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Industrial property law in Mexico has been changing in order to be updated with the international tendencies. The process of integration in NAFTA (North American Free Trade Agreement) is one these international factors that have affected the law. It has defined aspects of the current law, and especially its limitations in relation to foreign investments. The law is designed to protect inventions. Inventions are classified according to this law in: patents, utility models and industrial designs. Each of them has different definitions and characteristics that the law explains. This article includes some background, legal definitions and effects of the law. ==Background== The oldest Mexican legal instrument directly related to industrial property is the “Law on property rights for inventors” which dates from 1832. It gave protection to certain types of ideas and inventions. It had a strong influence from Spanish law. In 1889, during the presidency of Porfirio Díaz, this law was replaced by the “Law of manufacturing trademarks” which had French influence. Although it has since been superseded, some aspects of this law were kept and used in further laws, such as the 1890 “Law of Patents and Privilege.” This remained in effect with almost no change in its essence until the “Law of Industrial Property" of 1943. In 1903, the “Law of Industrial Trademarks and Commerce” included concepts of the international tendencies that had been unified by the Brussels Review (1900) and the Convention of Paris Union (1883). It has more technical features, introducing new elements like advertising and branding. In 1928, new laws of patents, invention, trademarks advertising and branding are created. In matter of patents, it includes a testing procedure to determine if the “invention” was truly new. It included as well judicial procedures to attend civil controversies and the compulsory use of trademarks for some merchandize. These laws of 1928 contained the world advances made manifest in the Convention of Paris Union (1983), the Washington Review (1911) and the Hague Review (1925). The law of Industrial Property of 1943 was influenced by London review of the Convention of Paris Union (1934). The law was criticized for giving "exaggerated protection" and other problems, so it was modified many times. The positives and the corrections made to the law served on the basis of the New Law of Inventions and Trademarks (1976). This law had influence as well from the agreement of Cartagena. It explored as well new socialist tendencies, like regulation for abuses and monopolies. From 1976 until 1991 the Law of Invention and Trademarks was current, just some modifications were made. In 1991,the New Law of Industrial property was issued. It is the current law that has been thoroughly reviewed and modified, especially to conciliate with North American standards in the process of the NAFTA (North American Free Trade Agreement). 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Intellectual property law in Mexico」の詳細全文を読む スポンサード リンク
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