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Businesses and Intellectual Property

By: Jaime Israel Davila Gomez, Attorney.

The most sought-after intellectual property service by companies in Mexico is trademark registration, aimed at obtaining exclusivity in using a sign (names, designs, scents, sounds, etc.) within their targeted market. However, despite being a valuable service, other less common intangible assets can be equally important.

Intellectual property and its regulation in our country provide a legal framework for companies to have absolute control over all visual communication content (which involves copyright in favor of their authors) used for promotion and advertising, regardless of whether the creators are employees or service providers of the businesses. Unfortunately, services such as contract drafting and document creation to ensure the secure exploitation of logos, images, videos, and institutional stationery designs, among others, without third-party claims, are seldom requested.

Additionally, companies can protect processes and sensitive, economically relevant information through the concept of trade secrets, obtain patents for products created through such processes and information, or seek protection through software copyright for the software they develop.

Some other companies, especially those newly established and technology-based, can find intellectual property as their best ally. They can protect, through various figures, contracts, and documents, even simultaneously in what we call accumulated protection, everything related to their economic activity, from the tools they use to their processes and products.

Finally, it’s worth mentioning that having expert advice on intellectual property allows companies to identify exclusive protection and economic exploitation opportunities that may not be obvious for either the business or lawyers unfamiliar with the subject matter. In some exceptional cases, it can also resolve issues that had been generating losses or negative results for the business for years.”

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