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ejidos-13-mayo

In the landscape of real estate law in Mexico, one of the issues that has gained prominence is the Ejidos, especially in growth areas and tourist destinations. The Ejidos represent a unique form of land ownership that, while offering opportunities, also entails significant legal risks that property owners, developers, and real estate investors often do not fully understand until it is too late.

Ejidos are defined as a collection of lands, forests, or waters that the Mexican government grants to a community for the purpose of working and using them for their benefit. This form of ownership has three key characteristics:

  1. It Is a Form of Communal Ownership: Unlike traditional private property, ejidos are not owned by the government or by a single individual, but rather belong to a Community of Ejido Members.
  2. It Has Legal Personality: The ejido acts as a legal standing and the capacity to make decisions and enter into agreements. This means that developers must engage with the Ejido Assembly (Asamblea de Ejidatarios), which has the final authority over any transaction involving ejido land.
  3. It Has Its Own Regulations. Each ejido has its own rules and procedures, which are established through assemblies where decisions are made by a majority of the Ejido Members (Ejidatarios).

For many investors, Ejidos represent attractive opportunities primarily due to their location, size, and price. However, behind many of these transactions lies a legal risk that is often detected too late: the assumption that an “ejidal parcel” can be transferred as private property without first completing the procedure for acquiring full ownership and registering it with the National Agrarian Registry.

The ejido system formally emerged in Mexico following the agrarian reform stemming from the 1917 Constitution; this system was implemented with the aim of redistributing land and promoting its use, whether collectively or individually, within agricultural communities.

With the 1992 amendment to Article 27 of the Constitution and the enactment of the Agrarian Law, certain land rights were permitted to eventually be converted into private property, provided that a specific legal procedure is followed.

Not all Ejidos can be freely sold. It is essential to distinguish between:

  1. Common-Use Lands: These belong to the ejido community and their transfer is subject to significant restrictions.
  2. Urban Building Lots: Also known as “human settlements,” these are designated for people to build their homes. They can be freely transferred once the title deed is issued.
  3. Plots: These may be individually assigned to ejido members but remain subject to the agrarian regime. There are two types:
  4. Ejido Plots: These cannot be transferred; they may only be assigned among ejido members or residents, that is, within the ejido core.
  5. Plots with Full Ownership: These are plots where the Ejido Assembly voted to allow ejido members to become the absolute owners of the plots. In these cases, transfers to third parties are permitted.

To obtain full ownership of a Plot of land, the Agrarian Law requires, among other things:

– “Formally convened meetings.”

– “Specific quorums.”

– “Proper legal notices.”

– “Validly approved resolutions.”

– “Registration with the National Agrarian Registry.”

– “Issuance of corresponding titles”

If any of these steps were omitted or carried out incorrectly, the chain of title may be compromised. In practical terms, this can result in the nullification of sales, agrarian litigation, suspension of developments, among other consequences.

In Mexico, particularly in transactions involving Ejidos, a property’s value is not limited to its location, size, or price per square meter; its true value also lies in the legal certainty of its origin and the legal possibility of its transfer.

Therefore, before structuring any acquisition, it is essential to conduct a comprehensive review of the property’s agricultural, registry, and ownership records. At VAHG, we advise property owners, investors, and real estate developers on real estate and agricultural due diligence processes to identify potential issues, mitigate financial risks, and ensure legal certainty in every transaction. In the world of Real Estate Law, knowledge is power, and in the case of ejidos, it can make the difference between a successful project and a legal complexity with asset-related implications.

 

Ana Karen Inzunza Sánchez| Partner

+52 (33) 38171731 Ext. 235 |ainzunza@vahg.mx

Fernando Hernández de la Torre | Associate

+52 (33) 38171731 Ext. 237 | fhdelatorre@vahg.mx

 

IMAGEN-STATUTORY

In Mexico, the structure of a corporation is based on a clear separation of functions: (i) the Shareholders’ Meeting, responsible for making fundamental decisions; (ii) the Directors, responsible for managing and implementing those decisions; and (iii) the Statutory Examiner, whose primary function is to monitor and supervise the corporation. This distribution is not a mere corporate formality, but an essential internal control mechanism aimed at protecting the company’s assets, strengthening accountability, and ensuring transparency toward shareholders and interested third parties.

The Role of the Statutory Examiner within Corporate Governance.

In accordance with the General Law of Commercial Corporations  (“LGSM”), the surveillance of the company is the responsibility of one or more Statutory Examiners, who may be Shareholders (Partners) or third parties outside the Company. Pursuant to Article 166 of the LGSM, their primary function is to monitor, at all times, the company’s operations and, specifically, the duties of the Directors.

To fulfill this mandate, Mexican Law grants them various audit powers, including:

  1. Financial supervision: The power to require the management to provide the company’s financial information, including financial statements and periodic earnings reports.
  2. Accountability: The obligation to submit an annual report to the Ordinary General Meeting regarding the accuracy, sufficiency, and reasonableness of the information presented by the management body.
  3. Management Control: The right to attend, with voice but no vote, meetings of the Board of Directors and Shareholders’ Meetings, in order to monitor the legality of the actions and resolutions adopted.

The Incompatibility Between Surveillance and Representation.

A particularly relevant point, reinforced by case law, is the prohibition against a Statutory Examiner simultaneously acting as attorneys-in-fact of the Company. If the Statutory Examiner were to act as an attorney-in-fact, they would be required to oversee their own actions, thereby undermining the very nature of the oversight function.

This incompatibility stems from the very nature of the position and is explained by three fundamental elements:

  1. Unlimited Surveillance: The Statutory Examiner´s duty of oversight encompasses all acts of the company, including those performed by agents. If the auditor were to act as an agent, he or she would have to oversee his or her own actions, which undermines the function of control.
  2. Continuity in Office: The supervisory function is permanent as long as the Statutory Examiner remains in office. It is not legally feasible for a Statutory Auditor to temporarily suspend their status to act as a representative and subsequently resume their supervisory function.
  3. Internal Scope: The Statutory Examiner´s authority pertains to the internal affairs of the company and seeks to protect the interests of the shareholders. By contrast, the mandate is intended to represent the company before third parties and to establish external legal relationships. Blurring these two spheres compromises the independence of the supervisory body.

Independence of the Supervisory Body.

To ensure the independence of the supervisory body, Article 165 of the LGSM establishes certain restrictions on who may serve as a supervisor. Specifically, the following individuals may not serve in this capacity:

  1. People disqualified from engaging in commercial activities.
  2. Employees of the company.
  3. Blood relatives of the directors in the direct line without limitation of degree, collateral relatives within the fourth degree, and relatives by marriage within the second degree.

Note for Notarial Practice.

In practice, it is the responsibility of Notaries Public to verify that the corporate acts they authorize or record comply with the applicable legal framework. In this regard, the appointment of a Commissioner as the company’s legal representative may render the granted power of attorney ineffective and raise questions regarding the validity of acts performed under such authority.

Responsibilities and Scope of the Position.

Finally, it is important to note that the Statutory Examiner is not jointly and severally liable for the Company’s tax obligations, as he or she lacks the authority to manage or represent the Company before the authorities. His or her responsibility is of an organizational and professional nature and consists of diligently performing his or her oversight function and promptly informing shareholders of any irregularities detected.

Failure to comply with these obligations may give rise to civil liability to the Company for breach of the applicable duties of care.

The proper delineation of functions within corporations is not merely a formal requirement but an essential element for preserving the integrity of corporate governance. The independence of the Statutory Examiner and the incompatibility between their oversight function and the representation of the Company constitute legal safeguards aimed at preventing conflicts of interest and strengthening internal control mechanisms.

We can summarize that in Mexico, the classic structure of the corporation continues to rest on the separation between the Shareholders’ Meeting, the Board of Directors, and the Statutory Examiners. However, by 2026, this framework has evolved toward more sophisticated corporate governance models, in which oversight is no longer limited to the legally required examiner but is complemented by external audit, internal controls, compliance, and the best practices in transparency.

Given the growing complexity of regulations, it is vital that companies comply with the provisions of the General Law on Commercial Corporations. At VAHG, we work closely with our Clients to review and adapt their corporate documents and practices to this legislation, ensuring that every aspect of their corporate governance is in compliance. This not only minimizes the risk of legal penalties but also strengthens the company’s reputation among its stakeholders.

One of our core objectives is to help our Clients prevent legal risks. By implementing appropriate governance structures and complying with current regulations, companies can prevent internal conflicts, fraud, and malpractice that could result in legal consequences. At VAHG, we believe that effective prevention begins with a thorough assessment of current practices and the identification of areas for improvement.

At VAHG, our mission is to guide companies, investors, and corporate bodies in the process of structuring and reviewing their corporate governance frameworks. We are committed not only to complying with the General Law of Commercial Corporations, but also to creating a framework that ensures the optimal functioning and long-term sustainability of Corporate Governance practices.

 

Elvia Rios Saldaña|Partner

Corporate Governance

+52 (33) 38171731 Ext. 228|erios@vahg.mx

Luis Andrés Estrada Intriago | Senior Associate

Corporate Governance

+52 (33) 38171731 Ext. 224 | lestrada@vahg.mx

  

Pablo Méndez Fernández|Paralegal

Corporate Governance

+52 (33) 38171731|pmendez@vahg.mx

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in Mexico.

 

 

 

Día Internacional del Libro y los Derechos de Autor en México 2026

“A book is an extension of memory and imagination” is a phrase that captures the essence of one of the most important tools created by humankind for the transmission of knowledge throughout history. Every April 23, “International Book and Copyright Day” is celebrated, a date proclaimed by UNESCO with the aim of promoting the habit of reading.

This day invites us to recognize the true value of books as tools for conveying and understanding everything that happens around us, including culture, education, knowledge, and more.

It also aims to acknowledge the hard work that goes into bringing a book into existence, recognizing the contributions of everyone involved—from authors and publishers to translators—who make it possible for every book to reach readers around the world.

Given the significant cultural and economic impact of the publishing industry, it is worth remembering and considering the legal protection that Intellectual Property offers to all literary works through copyright. Copyright recognizes the authors and publishers of these works and allows them to benefit from and monetize their work.

Today, the publishing industry faces challenges such as digital piracy and the use of new technologies, such as artificial intelligence, which can threaten the content and originality of books.

That is why it is essential to have up-to-date copyright laws and to implement the full framework provided by Intellectual Property Law to ensure legal certainty for those involved in this vital industry, promoting the habit of reading through legal means, closing the door on piracy, and having the tools to distinguish between works created by humans and those that are not.

International Book Day is a great opportunity to promote reading, respect for copyrights, and to recognize the efforts of those who dedicate their lives to this industry.

At VAHG, we have a team specializing in Intellectual Property, the use of New Technologies, and Copyrights. Please do not hesitate to contact our Intellectual Property Team, which is ready to provide results-oriented legal counsel on copyright protection, in accordance with Mexican law and international standards, while taking into account the specific regulatory requirements of each jurisdiction. At VAHG, we are committed to protecting your work and upholding copyright. Together, we can build a solid and effective strategy that allows you to maximize the value of your creations and other intangible assets, where having the right legal support to defend your works and prevent plagiarism is vital.

 

Mariana González Sánchez|Partner

Intellectual Property

+52 (33) 38171731 Ext. 222|mgonzalez@vahg.mx

Martín Arias Cuevas | Associate

Intellectual Property

+52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx

 

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in Mexico.

Boletín Informativo de Propiedad Intelectual: Importantes Fallos Judiciales en el Ámbito Digital

Dear Clients:

We are sharing a summary of recent court decisions involving two tech giants, Meta (owner of Instagram, Facebook, and WhatsApp) and Google (owner of YouTube), regarding social media addiction and the legal implications that may arise from such conduct. These rulings set an important precedent for the digital sector and the protection of users’ rights.

  1. Meta and Google Held Liable in Social Media Addiction Trial

Recently, a U.S. court issued landmark rulings in which Meta and Google were held liable for social media addiction. In this trial, it was alleged that both companies had designed these platforms, fostering an addiction that is harmful to users, particularly adolescents, in terms of mental health and well-being.

According to the ruling, both companies will be held liable for the harm caused by their algorithms and design features that promote excessive and, in many cases, compulsive use of social media. This ruling is a significant step in the regulation of big tech, opening the door to potential similar legal actions in other countries, including Mexico.

  1. Implications for Intellectual Property and Digital Regulation

From a legal and intellectual property perspective, these cases highlight several key issues that could have a direct impact on legal and business strategies in the digital sphere:

  • Liability for Technological Design: The ruling underscores the liability of digital platforms for the design of their interfaces and algorithms. Technology companies may be forced to adjust their product development strategies to prevent psychological harm to users, which could involve creating new privacy policies and informed consent procedures.
  • Consumer Protection and Personal Data: While Mexican legislation already includes regulations for the protection of personal data (such as the Federal Law on the Protection of Personal Data Held by Private Parties), this type of ruling reinforces the need for companies to implement additional protective measures, preventing excessive manipulation of users.
  • Impact on International Regulation: Such rulings could influence future laws and regulations aimed at balancing the use of technologies with the protection of users’ rights, such as the Digital Platforms Liability Act currently under discussion in several countries.
  1. Implications for the Business Sector in Mexico

For Mexican companies, especially those involved in the digital and technology sectors, it is crucial to stay informed about these developments, as they could influence how technology products are developed and operated. New regulations may emerge regarding the ethical design of platforms and companies’ responsibility for the effects their products have on users.

The ruling also underscores the importance of having clear policies on data handling and transparency in the collection and use of personal information. In this regard, companies must be prepared to adapt to a stricter legal environment, not only in Mexico but also internationally.

Social Media Use by Minors and Adolescents

In Mexico, legislation regarding the use of social media and digital applications by minors is constantly evolving. The General Law on the Rights of Children and Adolescents establishes that minors have the right to be protected against any form of online abuse or exploitation, including the risks associated with excessive use of digital platforms. In addition, the Federal Law on the Protection of Personal Data Held by Private Parties regulates the processing of minors’ personal data, requiring explicit consent from parents or guardians to collect and process information about them. However, despite these advances, regulation in Mexico still faces challenges in comprehensively addressing the risks associated with digital addiction among minors and adolescents.

This recent ruling by a U.S. court, which holds Meta and Google liable for fostering social media addiction, should serve as a crucial precedent for all countries, including Mexico. The ruling reinforces the need for stricter regulation that protects the most vulnerable users, such as minors, and promotes a safer and healthier digital environment for everyone. Undoubtedly, such judicial decisions lay the groundwork for the creation of more robust public policies at an international level, seeking to benefit users, especially those who are most susceptible to the negative effects of excessive use of social media platforms.

We are committed to continuing to monitor these developments and providing you with the necessary guidance so that you can make informed decisions within this constantly evolving legal landscape.

We remain at your disposal for any questions or additional inquiries.

 

 

Fernando Hernández Gómez | Senior Partner

Mergers & Acquisitions, Foreign Trade/Intellectual Property

+52 (33) 38171731 Ext. 225 | fhernandez@vahg.mx

Mariana González Sánchez | Partner

Intellectual Property

+52 (33) 38171731 Ext. 222 | mgonzalez@vahg.mx

 

Martín Arias Cuevas | Associate

Intellectual Property

+52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx

 

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in

working-hpours

The Reform which was published in the Official Gazette of the Federation on March 3, 2026, amended Article 123 of the Political Constitution of the United Mexican States with the aim of laying the groundwork for the transition to a 40-hour workweek.

As a result of this decree, it was stipulated that the maximum workweek will be 40 hours with at least one day off, with an express prohibition on reducing wages or benefits during its implementation. It is important to note that this change will not take effect immediately, but will be implemented through a gradual, phased transition. The process will begin on January 1, 2027, and from that date, the workweek will be reduced by 2 hours on the first business day of each calendar year until the 40-hour weekly limit is reached in 2030.

Furthermore, the reform establishes that, in extraordinary circumstances requiring the extension of the workweek, the excess working time may not exceed 12 hours per week. Such overtime may be distributed over a maximum of 4 hours per day for 4 days a week. Any hours exceeding this limit will require the employer to compensate the additional hours with a payment equivalent to 300% of the hourly wage. Finally, the absolute prohibition on people under 18 years of age working overtime remains in effect.

Once the constitutional decree takes effect, the Congress of the Union will have 90 days to align the Federal Labor Law. It is in this secondary legislation that the guidelines and rules of application necessary for the proper implementation of the reform will be detailed, thereby clarifying its operational scope.

The period between the entry into force of the reform to the Federal Labor Law and January 1, 2027, constitutes a significant transition phase. During this time, workplaces will be able to assess and implement the structural adjustments necessary to adapt their operational and administrative frameworks to the new parameters of the workday.

At VAHG, we understand that the recent reform of working hours represents a significant change that may create uncertainty for businesses. With the aim of providing effective support, we are prepared to offer comprehensive guidance to our clients in implementing this reform. We have a team of attorneys specializing in Labor Law who will guide you every step of the way. From reviewing internal policies to communicating the changes to employees, we ensure that every aspect is in line with the regulations. If you need more information on how we can support you in implementing the labor reform, please do not hesitate to contact our Attorneys.

 

Elvia Ríos Saldaña|Partner

Labor Law

+52 (33) 38171731 Ext. 228|erios@vahg.mx

Luis Andrés Estrada Intriago | Senior Associate

Labor Law

+52 (33) 38171731 Ext. 224 | lestrada@vahg.mx

 

Alvaro Hernández de la Torre |Paralegal

Labor Law

+52 (33) 38171731|pasantes@vahg.mx

 

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in

Día Internacional de la Eliminación de la Discriminación Racial 2026

In a global context where discrimination and inequality persist, we reaffirm that justice must not be a privilege, but an inherent right of every person. Our mission as a Firm is to ensure effective access to justice, guaranteeing ethical, impartial legal representation that respects human dignity, without distinction based on race, color, origin, or any other condition.

While significant progress in human rights has been commemorated internationally in recent years, racism and racial discrimination remain structural challenges affecting millions of people. This reality demands not only recognition but also coordinated action from all sectors, including the legal sector. In this regard, this year’s commemoration reinforces the need to promote substantive equality, inclusion, and social responsibility.

On March 21, we call on the legal community and society in general to strengthen efforts aimed at eradicating all forms of discrimination. Building a more just society requires the active commitment of institutions, legal professionals, and the general public. At VAHG, we recognize the fundamental role of the law as a tool to promote equality and combat discrimination. Through our practice, we reaffirm our commitment to the defense of human rights, promoting ethical, inclusive legal counsel aimed at protecting the dignity of all people. We firmly believe that justice must not only be accessible but also an active driver of structural change that contributes to a more equitable society. In our daily practice, we reaffirm our commitment to the defense of human rights, promoting legal counsel that is ethical, inclusive, and focused on protecting the dignity of all people.

Novedades en materia de propiedad intelectual

Dear Clients and Colleagues:

We are pleased to share with you the most relevant details regarding the new Draft Regulations for the Federal Law on the Protection of Industrial Property.

This document is a draft and is currently under review. It is pending approval and official publication in the Official Gazette of the Federation (DOF) to become fully legally valid.

Its main objective is to regulate the provisions of the Federal Law on the Protection of Industrial Property and to consolidate the administrative modernization of the Mexican Institute of Industrial Property (IMPI).

Below, we highlight the most relevant points covered in this document under review:

  • Digitization and Online Procedures: The bill comprehensively regulates the use of electronic communication channels and platforms for IMPI services, recognizing the use of advanced electronic signatures as having the same evidential value as handwritten signatures. In addition, it formally introduces the online administrative infringement declaration procedure.
  • Patent and Industrial Design Management: The rules for the submission of drawings, disclosure of inventions, divisional applications, and specific requirements for inventions based on genetic resources or traditional knowledge are clarified.
  • Trademarks and Distinctive Signs: The requirements for representing non-traditional trademarks (such as sounds, smells, positional marks, or multimedia marks) are detailed through clear and precise descriptions, as well as the possibility of submitting physical or electronic evidence. Written consent for the coexistence of confusingly similar trademarks is also formally regulated.
  • Technology Transfer Registry: This provision calls for the administration of a specific registry where license agreements, confidentiality agreements, assignments of rights, and collaboration agreements involving technology transfer may be registered.
  • Alternative Dispute Resolution Mechanisms: The IMPI is empowered to facilitate conciliation between the parties, governed by principles of confidentiality, good faith, and impartiality, allowing for agreements with the force of administrative res judicata. 

Entry into Force and Next Steps.

If approved in its current form, the transitional provisions of the draft regulation establish that the Regulation will enter into force ninety business days following its publication in the Official Gazette of the Federation.

We will continue to closely monitor the review and approval process for this draft regulation to keep you promptly informed of its official publication in the DOF and the definitive impacts it will have on the management of your intellectual property portfolios.

Sincerely,

Vázquez Aldana, Hernández Gómez & Asociados

nominación como firma del año – con cede fuera de la ciudad de mexico

We are honored to announce that our Firm has been nominated by The Legal 500 as «Firm of the Year – Based Outside Mexico City». This recognition highlights our expertise, the trust of leading clients, and our ability to provide strategic, business-oriented legal solutions with national impact, outside Mexico City’s core.

Our success is built on specialization, collaboration, and a commitment to delivering measurable value. This nomination reflects our ongoing focus on innovation, results, and exceeding the highest standards of excellence. This achievement would not be possible without the dedication, talent, and integrity of our entire team. Their collaborative spirit and pursuit of excellence are the driving forces behind our firm’s growth and reputation.

We extend our gratitude to our Clients and Partners for their continued support. This nomination strengthens our position in the legal market and drives us to continue raising the bar.

proteccion-propiedad-industrial

We hereby inform our clients of the Decree amending, among other laws, the Federal Law on Industrial Property Protection (“LFPPI”) and the Federal Copyright Law (“LFDA”), dated January 15, 2026.

In addition to the LFPPI and the LFDA, the Decree introduces amendments to various federal laws with the aim of incorporating a gender perspective and promoting substantive equality between men and women in art and industrial creations. For the purposes of this Newsletter, we will focus on those implications for the registration and exercise of rights related to copyright and industrial property.

This Decree amended the LFPPI and the LFDA to strengthen gender equality and the effective participation of women in all aspects of intellectual property, also involving the authorities responsible for protecting these rights, which now include measures to ensure equitable treatment in all proceedings.

Among the main changes to the LFPPI are:

  • Guaranteeing substantive equality and promoting the active participation of women in the creation, registration, and exercise of industrial property rights.
  • Disseminating information on patents and registrations in an accessible manner, ensuring the participation of women and vulnerable groups.
  • Implementing strategies that promote the inclusion of women in technology transfer and industrial development programs.
  • Developing incentive and support programs with a gender perspective, aimed at increasing female participation in the industrial and technological sector.
  • Train human resources specialized in industrial property with a gender focus, ensuring equitable participation in the management and administration of rights.

This amendment sought to amend four articles of the LFPPI based on the argument of modernizing the industrial property regime in Mexico and adapting this system to be more similar to the international model:

  1. Article 2: A second paragraph was added to section I to establish that the authorities must:
      1. Guarantee substantive equality between women and men.
      2. Promote the effective participation of women in the processes of creation, registration, and exercise of industrial property rights.
  2. Article 3: It is established that, in matters not provided for by the Law, the following shall apply:
      1. The Federal Administrative Procedure Law.
      2. The National Code of Civil and Family Procedures.
  3. Article 5: Powers of the IMPI
    1. Section XVI
      1. Its powers are updated to bring them into line with modern criteria for administrative action.
    2. Section XX, subsections d) and e)
      1. Specific scenarios within one of IMPI’s powers are modified, clarifying or expanding its actions in certain procedures.
    3. Section XX, subsection f)
      1. A new specific power is added to the IMPI within that section.
    4. Section XXI
      1. The wording is adjusted to update powers or coordination with other authorities.
    5. Section XXXII
      1. A general power of the Institute is updated to bring it into line with the new regulatory structure.
  4. Article 400: Amended to harmonize judicial procedures with the National Code of Civil and Family Procedures.
      1. Unification of procedural criteria at the national level.
      2. Greater consistency between the industrial property system and the new civil procedural model.
      3. Does not modify substantive rights, but rather the way in which litigation is handled.

Simultaneously, Representative Delhi Miroslava Shember Domínguez, from the Morena parliamentary group, submitted a bill to amend Article 233 of the LFPPI, which seeks to ensure that the procedure for declaring the actual and effective use of marks not only be available for three months after the completion of three years following registration, but also be submitted from three months prior to the completion of the third anniversary of registration.

This bill has not been published in the Official Gazette of the Federation, although it is already in process.

On the other hand, the LFDA was also updated with various provisions aimed at strengthening gender equality and facilitating women’s participation in the creative and registration fields. Among the most relevant changes are:

  • Promoting substantive equality and eliminating administrative obstacles that hinder women’s participation in the creation and registration of works.
  • Promoting affirmative action that encourages the presence of women creators in all branches of copyright.
  • Providing enhanced protection to female authors whose works are published under a pseudonym or have not been disclosed, with measures to reduce administrative barriers.
  • Promoting initiatives that encourage the registration of women’s works, increasing the visibility of female creators.
  • Maintain an up-to-date historical archive with information disaggregated by gender, allowing for the identification and appreciation of women’s participation in artistic and literary creation.
  • Conduct procedures under equitable conditions, incorporating a gender perspective and approach at all stages of the registration and protection of works.

These changes impact both the authorities in charge of the matter and the applicants and users of the Mexican Intellectual Property System, seeking to influence the way they interact with the processes of registration and management of rights.

For more information on these reforms and related initiatives, we invite you to stay tuned to VAHG’s Newsletters and Publications, where we will continue to share timely analysis and practical perspectives on their potential impact.

 

Mariana González Sánchez|Partner

Intellectual Property

+52 (33) 38171731 Ext. 222 | mgonzalez@vahg.mx

Martín Arias Cuevas | Associate

Intellectual Property

+52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx

 

Daniel Angulo Espinoza|Intern

Intellectual Property

+52 (33) 38171731 | pasantes@vahg.mx

  

**The publication of this document does not constitute legal, accounting, or professional advice of any kind, nor is it intended to be applicable to specific cases. This document refers only to laws applicable in Mexico.

movie-day

Global Movie Day

“The seventh art”: this is how the discipline known as cinema, invented at the end of the 19th century, has been identified. Every year, “Global Movie Day” is celebrated on the second Saturday in February, as established by the Academy of Motion Picture Arts and Sciences.

This day invites us to remember the multitude of agents and components involved in one of the largest entertainment industries, from photography, sound, acting, and screenwriting to the feelings it generates in the audience.

Cinema is one of the most complex and comprehensive forms of art, as a single production involves images, music, a script, and acting, with all the technical aspects encompassed by each of these elements.

Given the high value and creative and economic work involved in the seventh art, it deserves nothing less than the legal protection afforded by Intellectual Property, through Copyrights, to recognize the authorship of each work and protect the economic exploitation that derives from them.

Behind the cameras and the “glamour” that may be involved in the industry, there is a whole legal framework that must be observed long before a person can sit down to watch a movie, whether in the cinema or through the digital platforms that have become increasingly popular in recent years.

Feature film producers must take into account aspects such as contracts, for example, employment contracts with recording studio staff, leasing of filming locations, administrative aspects of obtaining permits from the authorities to film in public spaces, obtaining consent for the use of images of all people appearing on screen, licenses for any brands that appear in the film, and even the tax implications of declaring taxes on the film’s box office earnings, not to mention, of course, registering the copyrights for photography, musical score, script, etc.

Currently, there are more threats to the industry than ever before: the use of artificial intelligence to replace the work of screenwriters or even the self-generation of images and sound through “prompts,” digital piracy, or the difficulty of accessing content due to the overwhelming supply of digital streaming platforms, among others.

That is why now more than ever, we must turn to copyright protection mechanisms and figures such as collective management societies, actors’ unions, writers, producers, and all the institutions that look after the interests of the industry’s guilds, in order to provide legal certainty for creative agents and ensure that the public consuming this art can access more and better works legally.

Global Movie Day is an opportunity to recognize and appreciate the efforts of the arts, as well as to promote film culture legally, where areas of law such as Intellectual Property, which protects and recognizes the work, resources, and time that these people dedicate, are key to their prosperity.

At VAHG, we have a team specializing in Intellectual Property, the use of new technologies, and, of course, contracts related to this industry. Please do not hesitate to contact our Intellectual Property team, which will provide you with strategic legal advice on the protection of cinematographic and audiovisual works and any other creations eligible for protection under Mexican law, as well as under other international laws, taking into account the specific regulatory characteristics of each jurisdiction.

Our approach ranges from legal risk prevention, copyright management and defense, licensing and transfers, including support in projects that incorporate new technologies and digital platforms. Our attorneys stay up to date and aligned with industry best practices, with a strategic focus on protecting and maximizing the legal and commercial value of your work and intangible assets, both in Mexico and abroad.

 

Mariana González Sánchez | Partner

Intellectual Property

+52 (33) 38171731 Ext 222|mgonzalez@vahg.mx

Martín Arias Cuevas | Associate

Intellectual Property

+52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.

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