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Becerril, Coca & Becerril (BC&B) is an international law firm specialized in legal and business consultancy. With more than fifty years of experience…
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Becerril Coca & Becerril SC | Mexico | 19 Aug 2021

Arbitration tribunals in Mexico: what parties need to know

This article outlines the key features of the arbitration process in Mexico, including identification of the major arbitration institutions, changes to the constitutional right to dispute resolution and the benefits of this dispute resolution mechanism in Mexico which have seen its popularity grow exponentially therein.
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Becerril Coca & Becerril SC | Mexico | 2 Aug 2021

Divisional applications in Mexico in view of new IP law

The Federal Law for the Protection of Industrial Property applies to patent applications filed in Mexico from 5 November 2020. If a patent application was filed before this date, the former Industrial Property Law (IPL) applies until the patent is granted. However, what happens to divisional applications filed after 5 November 2020 when the parent application was filed under the IPL?
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Becerril Coca & Becerril SC | Global | 3 Jun 2021

Third-party funding – how useful is it in practice?

Third-party funding is a relatively new solution which can help parties to engage in costly international arbitration proceedings. However, there are concerns surrounding third-party funding and there is a level of risk involved. Therefore, while third-party funding is a useful way for most parties to access arbitration and front the associated costs, the process must be subject to specific......
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Becerril Coca & Becerril SC | Mexico | 31 May 2021

Assignment of patent rights

A patent assignment represents a total and permanent transfer of the patent from its owner (the 'assignor') to another party (the 'assignee'). Patent rights not only enable businesses to protect their innovations and gain an advantage over their competitors, but also create value as important assets, which in some cases may function as the basis of a decision on selling or acquiring a company......
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Becerril Coca & Becerril SC | Mexico | 29 Mar 2021

Trade secrets: changes to federal law on IP protection

The Federal Law for the Protection of Industrial Property, which recently entered into force, makes changes to the existing law on matters such as inventions, trademarks, opposition issues, invalidation and infringement actions, counterfeit issues and trade secrets. This article discusses the most important changes concerning trade secrets.
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Becerril Coca & Becerril SC | European Union, Mexico | 4 Mar 2021

Amendments to EU-Mexico Trade Agreement and investment arbitration

Mexico and the European Union have agreed to update the EU-Mexico Free Trade Agreement, which aims to improve, among other things, the settlement of investment disputes. Two fundamental proposed amendments are the introduction of two-stage arbitration and the creation of a permanent court of arbitration to resolve investment disputes.
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Becerril Coca & Becerril SC | Mexico | 21 Dec 2020

Double patenting objection is officially introduced into Mexican patent system

The Federal Law of Protection for Industrial Property recently came into force and introduced provisions explicitly concerning double patenting for the first time in Mexico. Issuing double patenting objections is a common practice for the Mexican Institute of Industrial Property, when examiners consider that the invention to be protected in a divisional application is already covered or......
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Becerril Coca & Becerril SC | Mexico | 10 Dec 2020

When can an arbitration tribunal's competence be challenged?

By signing an arbitration clause, the parties to the arbitration agreement freely and voluntarily grant an arbitrator or arbitration tribunal full and sufficient competence to resolve conflicts that might arise between said parties due to the execution of a commercial contract. The parties' choice of arbitrator is crucial because the validity and soundness of the final arbitration resolution......
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Becerril Coca & Becerril SC | Mexico | 26 Oct 2020

Evolution and current status of e-filing for patent applications

The COVID-19 pandemic has evidenced the need for an efficient and safe system for the electronic prosecution of patent applications and has forced the Mexican Institute of Industrial Property to make such a system available for applications originally filed in paper format. However, as this article shows, the path to this outcome has not been straightforward.
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Becerril Coca & Becerril SC | Mexico | 17 Sep 2020

Tribunal dismisses all of investor's claims under NAFTA and orders him to pay more than $2 million in costs

In 2016 Joshua Dean Nelson commenced arbitration against Mexico on behalf of Telefacil México, SA de CV and himself under the North American Free Trade Agreement (NAFTA). According to Nelson, the Federal Telecommunications Institute had prevented him from participating in the telecoms market by issuing measures that he alleged violated Chapter 11 of NAFTA. However, the tribunal recently......
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