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

The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Ericsson joining Avanci Video as a licensor and the EUIPO's plans for AI use were also among the top talking points this week
The 2025 EMEA ceremony, held at the Royal Lancaster Hotel in London, also recognised in-house practitioners and rising stars
Leaders at Malaysian law firm Skrine explain why cost remains a major pain point for Malaysian businesses and how client service can help a firm stand out
Wendy Heilbut of Heilbut LLP explains some of the hidden risks of using AI to help create a new brand
The law firms that signed an amicus brief in support of others under attack must be lauded, but more large firms should join them
Lisa Kobialka, partner at Kramer Levin, believes the combination will better position the group to work on multi-jurisdictional disputes
Senior members of Dentons Link Legal discuss how the firm’s integration with IP boutique Aumirah, and being part of the wider Dentons group, will help scale the firm’s IP practice
The court announcing it will follow the EPO on inventive step, a case with a Chinese element, and three big settlements were among the top talking points this fortnight
US firms have been on top of the lateral hiring market and performed strongly in Managing IP's Americas Awards and the IP STARS rankings, a trend that could continue this year
Gift this article