APRIL 2010 EDITION ARCHIVE
Legal Updates
PRACTIQUE LEGAL - Functions of a Mexican Notary Public
By Rene Cacheaux Almost everyone with experience doing business in Mexico has dealt with a Mexican notary public. The personal capacity and functions of a notary public in Europe, South America and Mexico are very different from those of notaries public in the United States of America. In Mexico, in order to have a notarial license, one must be licensed as an attorney at law. In addition, one must have years of experience practicing law, and must take and pass complicated professional examinations... [Read More]300 PALABRAS - Reform to Make Mexico More Competitive
By Dr. Mario Melgar-Adalid Mexico needs structural reform to maximize its competitiveness and efficiency in the world marketplace. Politics, vested interest and resistance to change have impeded advancement in the structural reform required by the nation. With a few exceptions, recent proposed structural reforms have been limited in scope or have languished without being approved. There is plenty of blame to go around and neither the Mexican Congress nor the administration can be faulted, even if... [Read More]Recent Jurisprudence - Registration of Mixed Trademarks
On March 24, 2009 the Second Chamber of Mexico's Supreme Court of Justice (Suprema Corte de La Nación or SCJN) approved case number 2a./J.41/2010 under the heading "Trademarks. When proposed in a mixed form (name, design and three-dimensional form) and such latter form is not subject to registration by individuals, such circumstance impedes the registration of trademarks." In its decision, the SCJN held that a consistent interpretation of Mexico's Industrial Property Law... [Read More]Constitutional Amendment Pertaining to Collective Lawsuits
Mexico's Lower House of Congress has approved a constitutional reform, which was previously approved by Mexico's Federal Senate, which adds a third paragraph to article 17 of the Political Constitution of the United Mexican States establishing a constitutional level known as "collective actions" in Mexico. The paragraph that will be added to the Constitution contains the following text: "Laws that regulate those actions and procedures for the adequate protection of collective... [Read More]New Reforms to Mexican Wildlife Law Prohibit the Introduction of Exotic Animals to Wildlife Conservation and Management Units (UMAS)
On April 6, 2010, new reforms to the Mexican Wildlife Law (Ley General de Vida Silvestre) were published in the Official Journal of the Federation which prohibit the introduction of any non-native exotic animals or game to Wildlife Conservation and Management Units or UMAS. Such reforms also prohibit the importation into Mexico of exotic wildlife that may threaten the biodiversity, economy or public health of the country. Such reforms apply to wildlife species that are not native to the particular... [Read More]Business & Politics Outlook
Political Thermometer
The political temperature in Mexico is increasing as campaigns continue building leading up to the elections in 15 Mexican states to be held in 2010. In July, 12 governorships will be up for grabs in Veracruz, Puebla, Hidalgo, Quintana Roo, Aguascalientes, Chihuahua, Durango, Tlaxcala, Tamaulipas, Oaxaca, Zacatecas and Sinaloa, which are very important politically, as well as for the economic and social impact such elections will have. Such states represent more than 40% of the voters of the entire... [Read More]Economic Indicators
Mexican Economy
In spite of the recent increase in violence in certain parts of Mexico, the national economy shows clear signs of recovery. Mexico's Secretary of Labor, Javier Lozano, announced on April 6th that Mexico had created 290,000 new jobs, thus recuperating the 218,000 jobs lost in 2008 and 2009. A poll of private sector economists conducted by Mexico's Central Bank, the Banco de Mexico, showed an improvement in the expected growth of Mexico's gross domestic product, which is currently estimated... [Read More]Mexico IP Info
Registration of Mixed Trademarks
In conformity with the provisions of Mexico's Industrial Property Law (Ley de la Propiedad Industrial), trademarks may be constituted by a simple name, by a design or by a three-dimensional form, or they may be "mixed" involving a combination of the three forms referred to above, as is the case of a trademark that contains a name and design, or a trademark that contains a name, design and three-dimensional form, etc. Mexico's Industrial Property Institute (Instituto Mexicano de... [Read More]