Issue 59–November 2008

November 17, 2008

Mexico’s Congress Approves Energy Reform

On October 28, 2008 Mexico’s Chamber of Deputies approved amendments to various Mexican laws collectively referred to as the “Energy Reform”. The Energy Reform presented by President Felipe Calderon’s administration, which has generated much anticipation on the part of Mexicans and foreigners alike, does not rise to the level requiring constitutional amendments or imply a fundamental change of the Mexican Government’s monopoly on petroleum and hydrocarbons. Even if the reform does not open significant new sectors to private investment, it does confirm that private companies may provide goods and services required by Petróleos Mexicanos (PEMEX) and other state-owned companies, but the payment for such goods or services may not be in kind or imply a profit participation in oil production. … read more

November 17, 2008

Mexico and China Agree to Resolve Pending Trade Disputes

On October 13, 2008 a decree was published in the Official Journal of the Federation (Diario Oficial de la Federación or DOF) containing Mexico’s agreement with the Government of the People’s Republic of China in regard to compensatory duties previously imposed by Mexico on Chinese goods. Based on the published decree, Mexico will be required to implement measures to cancel the reservations contained in Annex 7 of the Accession Protocol of China to the World Trade Organization (WTO). The purpose of this is for Mexico to eliminate antidumping duties on products previously listed in publications in the DOF originating from China, which means that Mexico will not be able to invoke its reservation of Annex 7 in the future. The … read more

Mexico Passes New Energy Efficiency Law

In October, the Mexican federal House and Senate approved a decree enacting the new Energy Efficiency Law (Ley Para el Aprovechamiento de la Energía). The new law will be sent to Mexico’s president for execution and publication in the Official Journal of the Federation (Diario Oficial de la Federación). The new statute creates the National Commission for Efficient Use of Energy, as a decentralized agency of the Department of Energy. This Commission will issue standards for quantifying greenhouse gases in the exploration, production, transformation, distribution and consumption of energy, as well as carbon emissions credits for taking environmentally sustainable action. The Commission will also implement the National Subsystem of Information on Energy Efficiency, to which governmental and private sector parties … read more

Cancellation of Trademark

In previous publications, we have informed our readers that a registered trademark in Mexico may lose its validity based on nullity or expiration procedures, and other causes listed in the law. In addition to losing a trademark registration based on nullity and expiration, a trademark owner may lose rights if the mark is “cancelled” in accordance with Mexican intellectual property law. Article 153 of the Intellectual Property Law (Ley de la Propiedad Industrial) provides that “A trademark registration will be cancelled if its owner has caused or tolerated the mark to become transformed into a generic name corresponding to one or other product or services covered by its registration, so that, in the commercial and generalized public usage of the … read more