Mexico: Examining the droit moral of integrity

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Examining the droit moral of integrity

Sponsored by

olivares-400px.jpg

In Mexico, droit moral is attached to the author and is inalienable, does not expire, cannot be waived and cannot be encumbered. The author and his/her heirs can enforce this right.

Even though the right is inalienable, this does not mean that it cannot be exercised. Therefore, droit moral can play an important part in transactional copyright matters.

As an example, the patrimonial right of transformation is closely related to the droit moral of integrity. The droit moral of integrity could be used as an argument against the transformation of a work, even if it is done with permission. However, transformation of a work is allowed through the assignment or licence of the corresponding patrimonial right and it should be done, without facing the risk of an opposition based on the droit moral of integrity.

Therefore, the droit moral of integrity can and should be part of drafting agreements of such a nature, regarding its exercise, the assignee or licensee can have legal certainty within the framework of the agreement.

The droit moral of integrity, cannot be waived, but it can be legally used by the author and like any other right it must be enforced with responsibility. The fact that a droit moral may be legally part of an agreement does not imply a waiver or assignment, but neither should be a mechanism that enables the author to act against the exercise of free will.

An agreement that has the patrimonial right of transformation as a subject matter must address the exercise of the droit moral of integrity expressed as an assertion under the principle of good faith, in relation to the doctrine of estoppel.

Droit moral should not prevent the lawful acquisition and enforcement of patrimonial rights.

llanes.jpg

Mauricio Llanes


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

Florina Firaru discusses making new connections, the art of flower arranging, and the biggest misconception about IP
The firm, which appointed three IP partners from A&O Shearman, wants to develop a tier one practice in Europe
The England and Wales appeals court handed down its judgment just seven working days after hearing the trademark dispute involving pharma company Merck
A host of law firms from across Europe and beyond helped bring the streaming technology dispute to a close
Hugues Derème, director general of the Benelux IP Office, unveils his vision for the region, how to improve IP awareness, and use of AI
A copyright win for AI firm Anthropic and a new executive order against law firm Jenner & Block were also among the top talking points this week
A principal at Schwegman Lundberg & Woessner explains how AI tools, including DeepIP, can position the firm to help clients
The firm explains why AI-empowered data analytics could make it a more efficient advocate for its clients
Penelope Aspinall, of IP wellbeing charity Jonathan’s Voice, explains why managers should take a three-tiered approach to looking after workers’ mental health
Heath Hoglund talks about the value proposition of patent pools and why it went ahead with its first-ever series of pool meetings in China
Gift this article