MEXICO Law and Practice Contributed by: Héctor Kuri, Ricardo García, Lisandro Herrera and Xavier Careaga, Galicia Abogados, S.C.
5.6 Assignment of IP Rights Applicants and holders of IP rights may assign and transfer their rights, wholly or in part, through assign - ment, merger, or swap contracts. Licence agreements allow holders to grant third parties the right to use such rights in exchange for royalties whilst retaining ownership. Mexican law imposes certain restrictions on assign - ment. Moral rights under copyright law are inalienable. Patrimonial rights assignments are capped at 15 years under the LFDA, after which rights revert to the author unless a new assignment is executed. Computer pro - gram assignments are not subject to time limitations. Trade mark rights and industrial designs may generally be assigned without time restrictions. Transfer or licence agreements must be recorded before IMPI and INDAUTOR to be enforceable against third parties. In sports, professional clubs and athletes routinely assign or license trade mark and image rights to commercial partners. 5.7 Data in Sport Sports data in Mexico is used across multiple con - texts, including spectator management, athlete per - formance analysis, and commercial exploitation. Pro - fessional teams and federations, particularly within Liga MX, have implemented biometric identification systems such as Fan ID to manage stadium access and enhance security, collecting sensitive personal data including biometric information. Clubs use wearable technology, GPS tracking, and optical systems to collect data on athlete movement, physical exertion, injury risk, and tactical positioning for training optimisation and player valuation. Broad - casters integrate real-time performance data into match coverage. Commercially, clubs license aggre - gated fan data to sponsors, performance data is used for player acquisitions, and sports data feeds fantasy sports platforms and betting markets. The collection and commercialisation of sports data is subject to the Federal Law on Protection of Personal Data Held by Private Parties ( Ley Federal de Protec- ción de Datos Personales en Posesión de los Par - ticulares or LFPDPPP). Data controllers must obtain
unauthorised use may give rise to civil actions for damages. The LFPPI prohibits acts creating confusion as to commercial origin, false associations, or conduct mis - leading consumers. Such conduct may constitute an infringement actionable before IMPI, potentially lead - ing to fines, injunctions, and product seizure. Athletes often strengthen protection by registering their names, nicknames, or personal logos as trade marks, provid - ing an independent enforcement mechanism. Whilst Mexico does not rely on common law doctrines such as passing off, similar protective outcomes are achieved through statutory unfair competition provi - sions, civil actions for unauthorised use of image, and trade mark enforcement mechanisms. 5.5 Licensing In Mexico, sports bodies, teams, and athletes exploit their intellectual property primarily through trade mark, copyright, industrial design, and image rights frame - works under the LFPPI and LFDA. Professional sports bodies and teams register their names, logos, emblems, mascots, and event names as trade marks before IMPI, and seek enhanced protection through reservations of rights filed with INDAUTOR. These assets are commercially exploited through licensing programmes, merchandising agree - ments, sponsorship arrangements, and event-related promotions. Trade mark licences may be recorded before IMPI to strengthen enforceability. Professional athletes commercialise their IP by reg - istering their names, nicknames, and personal logos as trade marks and licensing them for endorsements, apparel lines, and digital content. Athletes also mon - etise their image rights through sponsorship and endorsement agreements. Non-professional or college sports bodies operate under the same IP statutes but face different practi - cal constraints. Universities may register and license their team names and logos, though commercialisa - tion may be limited by internal governance rules.
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