Mexico
IP & IT
copyright 1997 Donald M. Cameron , Aird & Berlis
updated April, 1997
Contents
Software-Related Patents
Statutes
The Mexican Law for the Promotion and Protection of Industrial Property ("LPPIP") of June 27, 1991 excludes from patentable subject matter "theoretical or scientific principles" (article 19(l)) and computer software (article 19(IV)).
Algorithms should be protected if they are claimed for a specific purpose or directed to a specific application. (1)
Regulations
There are no regulations that deal specifically with the patentability of software.
Case Law
There is no case law that deals specifically with the patentability of software.
Chip Protection
Draft legislation is being prepared for the protection of the layout designs of integrated circuits (mask works). It is expected to be submitted to the Mexican Congress by the end of 1997.
Mexico has until January 1998 to enact a chip protection statute so as to comply with its NAFTA obligations.
Endnotes
1. Schmidt, Luis C; " Computer Software in the North American Free Trade Agreement: Will Mexican Law Represent a Trade Barrier? "; Computer Software and NAFTA; 1992.
Acknowlegements
Thanks to Luis C. Schmidt of Olivares & Cia., P.O. Box No. M-10231, 06000 Mexico City, Mexico.
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