International Treaty

April 4, 2011
International Treaty

Over the passage of time and in accordance with the opening of borders for the development of industry andcommerce, one observes among the various countries of the world a growing similarity in their respective legislationregarding intellectual property rights such as patents, trademarks, copyrights, trade secrets, etc., which situation is aspecific result of the level of commercial exchange that currently exists in the world economy. As such, over timevarious international treaties have been developed in order to, among other things, orient the meaning of nationallaws. Countries that adhere to such treaties or conventions have agreed to observe and recognize in their domesticlaws the minimum benefits recognized in favor of holders of such rights, which consequently means that minimumlevels of protection are similar in several different countries. Mexico forms part of the well-known “Paris Conventionfor the Protection of Intellectual Property”, which among other aspects recognizes such-called “priority rights” whichmeans that the date upon which the registration of rights was made in one country it is recognized as the date of filingin other countries that adhere to such convention. In regard to trademarks, the term for claiming priority rights is sixmonths after filing in the country of origin, while for patents said term is 12 months. Later, Mexico became a memberof the Patent Cooperation Treaty (known by its initials PCT), which extended considerably the period for claimingpriority. In addition, Mexico is a member of the Berna Convention for the Protection of Artistic and Literary Workswhich has achieved in various national laws recognition of worldwide validity of copyrights, and as a result theirefficacy, solely by being recognized in one country. Finally, as a member of the World Trade Organization (WTO)Mexico is also a party to the Agreement Concerning Intellectual Property Rights for Associated Commerce, whichcontain rules for protecting various intellectual property rights, emphasizing the obligation to offer patents to all typesof industrial activity. The above referenced laws are not isolated, but instead are the consequence of increaseinternational business and the clearly growing need for owners of intellectual property rights to protect their rights invarious territories, whether or not they are actually operating in such countries, or in prevention of closeincorporations in new markets.

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