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ARTICLE · 07 FEBRUARY 2001

Patents - Allowed Monopolies

MexicoMedia, Telecoms, IT, Entertainment
Abel Morales Martir
Abel Morales Martir
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It is well known that a monopoly is a disloyal commercial practice that is forbidden in many parts of the world. Article 28 of the Mexican Constitution states that: "Monopolies, monopolic practices and tax exemption are forbidden in Mexico, in the terms and conditions that Law establishes…"

But, what is a monopoly? According to a simple definition, a monopoly is a special privilege granted by the State to a person or a corporation which gives the exclusive right to supply or trade in particular goods or a particular service.

The same article 28 of the Mexican Constitution lists areas that are managed by the State which do not constitute monopolies; such as oil, nuclear energy, electricity, satellital communications, the central bank and on. "…Privileges granted to artists and authors for protection of their works and to inventors or improvement perfectioners for exclusive use of their inventions do not constitute monopolies either."

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