MEXICO Law and Practice Contributed by: Eduardo Kleinberg, Adolfo Athié, Claudio Ulloa and Juan Carlos Hernández, Basham, Ringe y Correa S.C.
infringers within Mexican territory. This is particularly relevant in trade mark disputes, where the absence of a Mexican registration may significantly limit enforce- ment options, even if the mark is protected abroad. In contrast, copyright protection is less dependent on local registration or use, as foreign works are gen- erally protected in Mexico under applicable interna- tional treaties, including the Berne Convention, pro- vided they meet the basic requirements of protection. In practice, this results in a relatively uniform level of protection for copyrighted works regardless of their country of origin.
In cross-border disputes, conflicts between national and international regimes are typically resolved by applying Mexican substantive IP law to acts occurring within Mexico, while taking into account applicable international treaty obligations. This ensures consist- ency with treaty commitments without displacing the territorial application of domestic law. Foreign judgments and arbitration awards may be rec- ognised and enforced in Mexico through exequatur proceedings before Mexican courts, subject to com- pliance with applicable procedural requirements and the absence of public policy conflicts.
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