Issue 101–May 2012

May 1, 2012

Recent Jurisprudence – Right of Appeal and Constitutional Sub-Guaranties

Recently, the First Collegiate Court on Administrative Matters of the First Circuit issued court precedent number VI.1o.A. J/54(9a.) titled “Appeal. The guaranty contained in Article 8 of the Constitution consists of various secondary guaranties that form part of it and that should be considered by the district judge during the amparo action for the violation of such right.” In this legal decision, the Court determined that the sub-guaranties that form part of the right of appeal are: a) to provide a written response to the appeal filed by a party; b) that the response is consistent with that requested by such party; and c) to provide a response to the appeal within a brief time period. In this sense, it … read more

May 1, 2012

Amendment for the Improvement of Enforcing Settlement Agreements and Arbitration Awards by the Office of the Federal Consumer Protection (PROFECO) Prosecutor

By Jorge Sanchez-Cubillo

On April 17, 2012, a Decree was published in the Official Journal of the Federation by means of which section VIII was added to article 1391 of the Mexican Commerce Code, increasing the list of documents to which this regulation grants the “ripe for enforcement” characteristic; therefore, agreements reached in settlement proceedings approved by the Office of the PROFECO Prosecutor and arbitration awards issued by such authority are expressly recognized as ripe for enforcement, and, as of April 18, 2012, it is possible to file a summary commercial action based on any of these documents. With respect to such agreements, this amendment simply recognizes that which is already established in article 110 of the Federal Consumer Protection Law (LFPC), stipulating … read more

Employee Profit Sharing
By Pablo Sáenz

Employee profit sharing is a topic of great importance. Article 123 section IX of the Constitution of the United Mexican States stipulates that employees shall have a right to share in company profits (10% of taxable profits in accordance with the terms of the Income Tax Law). The Federal Labor Law is the law regulating article 123 above, which provides for employee profit sharing. Generally speaking, all employers, whether individuals or entities, with salaried employees, have the obligation to make this payment. Only the following are exempt from such profit sharing obligation: (i) newly formed companies, during the first year of operation, It is important to note that merger, transfer or change of the company name does not result in a … read more

How to Choose a Trademark
By Antonio Campero

An important decision for companies is choosing the distinctive trademarks that will identify their products or services in the future, given that, to a great extent, this decision will be fundamental for the future success of the business. Once factors such as price and quality are linked to a product or service in the consumer’s mind, trademark identification becomes critical. As a result, it is vital to make a proper trademark selection prior to the introduction of the product or service into the market, pursuant to which certain factors must be taken into consideration, such as the ease of imitation due to the word(s) or designs chosen, the ease of maintaining the name(s) or images, etc. Given the foregoing, one should … read more