Mexico: Litigating for reliable criteria

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Mexico: Litigating for reliable criteria

When talking about reserva rights – a legal institution exclusive to the Mexican legal system, which protects a variety of assets, such as titles of publications or broadcasts, among others– there is a problem that stands out: an absence of certainty regarding the criteria used by the authority (the Mexican Copyright Office, or INDAUTOR) when examining applications.

Indeed, INDAUTOR's criteria tend to vary on a case-by-case basis, partially because reserva-related litigation is uncommon. This, in turn, leads to an absence of judicial precedents that could be used as guidelines by the authority.

For comparison, the authority responsible for trade mark rights (the Mexican Industrial Property Institute, or IMPI) usually applies well-established criteria, largely based on judicial precedents, as trade mark-related litigations are the bulk of IP contentious proceedings in Mexico.

As an example, recently a federal court overturned an INDAUTOR ruling which had denied protection for a magazine title. The proposed title comprised the name of a fictional character, but the protection was denied because it was considered that, potentially, the title could be also the "name of a person".

In this case, the court reasoned that while the law prohibits granting reservas for "names of persons used in isolation", such prohibition should be understood in connection with "existing individuals", and was not applicable for titles that could be the name of a person whose existence was not demonstrated.

This ruling hardly seems ground-breaking, since IMPI has applied the same criterion for years, in connection with a similar prohibition for trademark registrations. However, it was the first ruling of its kind regarding reservas.

Cases like this exemplify why reserva-related litigation should be encouraged, since the existence of judicial precedents would allow future titleholders to have certainty over the criteria that will be applied by the authority in each case.

martinez.jpg

Adrián Martínez


OlivaresPedro Luis Ogazón No 17Col San Angel01000 México DFTel: +5255 53 22 30 00Fax: +5255 53 22 30 01olivlaw@olivares.com.mxwww.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Not all private equity firms are the same, so leaders at four externally backed IP firms came together to discuss the frameworks they followed and how they ensured a cultural fit
Top-tier German and Spanish firms are among the advisers on a Europe-wide copyright and licensing tussle concerning the design of the track circuit in Madrid
Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
Gift this article