Exhaustion Of Rights Under Mexican IP Laws

EXHAUSTION OF RIGHTS UNDER MEXICAN IP LAWS.

Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of an intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the extent that such products have been marketed by or with its consent. Exhaustion of rights marks the border between intellectual property rights and those of who buy a product or copy embodying the IP rights.

As to trademarks, it appears that Mexican law allows parallel importation in blank, without restriction or control. There are cases in which trademark holders have claimed trademark infringement and unfair practices, from importers who are not respectful of warranty policies, and the standards imposed by manufacturers. However, all of those cases have been decided allowing the parallel imported products to enter the Mexican territory.