Manufacturers face infringement risks in Mexico, penalties for using trademarks already owned in Mexico include fines and the seizure of goods

Article Abstract:

US companies' post-NAFTA use of Mexican assembly plants to manufacture products intended solely for US sale and distribution will probably increase, and care must be taken to avoid infringing Mexican trademarks, even if the companies own all the US marks for their goods being made in Mexico. Under Mexican law, trademark use without the authorization of the trademark owner is infringement. Therefore, US-based companies making branded products in Mexico for export to the US are using the trademarks in Mexico and this constitutes trademark infringement if the mark has been registered in Mexico by an unrelated third party.

Mexico, Trademarks

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U.S. trade threats spur Asian laws on intellectual property

Article Abstract:

The US threat of commercial retaliation has hastened the development of intellectual property laws in Asian countries. This retaliation comes under s. 301 of the Omnibus Trade and Competitiveness Act of 1988 and consists in refusing the technology transfer crucial to these countries' economic growth. The US concern over Asian intellectual property laws covers three areas: the failure to patent pharmaceutical substances, compulsory licensing when a patent is not being used in the Asian country and inadequate protection for computer software. Trade sanctions have helped in China and Thailand.

Economic sanctions, Sanctions (International law), Intellectual property (International law)

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Examining a bill on infringing imports

Article Abstract:

Enforcement of intellectual property rights in export-import matters has been a controversial issue, and GATT members have long complained that Section 337 of the Tariff Act of 1930, which deals with this issue, imposes nontariff trade barriers. Senate Bill 3172 would bring the US into compliance with GATT and would also conform with the Uruguay Round agreement on trade-related aspects of intellectual property rights. Provisions of the bill which would bring about this result are listed.

Laws, regulations and rules, Intellectual property, Protection and preservation, Import quotas

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