How do I protect my trade mark? What are the steps to register a patent? Can I extend the protection of my EU trade mark, design or patent to Mexico? How is the best way to combine patent and trade secrets protection? Who is the authority in charge of the register patents, trademarks and designs in Mexico? Do I need to register my copyright to obtain protection in Mexico? These are some of the most recurrent questions we receive in our Helpline service. But if you do not know where to start, this post is for you.
To begin with, if your company is working in the green tech sector, this video is for you:
When it comes to internationalise your business, for sure you need to take care of the protection of your intangible assets. These assets are usually protected by intellectual property (IP) rights such as patents, trade marks, copyright, industrial design, or trade secrets, among others. IP rights are territorial in nature, and hence they will not be covered by your registrations in other countries.
While it might seem difficult and burdensome at first sight, it is easier if you know what to do and how to do it. The Latin America IP SME Helpdesk offers here an overview on how to protect your IP in Mexico.
Some basics:
If you are a European Small and Medium Enterprise (SME), an inventor, a creator or a researcher you can gain useful tips on how to protect your Intellectual Property in the Mexico IP Country Factsheet.
Shall you have already registered some patents, trade marks or designs in Europe, you can find the most important differences between Mexico in Europe when it comes to IP in our comparative Mexico vs Europe, and adapt your strategy accordingly.
If you are not sure about which sectors are more important in Mexico, we have summarized this for you in our infographics: Healthcare and Pharmaceutical innovation in Mexico (link), and Protecting your IP in the Mexican automotive sector (link).
For inventors and researchers – patents and technology transfer:
Developing, testing and marketing a technological improvement – including pharmaceutical compounds, machinery or software – it’s a long way. Sometimes obtaining patent protection in Mexico may be more complex than you might expect, and for that, we recommend you having a look to our factsheet “how to register your patent in Mexico”.
Once your patent is granted in Mexico, you may no longer have to worry about promoting your inventions at trade fairs there (either in Mexico City, Oaxaca or Guadalajara).
Confidentiality and secrecy – trade secrets:
In any case, take into account that any disclosure of your invention, prior to apply for a patent may render your patent application non-novel. In addition, you might also want to keep confidential part of the information you plan to share with your Mexican business partners. Hence it is paramount to properly protect confidential information by means of trade secrets.
For brand lovers – trade marks:
Building and maintaining a reputation is essential for succeeding in any market, and trademark protection is the right tool to legally protect it. To prevent others from free-riding on your marketing efforts, we encourage you to protect your brand, in particular to take down counterfeit products in Mexico.
Should you be thinking in protecting non-traditional trade marks in Mexico, seek IP advise beforehand, to check out whether your IPRs in Europe can be protected in a similar way in the United Mexican States.
For artists and creators – Copyright
To protect your creations (whether a painting, a sculpture, or a brand-new song), even though copyright protection is obtained automatically without registration, it is true that you should be aware of the importance of doing it. Why is that? Sometimes it might be key to your interests to register your work, in case of a dispute over the ownership, or the creation of the work. Moreover, when you want to sale or transfer the rights to the work. If your company sells video games, do not forget that copyright protection in software is key against infringers. Have a look to our case study: “protecting video games in Mexico”.
The greatest victory is that which requires no battle. (Sun Tzu) – enforcement and customs:
Successful companies and products are likely to attract the interest of counterfeiters and free riders. If that is the case you do not need to worry. In Mexico there is a wide catalogue of means to enforce your Intellectual Property rights before the courts, administrative bodies and customs’ authorities. Take into account that you may enforce your trade mark at Mexican customs, by making use of the Mexican customs trade mark database.
If you need further guidance…
If before, during or after reading our guides you happen to need further clarifications with regards the protection of your intellectual property in Mexico, please contact our Helpline. All SMEs, inventors and entrepreneurs from the European Union and COSME countries are eligible for free and confidential guidance from our IP experts – in just three working days.
Details
- Publication date
- 31 May 2022