Relevant amendments to the Mexican Copyright Law

March 26, 2020

Dear friends and clients,

We inform you that an initiative has recently been presented before the Mexican Senate, reforming and adding various provisions of the Federal Copyright Law.

The purpose of the aforementioned initiative is to harmonize and adapt the provisions contained in the Federal Copyright Law with respect to the provisions established in various International Treaties to which Mexico is a party, specifically, the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT), Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and United States–Mexico–Canada Agreement (USMCA).

The main topics contained in the referred initiative are the following:

• Incorporation of the making available right in connection with copyright and neighboring rights.
• Incorporation of technological protection measures and digital rights management, as well as sanctions for their elusion and circumvention.

• Exemptions for Internet Service Providers and implementation of a “Notice and Takedown” procedure.
• Strengthening of measures and instruments for access to various forms of work for the benefit of people with hearing or visual impairments.

We consider that in general terms, this initiative contains provisions that effectively comply with the purpose of implementing and giving effect to some of the provisions contained in International Treaties within the national legal framework, helping to strengthen the protection of intellectual property rights in our country.

This initiative was presented on March 19, 2020 and must comply with the complete legislative process.

OLIVARES partners and associates will actively participate in the monitoring and follow-up of the legislative process of this initiative and we will continue to provide updates and reports regarding the progress that may arise.

Sincerely,