MEXICO Law and Practice Contributed by: Victor Adames, Carlos Hernandez, Paola Becerril and Eduardo Saldaña, BC&B Law & Business
the author, translator, compiler, adapter or arranger; • publishing a work, when authorised to do so, in a way that harms the reputation of the author as such and, if applicable, the transla - tor, compiler, arranger, or adapter; • publishing a work, before the Federation, states, or municipalities and without authori - sation, of works made in the official service; • deliberately using a title in a work that causes confusion with another published earlier; and • fixing, representing, publishing, communicat - ing, or using, in any form, a literary or artistic work, protected under the FCL, without men - tioning the community or ethnic group, or if applicable, the region of the Mexican Repub - lic from which it originates. Actions that would lead to commercial copyright infringement include: • communicating, making available or using publicly a work protected by any means, and in any form, without the prior and express authorisation of the author, their legitimate heirs, or the holder of the economic rights; • using the image of a person without their authorisation or that of their heirs; • fixing, recording, producing, reproducing, storing, distributing, communicating, making available, transporting or marketing cop - ies of works, cinematographic works and other audiovisual works, phonograms, vide - ograms or books, protected by copyright or related rights, without the authorisation of the respective holders as provided by the FCL; • offering for sale, storing, transporting, or circulating works protected by the FCL that have been altered, modified or mutilated with - out the authorisation of the copyright holder; • importing, selling, leasing or performing any act that leads to the possession of a device
or system whose purpose is to deactivate the electronic protection devices of a computer program; • retransmitting, fixing, reproducing and broad - casting to the public emissions of broadcast - ing organisations without the proper authori - sation; • using, reproducing, or exploiting a reserved right or a computer program without the con - sent of the holder; • using or exploiting a name, title, designation, physical or psychological characteristics, or any operational features in such a way that induces error or confusion with a reserved protected right; and • using any artistic or literary work against the provisions of the FCL. It is important to mention that to enforce an infringement action, the copyrights do not need to be registered, as the FCL clearly establishes that said works are protected since the moment of their fixation. The conduct described above constitutes infringement in Mexico; and therefore, all ele - ments therein presented must be proven to make a successful claim, along with other pro - cedural requirements such as the legal standing and the ownership of the affected IP right. The only law applicable to trade mark infringe - ment actions or any other action related to trade marks is the FLPIP. The only law applicable to copyright infringement actions is the FCL. How - ever, infringement conducts related to the man - agement of copyright information can be clas - sified as commercial infringement actions, such as the ones mentioned in Article 12 of the WIPO Copyright Treaty.
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