MEXICO Law and Practice Contributed by: Ricardo García Giorgana, Carlos Chavez Alanis and Xavier Careaga Franco, Galicia Abogados
upon notification. As digital technologies evolve, Mexico’s legal framework must adapt to address emerging issues in virtual environments and digi - tal assets. Trade Mark Law: Applicability to Digital Goods and Services Trade Mark laws in Mexico, governed by the LFP - PI, apply to virtual goods and services in much the same way they do to physical goods and ser - vices, with some additional considerations for the digital realm. Protection extends to virtual assets such as in-game items, NFTs, and digital services and can also apply to virtual services, such as brand experiences in the metaverse, online gam - ing, or virtual event hosting, allowing creators and businesses to protect their brands and prevent infringement. The Nice Classification system is used to categorise goods and services for trade mark purposes. Virtual goods (like in-game items, NFTs, or digital products) would likely fall under classes for goods related to software, electron - ics, or entertainment, while virtual services could fall under services like entertainment, education, or technology-related services. Enforcement is supported by digital platforms and online mech - anisms, which help in combating counterfeiting and unauthorised use. As virtual worlds like the metaverse continue to grow, trade mark law will play an increasingly important role in securing brands’ rights in these new digital spaces. User-Generated Content and Intellectual Property UGC raises complex issues of IP ownership. Platforms hosting UGC, such as social media platforms, video-sharing sites and virtual worlds, typically operate under licensing models defined in their terms of service (ToS). These agreements often grant platforms rights to use, distribute or modify uploaded content, while users retain under - lying copyright. In some cases, users may assign
or licence additional rights to platforms, such as the ability to display, share or monetise their con - tent. For paid or contracted creators (eg, influenc - ers or freelance artists), platforms or employers may claim ownership of UGC under work-for-hire provisions or contractual agreements, transferring IP rights to the commissioning entity. Platforms hosting UGC face liability for infringing content unless they comply with safe harbour provisions. Mexico’s copyright laws, aligned with USMCA standards, include mechanisms similar to the Digital Millennium Copyright Act (DMCA). These allow copyright owners to notify platforms of infringement, requiring platforms to remove or disable access to unauthorised content. Such processes are essential for balancing IP protec - tion and platform responsibilities. The interplay between UGC and IP rights in Mexico involves ownership, licensing, moral rights and infringement risks. While users retain copyright, they often grant platforms significant rights, potentially limiting their control over their creations. Unauthorised use of third-party mate - rials adds further complexity, requiring careful adherence to licensing agreements, fair use standards and protection of moral rights. Both creators and platforms must navigate these issues to ensure proper management and com - pliance in the UGC ecosystem. 10. Social Media 10.1 Laws and Regulations for Social Media Mexico does not have a single, comprehen - sive law specifically regulating social media. Instead, various existing laws and regulations touch upon different aspects of online activity, including social media use. This creates a frag -
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