Issue 123–June/July 2014

May 10, 2014

The Negotiation of Energy Laws in Mexico’s Congress

Following the December, 2013 publication of important reforms to the Mexican Constitution pertaining to energy, in April, President Enrique Peña Nieto presented the proposed new energy laws to Mexico’s Congress, with the majority of the bills being presented to the Senate and others to the House of Representatives. At the beginning of June, the Senate’s Energy and Legislative Review Committees established a schedule for the review and discussion of the pending presidential bills, dividing such into four reports to be reviewed between June 10 and 23. The proposed schedule was questioned by the legislators of the Democratic Revolution Party (Partido de la Revolución Democrática, PRD), as they considered, among other reasons, that discussing such during the World Cup soccer tournament … read more

July 13, 2014

Acceleration of Successive Installments in Loan Agreements

By Adrián Salgado

The Third Collegiate Court of the Twenty Seventh Circuit published legal opinion number XXVII.3o.3 C (10a), titled: “Credit Agreement. When acceleration of installment payments agreed to for the payment of outstanding principal and accessories occurs, payment on an installment basis is inapplicable.” In this legal opinion, the Third Collegiate Court determined that if acceleration of installment payments for outstanding principal and interest occurs as a result of debtor default, the obligation will no longer be in installments and will become immediately due given that the form of payment in installments was rendered inapplicable upon the date of default.

Intellectual Property Notes – Comparative Advertising of Trademarks
By Antonio Campero

Comparative advertising is a tool used in many countries to highlight the benefits of products recognized by the general public by means of the trademark indicated thereon, so that potential consumers can have additional information in order to make an informed decision regarding the purchase of advertised products. In Mexico, comparative advertising occurs in only rare cases, because including trademarks belonging to third parties in one’s own advertising is often considered an infringement that can give rise to penalties from Mexico’s IP authorities, based on the fact that current legislation on this issue establishes that no one “shall disparage or attempt to do so with respect to the products, services, industrial or commercial activities or the establishment of another,” and, … read more

The New Regime of Subcontracting and/or Outsourcing in Accordance with the Labor Reform
By Pablo Sáenz

Operating Companies are considering taking the following actions: (i) they are forming Outsourcing On December 1, 2012, Mexico’s so called “Labor Reform” was approved, which included various amendments to the Mexican Federal Labor Law. Among the most relevant amendments are those regarding the treatment of companies that offer employee services, also known as outsourcing companies (“Outsourcing Companies”), in terms of what is now set forth in articles 15A, 15B, 15C, 15D and other applicable articles of the Federal Labor Law. The Labor Reform, as such relates to the aforementioned provisions (“Outsourcing Reform”), has caused confusion and concern. This has occurred because such has created a doubt as to whether an outsourcing relationship that does not comply with all of the … read more