Administrative Issues Regarding The Renewal Of 'Reservas' - Intellectual Property - Mondaq Mexico - Mondaq Business Briefing - Books and Journals - VLEX 241389958

Administrative Issues Regarding The Renewal Of 'Reservas'

Author:Mr Miguel Jiménez
Profession:Becerril Coca & Becerril
 
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In the Mexican Legal System there is a concept known as "Reserve of Rights" or "Reservas" for its translation into Spanish. Reservas exist in order to protect the exclusive use of a title or of elements included in the following intellectual property concepts: a) periodic publications; b) periodic broadcastings; c) human characterization, fictitious or symbolic characters; d) persons or groups engaged in artistic activities; and e) advertising promotions.

As a matter of introduction we could state that, in general, Reservas protect elements directly linked to a work of art (intellectual property in a strict sense) such as the psychological and physical elements of a character, a pseudonym, the name of a band, as well as others which are strictly linked to the cultural and intellectual properties of a creation or a work of art.

Reservas, once obtained, are intellectual property assets which have a limited time strain of enforcement depending on the element to be protected.

Periodic publications and broadcastings are valid for a year from their legal or filing date. Human characterization, fictitious or symbolic characters; persons or groups engaging in artistic activities; and advertising promotions are valid for a period of five (5) years from their legal or filing date.

The nature, purpose, and elements of protection of the "Reservas" are not the subject matter of this article. Instead, this brief study will deal with the administrative obstacles pertaining to their renewal.

Article 191 of the Mexican Federal Law of Copyrights states in general terms that the timeframes of protection granted by the Reserva certificates can be renewed by successive equal periods, with the exception of advertising promotions, which are not subject of renewal. Furthermore, the same article states thereafter that the renewal will be granted after its corresponding true/irrefutable proof of use, which must be dated within the validity period of the Reserva, has been filed along with the writ of renewal. This action can take place a month prior or a month after to the date of expiration of the validity of the Reserva.

Finally, the last paragraph of the legal disposition in review further mentions that The...

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