(Español) Boletín 4

NEWSLETTER (USMCA)

On November 30, 2018, the Commercial Agreement, knows as USMCA or T-MEC, was signed by the Commercial Representatives of Mexico, Canada and United States in Buenos Aires, Argentina, whose next step will be pass to the ratification of the congresses of the 3 countries so that it can enter into force.

The expectation is that this trade agreement can enter into force on January 1, 2020, once it has been ratified by the congresses of 3 countries.

TMC Legal® staff, are at your disposal to support you with the interpretation and compliance with the aforementioned provisions.

carlos@tmclegal.com / Partner
karla.g@tmclegal.com / Associate
fernando.perez@tmclegal.com / Logistics & Foreign Trade

NEWSLETTER (USMCA)

As a result of the negotiations held to modernize NAFTA, on September 30th, 2018, Canada and the United States reached a trade agreement, which both countries and Mexico will update the NAFTA, effective since the 90´s. The new agreement was called the United States, Mexico and Canada Trade Agreement (USMCA)

The text of the new trade agreement is expected to be signed before the end of 2018, and it will be sent to the Congresses of the three countries for to be duly ratified in accordance to the processes of each country.

The content of this text can be reviewed and downloaded in its English version, in the following link:

https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/united-states-mexico

It is important to note that additional to the publication of the text of the USMCA, Associated Rules withsuch Agreement will be published, which we will inform you at the appropriate time.

It is important to note that in addition to the publication of the text of USMCA, Associated Rules will be published with such Treaty that we will inform you in due time.

In the next few days, information on specific points will be provided.

TMC Legal® staff, are at your disposal to support you with the interpretation and compliance with the aforementioned provisions.

carlos@tmclegal.com / Partner
karla.g@tmclegal.com / Associate
fernando.perez@tmclegal.com / Logistics & Foreign Trade

Amendments to the Mexican Intellectual Property Act; Trademarks, Industrial Designs, Denominations of Origin and Geographical Indications.

Please be informed that on March 13 2018 and May 17, 2018, amendments to the Mexican Intellectual Property Act were published in the Official Gazette of the Federation, which became effective on April 27, 2018, and on August 10, 2018.
Please be advised that such amendments to Mexican Intellectual Property Act are in brief the following:
I. Trademarks:
• It broadens the legal concept of trademark to include the “non- traditional” marks perceptible to the senses (sounds, scents, motions).
• It includes as non-subjected to registration the expressions such as “gender”,” type”, “manner,” “imitation,” “produced in” or similar expressions as distinctive signs or marks anymore.
• It updates restrictions to obtain illegal trademark registrations (bad faith) were added, avoiding unfair competitors or trademarks trolls in Mexico.
• It includes “acquired distinction” or “second meaning” for trademarks derived from use and perception of consumer through time.
• It broadens the regulation of collective trademarks and grants registration to “Certification Marks”. It adds legends such as; “Collective Trademark” or “Certification Trademark”, under the acronym MR or the ® symbol.
• It includes the obligation to request all Registrants to file a Statement of Use at the Mexican Trademark Office (hereinafter the “IMPI”) attesting the real and effective use of the mark in commerce for a period of three months as of the third anniversary of being granted. Likewise, the obligation to file a Statement of Use for renewal purposes. It shall expire if the Registrant does not file such statement of use in both cases.
• It adds the option to obtain the registration of “trade dress” as product design, product packing and product configuration, or other distinguishing element of appearance collective referred to as trade dress (pluralidad de elementos operativos que distingan productos o servicios en el mercado) as a trademark
• It regulates the adversarial system of opposition.

NOTICE: We are expectant to the amendment for the Intellectual Property Statute to adapt it to those provisions, which we will be informing on the next few days.

II. Industrial Designs:
• It acknowledges the feature of “Designer” to the creator of an Industrial Design, formerly known as “inventor”.
• It regulates of the concepts of: “independent creation” and “significant degree” with regard to the requirement of novelty, for the protection of industrial design.
• It modifies the registration validity to 5 years renewable for equal successive periods up to a maximum of 25 years.
• It regulates the expiration as a cause for non-renewal of the registration.

III. Patents, utility models and industrial designs:
• It recognizes as a non-waiving right to be mentioned as an inventor or designer in the publication of application forms and registration titles.
• It publishes applications for registration of utility models and industrial designs in the Industrial Property Gazette upon approval of the form examination.

IV. Geographical Indications (GIs) and Designations of Origin (DOs):
• It modifies the definition of DOs.
• It includes the protection of GIs, according to align Mexican IP legislation to the new version of the Trade Agreement with the European Union.
• It provides a common procedure to process a petition for protection declaration and a procedure to authorize it use.
• It establishes provisions for the recognition of DOs and GIs protected abroad.
• It provides administrative fines and typifies criminal offense related to DOs and GIs

In relation to the above we are at your service for any questions and comments -TMC IP Services (Luis Mojica: luis@tmclegal.com, Pamela Moscosa: pamela.m@tmclegal.com).