Intellectual Property

On July 1st, 2020, a new Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial) (the New IP Law) was published in the Official Gazette of the Federation, repealing the former Industrial Property Law of the year 1991. Additionally, on that same date, the Federal Copyrights Law (Ley Federal del Derecho de Autor in Spanish, the Copyrights Law) was also amended in some material aspects. The enactment of the New IP Law and the amendment to the Copyrights Law were approved to harmonize and adapt the Mexican legal intellectual property framework to the obligations undertaken by Mexico under the United States-Mexico-Canada Agreement (USMCA) which came into effect on such date.
A judgment by the Court of Justice of the European Union (CJEU) has concluded that to determine whether use “in the course of trade” exists it is irrelevant whether the mark is used in the course of a person's trade or whether any consideration is received. The key lies in the receipt (import) of the goods and in the fact of those goods not being intended for private use.
Just when everyone thought they wouldn’t be able to register as a trademark the title of a famous German comedy from 2013 and its two sequels from 2015 and 2017: Fack ju Göhte, because it was contrary to accepted principles of morality, the Court of Justice of the European Union (CJEU), accepted its registration in a judgement handed down on February 27, 2020 (case C-240/18).