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Read the guideIntellectual Property in Mexico: The Complete Guide for Businesses and Creators
Intellectual property is the set of legal rights that protect creations of the mind, from trademarks and patents to copyrights and appellations of origin. In Mexico, it is managed primarily by IMPI (the Mexican Institute of Industrial Property) and INDAUTOR (the National Copyright Institute), the two key institutions for any company looking to protect its intangible assets.
At AURAMIP®, our firm specialized in intellectual property advises Mexican and international companies at every stage of the protection lifecycle: from clearance searches and initial registration to defense against infringement and license management. This guide brings together the key concepts every company should know before deciding how to protect its intellectual assets.
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Frequently Asked Questions
What is the difference between intellectual property and industrial property?
Intellectual property is the broad term covering all creations of the mind. Industrial property is a specific branch covering inventions (patents), trademarks, industrial designs and trade secrets, the rights with direct commercial application. Copyright is also part of intellectual property, but it is governed by a separate law (the Federal Copyright Law).
Who regulates intellectual property in Mexico?
IMPI manages trademarks, patents, industrial designs and appellations of origin. INDAUTOR manages copyright. Internationally, WIPO (the World Intellectual Property Organization) coordinates the treaties Mexico has ratified, including the Madrid Protocol for trademarks and the PCT for patents.
Is it mandatory to register my trademark or invention?
It is not legally mandatory, but without registration your protection is very limited. A registered trademark grants exclusive rights throughout the national territory and enables legal action against infringers. A granted patent provides 20 years of exclusivity over the invention. Without registration, third parties can register your trademark before you do and demand that you stop using it.
How long does trademark registration take at IMPI?
The complete process takes between 6 and 9 months if there are no objections. It includes: clearance search, filing of the application, formal examination, publication in the Industrial Property Gazette and substantive examination. AURAMIP manages every stage and responds to IMPI office actions within the legal deadlines.
Do I need a specialized lawyer to register intellectual property?
Legally, you can file on your own. In practice, a specialized firm avoids costly mistakes: incorrectly selected Nice classes, undetected conflicts with earlier trademarks, poorly drafted technical claims that limit the scope of a patent. The difference between an approved filing and a rejected one usually comes down to these details.
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