An extract from The Technology Disputes Law Review, 1st Edition

Overview

In Mexico, disputes involving technological assets tend mainly to concern the unauthorised manufacture, use and sale of software and inventions. Unfortunately, Mexico is a country that faces a serious piracy problem, of both national and foreign origin (mainly Chinese).

However, when it comes to technological products or processes, the means for committing infringing conduct require greater sophistication. Such conduct requires not only access to third parties' intellectual property (IP) assets that have been safeguarded, or disclosed on the understanding that they would not be used or exploited without the owner's authorisation, but also the means to ensure that there is no evidence to track the unauthorised use.

For this reason, both national and international authorities and holders of these rights have recognised the necessity of implementing measures and procedures that make right protection viable and accessible. As a result, different legal provisions and solutions have been adopted to modernise regulation of this field in Mexico, as will be described in further detail in this chapter.