Doing Business In (Insert Country Name Here) - Department of ...
Doing Business In (Insert Country Name Here) - Department of ... Doing Business In (Insert Country Name Here) - Department of ...
to create a solid contract that includes non-compete clauses and confidentiality/nondisclosureprovisions.It is also recommended that small and medium-size companies understand theimportance of working together with trade associations and organizations to supportefforts to protect IPR and stop counterfeiting. There are a number of theseorganizations, both Mexico or U.S.-based. These include:- The U.S. Chamber and the American Chamber of Commerce in Mexico- National Association of Manufacturers (NAM)- International Intellectual Property Alliance (IIPA)- International Trademark Association (INTA)- The Coalition Against Counterfeiting and Piracy- International Anti-Counterfeiting Coalition (IACC)- Pharmaceutical Research and Manufacturers of America (PhRMA)- Biotechnology Industry Organization (BIO)- Institute for the Protection of Intellectual Property and Legal Commerce (IPPIC)- Mexican Association of Research Pharmaceutical Industries (AMIIF)- Mexican Association of Phonogram Producers (AMPROFON)IPR ResourcesA wealth of information on protecting IPR is freely available to U.S. rights holders.Some excellent resources for companies regarding intellectual property include thefollowing:- For information about patent, trademark, or copyright issues -- includingenforcement issues in the U.S. and other countries -- call the STOP! Hotline: 1-866-999-HALT or register at www.StopFakes.gov.- For more information about registering trademarks and patents (both in the U.S.as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO)at: 1-800-786-9199.- For more information about registering for copyright protection in the US, contactthe U.S. Copyright Office at: 1-202-707-5959.- For information on obtaining and enforcing intellectual property rights and marketspecificIP Toolkits visit: www.StopFakes.gov This site is linked to the USPTO websitefor registering trademarks and patents (both in the U.S. as well as in foreign countries),the U.S. Customs & Border Protection website to record registered trademarks andcopyrighted works (to assist customs in blocking imports of IPR-infringing products) andallows you to register for Webinars on protecting IPR.- The U.S. Commerce Department has positioned IP attachés in key marketsaround the world. To contact the official IP Attaché who covers Mexico, please email:dorian.mazurkevich@mail.doc.gov . The Commercial Specialist covering these issuesmay be reached at: Jesus.Gonzalez@mail.doc.gov.IPR Climate in MexicoMexico continues to suffer from rampant commercial piracy and counterfeiting. TheCalderon Administration has committed to strengthening protection of IPR, and therelevant federal agencies are working in a more integrated and aggressive manner, bothamong themselves and with a number of state and municipal governments.Nonetheless, a number of barriers to effective enforcement remain, including legislativeloopholes, an unwieldy judicial system, and widespread public acceptance of illicit
commerce. Mexico is working closely with the U.S. government and other partners toaddress these and other areas of mutual concern.Two different laws provide the core legal basis for protection of intellectual propertyrights (IPR) in Mexico -- the Industrial Property Law (Ley de Propiedad Industrial) andthe Federal Copyright Law (Ley Federal del Derecho de Autor). Multiple federalagencies are responsible for various aspects of IPR protection in Mexico. The Office ofthe Attorney General (Procuraduría General de la Republica, or PGR) has a specializedunit that pursues criminal IPR investigations. The Mexican Institute of Industrial Property(Instituto Mexicano de la Propiedad Industrial, or IMPI) administers Mexico’s trademarkand patent registries and is responsible for handling administrative cases of IPRinfringement. The National Institute of Author Rights (Instituto Nacional del Derecho deAutor) administers Mexico’s copyright register and also provides legal advice andmediation services to copyright owners who believe their rights have been infringed.Mexico Customs Service (Aduana México) plays a key role in ensuring that illegal goodsdo not cross Mexico’s borders.Mexico is a signatory of at least fifteen international treaties, including the ParisConvention for the Protection of Industrial Property, NAFTA, and the WTO Agreementon Trade-related Aspects of Intellectual Property Rights. Although Mexico signed thePatent Cooperation Treaty in Geneva, Switzerland in 1994, which allows for simplifiedpatent registration procedure when applying for patents in more than one country at thesame time, it is necessary to register any patent or trademark in Mexico in order to claiman exclusive right to any given product. A prior registration in the United States does notguarantee its exclusivity and proper use in Mexico, but serves merely as support for theauthenticity of any claim you might make, should you take legal action in Mexico.An English-language overview of Mexico's IPR regime can be found on the WIPOwebsite at: http://www.wipo.int/about-ip/en/ipworldwide/pdf/mx.pdf.Although a firm or individual may apply directly, most foreign firms hire local law firmsspecializing in intellectual property. The U.S. Embassy’s Commercial Section maintainsa list of such law firms in Mexico at:http://mexico.usembassy.gov/sacs_legal_info.htmlhttp://www.buyusa.gov/mexico/en/business_service_providers.htmlDue DiligenceReturn to topU.S. firms are strongly advised to conduct due diligence on a Mexican firm or individualbefore entering in any type of agreement. In Mexico’s larger cities, it is possible to find alocal consulting or law firm that can find information on a firm or individual. Also, localchambers and associations can assist U.S. firms in locating economic reports on aparticular firm.There are only a few private firms that conduct due diligence countrywide. U.S. firmsshould know that the U.S. Commercial Service has a service called InternationalCompany Profile (ICP) that can be ordered from our domestic U.S. Export AssistanceCenters or our offices in Tijuana, Monterrey, Guadalajara, and Mexico City. The ICP is areport in English that includes financial and commercial information on a Mexican firm.
- Page 1: Doing Business in Mexico: 2010 Coun
- Page 4 and 5: Return to table of contentsChapter
- Page 6 and 7: Before signing an agent/distributor
- Page 8 and 9: In order to satisfy clients’ dema
- Page 10 and 11: egardless of their geographic proxi
- Page 12 and 13: The following companies organize tr
- Page 17 and 18: Web ResourcesReturn to topU.S. Gove
- Page 19 and 20: AgribusinessOverviewReturn to top20
- Page 21 and 22: Automotive Parts and SuppliesOvervi
- Page 23 and 24: ResourcesState of Jalisco Auto-part
- Page 25 and 26: • Corporate training programs in
- Page 27 and 28: excluding large hydroelectric proje
- Page 29 and 30: Environmental SectorOverviewReturn
- Page 31 and 32: Franchising SectorOverviewReturn to
- Page 33 and 34: Hotel and Restaurant EquipmentOverv
- Page 35 and 36: Housing and Construction ServicesOv
- Page 37 and 38: Internet and IT ServicesOverviewRet
- Page 39 and 40: Packaging EquipmentOverviewReturn t
- Page 41 and 42: With this boom in the packaging sec
- Page 43 and 44: • Integrated security solution(co
- Page 45 and 46: CATV: Today 30% of homes have pay-T
- Page 47 and 48: and expanding facilities and servic
- Page 49 and 50: destinations are typically not popu
- Page 51 and 52: The United States’ major agricult
- Page 53 and 54: 5.- Fresh Fruit (apples, pears, gra
- Page 55 and 56: ResourcesReturn to topThe USDA’s
- Page 57 and 58: order region and 16 percent for pro
- Page 59 and 60: U.S. Export ControlsReturn to topMe
- Page 61 and 62: and organs, almost all medical prod
- Page 63 and 64: Organizations that develop NMX - Me
to create a solid contract that includes non-compete clauses and confidentiality/nondisclosureprovisions.It is also recommended that small and medium-size companies understand theimportance <strong>of</strong> working together with trade associations and organizations to supportefforts to protect IPR and stop counterfeiting. There are a number <strong>of</strong> theseorganizations, both Mexico or U.S.-based. These include:- The U.S. Chamber and the American Chamber <strong>of</strong> Commerce in Mexico- National Association <strong>of</strong> Manufacturers (NAM)- <strong>In</strong>ternational <strong>In</strong>tellectual Property Alliance (IIPA)- <strong>In</strong>ternational Trademark Association (INTA)- The Coalition Against Counterfeiting and Piracy- <strong>In</strong>ternational Anti-Counterfeiting Coalition (IACC)- Pharmaceutical Research and Manufacturers <strong>of</strong> America (PhRMA)- Biotechnology <strong>In</strong>dustry Organization (BIO)- <strong>In</strong>stitute for the Protection <strong>of</strong> <strong>In</strong>tellectual Property and Legal Commerce (IPPIC)- Mexican Association <strong>of</strong> Research Pharmaceutical <strong>In</strong>dustries (AMIIF)- Mexican Association <strong>of</strong> Phonogram Producers (AMPROFON)IPR ResourcesA wealth <strong>of</strong> information on protecting IPR is freely available to U.S. rights holders.Some excellent resources for companies regarding intellectual property include thefollowing:- For information about patent, trademark, or copyright issues -- includingenforcement issues in the U.S. and other countries -- call the STOP! Hotline: 1-866-999-HALT or register at www.StopFakes.gov.- For more information about registering trademarks and patents (both in the U.S.as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO)at: 1-800-786-9199.- For more information about registering for copyright protection in the US, contactthe U.S. Copyright Office at: 1-202-707-5959.- For information on obtaining and enforcing intellectual property rights and marketspecificIP Toolkits visit: www.StopFakes.gov This site is linked to the USPTO websitefor registering trademarks and patents (both in the U.S. as well as in foreign countries),the U.S. Customs & Border Protection website to record registered trademarks andcopyrighted works (to assist customs in blocking imports <strong>of</strong> IPR-infringing products) andallows you to register for Webinars on protecting IPR.- The U.S. Commerce <strong>Department</strong> has positioned IP attachés in key marketsaround the world. To contact the <strong>of</strong>ficial IP Attaché who covers Mexico, please email:dorian.mazurkevich@mail.doc.gov . The Commercial Specialist covering these issuesmay be reached at: Jesus.Gonzalez@mail.doc.gov.IPR Climate in MexicoMexico continues to suffer from rampant commercial piracy and counterfeiting. TheCalderon Administration has committed to strengthening protection <strong>of</strong> IPR, and therelevant federal agencies are working in a more integrated and aggressive manner, bothamong themselves and with a number <strong>of</strong> state and municipal governments.Nonetheless, a number <strong>of</strong> barriers to effective enforcement remain, including legislativeloopholes, an unwieldy judicial system, and widespread public acceptance <strong>of</strong> illicit
Change language