MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez and Paola Becerril, Becerril, Coca & Becerril
12.2 Trade Mark and Copyright Use on the Internet The use of trade marks and copyrights on the internet is governed by the same rules as their use in physical spaces. However, recent amendments to the relevant regulations have introduced provisions for notice-and- takedown procedures, which establish a process to address alleged infringements. Additionally, with the incorporation of blockchain- related provisions in the FCL, service providers may be held liable if content hosted on their platforms infringes intellectual property rights and they fail to remove it following a notice-and-takedown request or a corresponding warning letter.
expected to be decided within approximately eight to ten months. These timeframes can vary depending on the complexity of each case and the workload of the authorities.
12. Additional Considerations 12.1 Emerging Issues
Regulations regarding artificial intelligence (AI) are still under discussion and development. However, there is an ongoing case where ChatGPT, through its legal representatives, filed a nullity appeal against a copy - right registration refusal issued by INDAUTOR, argu - ing that AI should not be denied moral rights. This case is still pending, and its outcome could be pivotal in determining the legal status of AI in terms of title ownership. It is important to note that the FCL currently only recognises natural persons as copy - right holders, particularly with regard to moral rights, meaning that AI does not have the legal capacity to hold these rights. We will have to wait to see how this issue is addressed as AI-related regulations continue to evolve.
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