Trademarks, Brands, Patents, Designs, Made in Italy, Copyrights, Competition Law, Contracts and Enforcement

10 giugno 2008

Counterfeiting in Mexico...

Diana Karina Martinez Rodriguez

Mexico has been catalogued as one of the top countries with counterfeiting issues. It is unnecessary to talk about implications and consequences that counterfeit activities cause to the society. Not only Mexico but all the countries must fight piracy from different fronts.

Modifying the existing laws should be a priority. In addition, it is necessary to be sensitive enough to learn from the experience of other countries.

Mexican Industrial Property Law establishes as major offenses falsifying trademarks intentionally. In contrast, legislation of other countries like the Spanish one broadens by including not only falsification of trademarks but products.

Every one of us has heard about people who buy bottles or recipients. They are refilled and sold as genuine at lower prices. In strict sense, no falsification of trademarks is being committed and therefore no criminal offense takes place.

Health Legislation contains a disposition that applies to anyone who adulterates, modifies, contaminates or allows the adulteration, modification or contamination of food, beverages or any other substance or product for human use or consume that puts in danger or risk health.

Of course, some of these products, even alcoholic beverages may have been adulterated but the formula does not imply any risk to the consumers. Consequently nothing can be done criminally against this type of counterfeiters as pirates find the way to move just by the edge.

The administrative remedy is still available but this cases need to be pursued criminally.

Law must be dynamic. Legislation must be adequate to a specific time and place. Pirates will keep trying to find the way to keep acting by the edge of law which give us no other alternative than shaping dispositions to order… just as Bodenhimer said …“the law only has the possibility to preserve through proves of flexibility and adaptability”.

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