Issue 95–November 2011

November 8, 2011

Recent Jurisprudence – Exception of Payment or Compensation in a Summary Commercial Action

The First Chamber of the Supreme Court of Mexico (SCJNC, for its acronym in Spanish) recently issued case decision 1a./J. 69/2011 titled “Exception of Payment or Consideration. It is proper to oppose such in a summary commercial action based on a credit instrument which has not been circulated, even when the respective payment was not annotated on the instrument itself, being that such constitutes a personal exception against the claimant.” Such case decision was issued pursuant to contradictory court opinions and, in its holding, the Supreme Court determined that payments made on account of or for the entirety of the debt, which were not annotated on the document that is the subject matter of the claim, shall be considered a … read more

November 8, 2011

Forms of Construction Agreements

By Jorge Ojeda

There are various forms of executing construction agreements, with the most common being: (i) the construction agreement for management of work, in which the owner of the work entrusts the management of the construction to a contractor who provides services in exchange for a fixed payment. However, at all times, the individual who contracts with suppliers is the owner of the work, with the support and management of the managing contractor; (ii) the fixed price construction agreement, in which the contractor agrees to carry out the construction for a fixed price and is bound to comply with the specifications agreed to by the parties, with all the materials, labor and other direct and indirect costs included in the fixed price; and … read more

Recent Agreements Entered into by IMPI
By Antonio Campero

The Mexican Institute of Intellectual Property (IMPI, for its acronym in Spanish) has always been very active in entering into international agreements for the increased protection of intellectual property rights. Recently, IMPI executed an agreement with the United Kingdom Intellectual Property Office (UKIPO). The agreement aims to increase the growth of innovation and creativity of Mexico and Great Britain, while allowing both countries to share better practices when enforcing intellectual property rights. The goal of this agreement is to support small and mid-size industries in both countries, which contribute to economic development by means of the innovation of new technology. Moreover, in the area of copyright and particularly software, IMPI entered into agreements with the Business Software Alliance Mexico (BSA) … read more