Issue 127–November 2014

November 18, 2014

Potential Popular Referendum on Mexico’s Energy Reform

By José María Lujambio I.

In August 2012, a decree of reforms to the Mexican Constitution on political matters was published in the Official Journal of the Federation to, among other things, recognize the right of citizens to vote in popular referendums on issues of national importance. Since then, this mechanism of direct democracy has complemented the representative democracy model shaped by Articles 39, 40 and 41of the Constitution. In terms of Article 35, section VII of the Constitution, popular referendums shall be called by Mexico’s Federal Congress at the request of the President of at least 33% of the members of each of its chambers, or the equivalent of a minimum of 2% of registered voters. Under the latter option, last April members of … read more

November 18, 2014

Recent Jurisprudence – Expiration of Mexican Trademark Registrations

By Adrian Salgado

Recently, the First Collegiate Court on Administrative Matters of the First Circuit approved legal opinion number I.1o.A.79 A (10a.) entitled: “Expiration of trademark registrations. The use of a trademark by an authorized third party, other than the owner, is sufficient to avoid its expiration.” In its opinion the Court determined that the relevant aspect to be considered in verifying the expiration of a trademark is its actual use for marketing of products, or for the rendering of services that are distinguished by such mark and, that said use by a third party other than the owner serves to preserve the effectiveness of the trademark and avoid its expiration, in accordance with the concept of mandatory use of the registered trademark under … read more

Amendments to the Regulations to Mexico’s Foreign Investment Law and the National Registry of Foreign Investments
By Floriberto Morales

On October 31, 2014, Mexico’s Department of Economy published the amendments to the Regulations to the Foreign Investment Law (RLIE for its acronym in Spanish) in the Official Journal of the Federation, which will come into effect 60 business days after publication (February 12, 2015). This is the case notwithstanding the provisions set forth in Articles 2 and 29 Bis of the RLIE, which came into effect on November 1, 2014, and were enacted to simplify the submission of notices before the National Registry of Foreign Investments (“RNIE” for its acronym in Spanish), resulting in the reduction of monetary fines levied on companies registered before the RNIE. The amendments to the RLIE provide for various changes in the filing of … read more

Reforms to Mexico’s Federal Labor Law and Workplace and/or Sexual Harassment
By Pablo Saenz

Following the labor reform paseed in November 2012, and numerous precedents established by national and international authorities, Mexican labor authorities (better known as Conciliation and Arbitration Boards or Labor Boards) may currently hear and issue resolutions as to: (i) possible employee claims against company officers or work colleagues in the companies where they render their services and (ii) possible personnel employment terminations, without any liability for the companies, as a result of [mobbing] or workplace harassment and/or sexual harassment that employees were subject to, in order to remedy physical or emotional damage, as well as damage to individual physical integrity or psyche, including non-pecuniary damages as a result of constant pressure from workplace or sexual harassment. Based on the foregoing, … read more