Industrial property law in Mexico has been changing in order to be updated with the international tendencies.
The process of integration in NAFTA (North American Free Trade Agreement) is one the international factors that have affected the law.
In 1903, the “Law of Industrial Trademarks and Commerce” included concepts of the international tendencies that had been unified by the Brussels Review (1900) and the Convention of Paris Union (1883).
The law of Industrial Property of 1943 was influenced by the London review of the Convention of Paris Union (1934).
[2] According to the Mexican law named “Ley de propiedad industrial” (issued in 1991 and thoroughly modified for NAFTA standards) the author, or person, who creates an invention, a utility model or an industrial design has the right to exclusively exploit it for his benefit by himself or by someone authorized by him.
Article 10 states that an invention is considered by law as “any human creation that allows for the transforming of matter or energy present in the natural environment, for human use, and to satisfy needs.” They have to be new or created as a result of an inventive activity, and applicable to industrial purposes.
The industrial drawings are a combination of figures, lines or colors that are added to a manufactured product, giving to it a characteristic aspect.
The industrial models are three-dimensional shapes that function as a standard for the manufacture of a product, giving to it a specific appearance, without technical effects.
[3] The validity time of a patent, a utility model or an industrial design is not extendible and is counted from the moment of the request.
However, the reforms made in 1994 for integration with NAFTA, allow the parts involved in a contract to resolve their conflicts through an arbitration court.
In the case of Mexico, the decisions could imply that the executive power revoke, with the approval of the senate, a law that has been issued by both chambers of representatives.