In Mexico, the first case of COVID-19 appeared on February 27, 2020.  Since that time, its transmission through community spread has grown exponentially.  If the virus continues to spread at the current rate, the available medical facilities in Mexico will be stressed and eventually overloaded with critical patients.

Considering that the risk of community spread of COVID-19 through person-to-person contact is magnified when people congregate together, the Mexican government, like many of its global counterparts, implemented measures in order to protect, preserve, and promote the general health, safety, and welfare of the people in Mexico.

Continue Reading Measures Taken by the Mexican Federal Government to Protect, Preserve, and Promote the General Health, Safety, and Welfare of the People in Mexico

Best Practices in View of COVID-19 Deadline Extensions

Current as of April 6, 2020

In response to the COVID-19 crisis, intellectual property (IP) offices around the world are taking steps to address the impact that stay-at-home orders may have on IP practitioners and their own operations. Such measures include extensions to deadlines related to the prosecution of patents, trademarks, and copyrights. In the United States, however, these extensions apply only to certain deadlines, and only to those persons materially affected by the COVID-19 outbreak.

This legal update describes temporary relief at the United States Patent and Trademark Office (USPTO) and the IP offices of several foreign jurisdictions, highlighting notable extensions—and the lack thereof—that could potentially affect the registration of patents, trademarks, and copyrights. This update also presents best practices for protecting and maintaining one’s registered IP rights during the outbreak.

Continue Reading Impact of COVID-19 in Intellectual Property

Leer en español a continuación.

In the wake of the COVID-19 pandemic, in-person meetings and human interactions in closed spaces have become prohibitive in the global environment. As it is customary in Mexico to hold a meeting with the parties in a conference room, the new reality impacts usual procedures for closing transactions.

Electronic signatures and “wet” signatures (under the below mechanics) are two possible solutions when in-person meetings are not possible.

Electronic Signature (e-signature)

Under Mexican law, parties can grant consent verbally, by written form, by electronic means, by optical means or through other technology, among other forms.[1] All of these means for granting consent have the same legal effects to a ”wet” signature.[2] Some types of agreements require certain additional formalities to be enforceable, such as notarization, but most agreements do not require additional formalities to be valid as long as there is consent. Commercial transactions which require by law that the formality of agreements be executed through a “wet” signature, the Commerce Code permits the use of electronic means, identified as data messages and e-signatures in the Commerce Code.

Continue Reading Mexico: Signing Procedure for Closing Transactions