Critical analysis on the “Reservation of Rights” in Mexico

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We are pleased to present to you the paper that our partner Patricio Gonzalez Granados, in joint authorship with LL.M. Andrés Caso Álvarez, published in Volume 26, Tome III, of the academic journal “Intellectual Rights”, edited by the Interamerican Association of Intellectual Property (ASIPI).

The paper examines the sui generis –and unique in the world– Intellectual Property Right called ‘Reservation of Rights to the Exclusive Use’ found in Mexican law, which protects exclusivity rights over names of publications, broadcasts, artistic names, and characters. A very brief background is provided in Part II in order to give context on the origin and evolution of this figure. Part III places the foundations upon which the paper will elaborate by describing the legal notion of the Reservation of Rights to the Exclusive Use, its scope of protection, and the rules for obtaining, maintaining, and renewing such rights. Part IV contains the analysis and critical apparatus of the work, dissecting each of the concepts set forth in the law and reviewing its implications vis a vis the rights conferred by copyrights and trademarks. Part V synthesizes the findings of this work around two points: the justification of introducing a sui generis right to the Intellectual Property system, and the advantages or inconveniences of having purportedly overlapping protection of rights with this figure, on account of alternative forms of protection.

You can access the journal in which the paper was published here.