MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
ever, in general, the following requirements are meant to be met and expressed within the filing of the application for registration of a copyright: • the author’s name; • their nationality; • their date of birth; • their place of birth; • their gender; • their domicile; • their tax ID; • the co-authors and their percentage of par - ticipation, if any; • the name of the economic rights title holder; • the percentage of their participation; • the name of the work; • a synthesis of the work; • the type of work; • confirmation of whether the work has been communicated; • the date of any such communication; • whether the work is derivative; • two specimens of the work; and • if the economic rights title holder is an entity, evidence its existence. Filing Fees The official fees for the recordal of works is about USD20. The official fee for reservation of rights ranges from USD100 to USD300, depending on the type of reservation. 3.9 Refusal of Registration The INDAUTOR may refuse copyright registra - tion on absolute grounds if it is an attempt to register the following: • isolated ideas, formulas, solutions, concepts, methods, systems, principles, discoveries, processes and inventions;
• industrial or commercial use of the ideas con - tained in the work; • schemes, plans or rules for performing mental acts, games or business; • letters, digits or isolated colours; • isolated names, titles or phrases; • simple formats in blank for their filing • legislative, judicial and/or administrative texts, as well as their official translations; • informative contents of news; and/or • common use information such as sayings, legends, proverbs, facts, calendars and met - ric scales. The aforementioned categories are expressly mentioned by the FCL as not copyrightable. Appeal A copyright registration refusal can be appealed through one of the following instances: • Review recourse: An optional remedy that must be filed before INDAUTOR. It will be resolved by the hierarchical superior of the government official who issued the refusal. This recourse must be submitted within 15 working days from the date the refusal was served. • Nullity appeal: This must be filed before the Specialised Chamber for Intellectual Property Matters of the Federal Court of Administrative Affairs (FCAA). It must be submitted within 30 working days from the date the refusal was served. Additionally, the nullity appeal can be filed against the decision issued in the review recourse, if the latter was chosen. • Amparo appeal: The decision issued by the FCAA can be challenged through an Amparo appeal filed before the Federal Circuit Courts (FCC). This remedy must be submitted within 15 working days from the date the FCAA’s decision was served. The ruling issued in this
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