawings, caricatures and/or some others that can be considered as artistic works and could be protected as trademarks.

copyright, trademark, IMPI, IP enforcement