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Mexican Intellectual Property Law
Industrial property law in Mexico has been changing in order to be updated with the international tendencies. The process of integration in NAFTA (North American Free Trade Agreement) is one the international factors that have affected the law. It has defined aspects of the current law, and especially its limitations in relation to foreign investments. The law is designed to protect inventions. Inventions are classified according to this law in patents, utility models and industrial designs. Each of them has different definitions and characteristics that the law explains. This article includes some background, legal definitions and effects of the law. Background The oldest Mexican legal instrument directly related to industrial property is the “Law on property rights for inventors” which dates from 1832. It gave protection to certain types of ideas and inventions. It had a strong influence from Spanish law. In 1889, during the presidency of Porfirio Díaz, this law was replaced b ...
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North American Free Trade Agreement
The North American Free Trade Agreement (, TLCAN; , ALÉNA), referred to colloquially in the Anglosphere as NAFTA, ( ) was an agreement signed by Canada, Mexico, and the United States that created a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement between the United States and Canada. The NAFTA trade bloc formed one of the largest trade blocs in the world by gross domestic product. The impetus for a North American free trade zone began with U.S. president Ronald Reagan, who made the idea part of his Ronald Reagan presidential campaign, 1980, 1980 presidential campaign. After the signing of the Canada–United States Free Trade Agreement in 1988, the administrations of U.S. president George H. W. Bush, Mexican president Carlos Salinas de Gortari, and Canadian prime minister Brian Mulroney agreed to negotiate what became NAFTA. Each submitted the agreement for ratificatio ...
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Agreement Of Cartagena
Agreement may refer to: Agreements between people and organizations * Gentlemen's agreement, not enforceable by law * Trade agreement, between countries * Consensus (other), a decision-making process * Contract, enforceable in a court of law ** Meeting of the minds (a.k.a. mutual agreement), a common understanding in the formation of a contract * Pact, convention, or treaty between nations, sub-national entities, organizations, corporations Arts and media *''Agreement'', a 1978 book of poetry by Peter Seaton * ''Agreement'' (film), a 1980 Bollywood film Science and mathematics * Agreement (linguistics) or ''concord'', a change in the form of a word depending on grammatical features of another word * Consistency, logical agreement between two or more propositions * Reliability (statistics) in the sense of, for example, inter-rater agreement Other uses * Agreement (political party), a Polish political party * Operation Agreement, a British 1942 military operation during ...
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Law Of Mexico
The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition. Sources The hierarchy of sources of law can be viewed as the Constitution, legislation, regulations, and then custom. Alternatively, the hierarchy can be viewed as the Constitution, treaties, statutes, codes, doctrine, custom, and then general principles of law. Federal Constitution The Constitution of Mexico is the fundamental law (). Legislation Congress creates legislation in the form of regulatory laws () that implement the Constitution, organic acts () that implement the organization, powers, and functions of governmental agencies, and ordinary laws (). They are published in the Official Journal of the Federation (, DOF). Regulations The President of Mexico creates regulations () for the purpose of interpreting, clarifying, expanding or supplementing the language of legislative enactments. They are published in the Official Journal of the Federation (, DOF). Case law Mexico ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's List of national legal systems, legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouragin ...
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Expropriation
Nationalization (nationalisation in British English) is the process of transforming privately owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization contrasts with privatization and with demutualization. When previously nationalized assets are privatized and subsequently returned to public ownership at a later stage, they are said to have undergone renationalization (or deprivatization). Industries often subject to nationalization include telecommunications, electric power, fossil fuels, railways, airlines, iron ore, media, postal services, banks, and water (sometimes called the commanding heights of the economy), and in many jurisdictions such entities have no history of private ownership. Nationalization may occur with or without financial compensation to the former owners. Nationalization is distinguished from property redistribution in that the government retains control of nationalized prope ...
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Judicial System
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and ...
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Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a Court order, ruling in the Case law, case based on their Judicial interpretation, interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ult ...
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Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions, targeting indirect behaviors, authorizing agency ...
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Patent Right
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mu ...
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Corporation
A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as "born out of statute"; a legal person in a legal context) and recognized as such in Corporate law, law for certain purposes. Early incorporated entities were established by charter (i.e., by an ''ad hoc'' act granted by a monarch or passed by a parliament or legislature). Most jurisdictions now allow the creation of new corporations through List of company registers, registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: whether they can issue share capital, stock, or whether they are formed to make a profit (accounting), profit. Depending on the number of owners, a corporation can be classified as ''aggregate'' (the subject of this articl ...
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North America
North America is a continent in the Northern Hemisphere, Northern and Western Hemisphere, Western hemispheres. North America is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and the Caribbean Sea, and to the south and west by the Pacific Ocean. The region includes Middle America (Americas), Middle America (comprising the Caribbean, Central America, and Mexico) and Northern America. North America covers an area of about , representing approximately 16.5% of Earth's land area and 4.8% of its total surface area. It is the third-largest continent by size after Asia and Africa, and the list of continents and continental subregions by population, fourth-largest continent by population after Asia, Africa, and Europe. , North America's population was estimated as over 592 million people in list of sovereign states and dependent territories in North America, 23 independent states, or about 7.5% of the world's popula ...
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