Issue 135-September 2016

September 7, 2016

Mexico City’s New Constitution

After a long discussion process, a constitutional reform was finally approved in order to politically categorize the Federal District as a new state, with autonomy as relates to its internal system and its political and administrative organization. The newly-named Mexico City is now the 32nd Mexican state. Mexico had followed, with a few variables, the U.S.’s solution to designate a defined territory to serve as the seat of federal governmental power. In the U.S., the capital is Washington, District of Columbia (or D.C.), while in Mexico it has been the Federal District (Distrito Federal or D.F.). One difference between the two capitals is that in Mexico the D.F. was established as the political, cultural, religious and economic center of the … read more

September 8, 2016

Recent Jurisprudence – Burden of Proof When the Date of First Use of a Trademark is Allegedly Falsified, by Adrian Salgado

The First Circuit on Administrative Matters recently issued opinion number PC.I.A. J/78 A (10a.), entitled: “Invalidation of Trademark Registration. When the date of first use of a mark is allegedly falsified, the plaintiff bears the burden of proof to prove the facts of the elements of the cause of action.” In such case, the court determined that when one alleges the invalidation of the registration of a trademark, in accordance with that set forth in section III of Article 151 of the Intellectual Property Law, based on the alleged falsification of the date of first use of the mark stated on the application for registration, the plaintiff bears the burden of proof to prove its case.  This conclusion is consistent … read more

Procedure for Delivering Notice of Dismissal to Employees in Cases of Terminations for Cause, by Justo Bautista Elizondo

Prior to the labor reform of 2012, and in accordance with article 47, section XV of the Federal Labor Law, an employer had the obligation to deliver notice of dismissal directly to an employee at the time of  termination, and if the employee refused to accept such notice, the employer had five business days to present such notice at the Board of Conciliation and Arbitration with jurisdiction, providing the employee’s address and requesting the intervention of the authorities for purposes of delivering the dismissal notice to the employee.  Subsequently, the Federal Labor Law was reformed and Article 47, Section XV was amended, resulting in an important change to the procedure for giving notice of dismissal in terminations for cause and … read more