MEXICO Law and Practice Contributed by: Héctor Kuri, Ricardo García, Lisandro Herrera and Xavier Careaga, Galicia Abogados, S.C.
ten years from the date of grant, and is renewable for equal periods. Registration is crucial for enforce - ment, as trade mark infringement actions can only be brought by holders or authorised licensees. Certain names and concepts cannot be registered as trade marks under the LFPPI, including: three-dimen - sional shapes that are public property; isolated letters, digits, or colours; official symbols or emblems; geo - graphical names; names, pseudonyms, signatures, and portraits without consent; titles of intellectual works without authorisation; and identical or con - fusingly similar marks to previously registered trade marks. Trade marks may be filed and granted without prior use; however, owners must file a declaration of use on the third anniversary of grant, and failure results in automatic (ipso iure) cancellation. Additionally, if a trade mark is not used for three consecutive years, it becomes subject to cancellation unless circumstanc - es beyond the owner’s control prevented use. Notable sports-related trade mark registrations include club names and logos (Club América, Chivas de Guadalajara, Cruz Azul), league marks (Liga MX), event names, and athlete personal brands, typically The Federal Copyright Law (LFDA) governs the National Copyright Institute ( Instituto Nacional del Derecho de Autor or INDAUTOR). The LFDA grants authors “moral” (inalienable, perpetual, and inherit - able) and “patrimonial” rights (exclusive exploita - tion rights, transferable, valid for 100 years after the author’s death). Original works are protected even without registration, though registration with INDAU - TOR grants legal certainty and shifts the burden of proving ownership. The basic requirements for copyright protection are fixation (incorporation in any form permitting percep - tion or reproduction), authorship (only individuals can be granted copyright; legal entities may only hold pat - rimonial rights), and originality. Computer software is protected as equivalent to literary works under the LFDA. registered across multiple classes. 5.2 Copyright/Database Rights
Mexican law does not recognise a general “fair use” doctrine, but the LFDA provides specific statutory limitations for news reporting, quotation, criticism, research, and educational activities. Only databases constituting intellectual creations through their selec - tion and arrangement are protected as compilations; non-original databases enjoy exclusivity rights for only five years. In sports, copyright issues arise regarding broadcast footage, match highlights, event photography, and sports video games. Databases of player statistics may qualify for protection as compilations where selection and arrangement demonstrate originality. 5.3 Recognising Personality/Image Rights Mexican law recognises image rights through statute, primarily under the LFDA and LFPPI. Under the LFDA, using or publishing a person’s portrait requires their express consent. Consent is not necessary when the person is a minor part of a group or photographed in a public place for journalistic purposes. Image rights last 50 years after the portrayed person’s death. Unauthorised use of a person’s image for commercial profit constitutes an administrative infringement under the LFDA, which may result in fines and damages claims. From a trade mark perspective, the LFPPI pro - hibits registration of a person’s name, image, voice, portrait, or signature as a trade mark if the person has prestige or recognition that could create confusion, unless consent is obtained. In sports, these provisions are relevant to commercial exploitation of athlete names, images, and likeness - es. Athletes typically grant consent through licens - ing agreements specifying permitted uses, territorial scope, and duration. 5.4 Protecting Personality/Image Rights Since Mexico is a civil law jurisdiction, protection of athlete’s personality and image rights derives from statutory frameworks and general civil liability princi - ples. Image rights are recognised as personality rights ( derechos de la personalidad ) protected under federal and local civil codes. Under the LFDA, commercial use of a person’s image requires prior consent, and
211 CHAMBERS.COM
Powered by FlippingBook