Problems relating to Trade and Investment on Mexico
17. Implementation of intellectual property rights ("IPRs") |
|||
Issue |
Issue details |
Requests |
Reference |
| (1) Inadequate Preparation of Database to get IPRs issued | - It is impossible to grasp precisely the patent risk of other firms, due to the inefficiency in the overhaul of the Statistical Data and Information, such as the Number of Patent Applications filed and the Application Database in the Developing Countries, where the needs are rising for Patent Applications. | - It is requested that GOM: -- advances collaboration with Patent Offices of Developed Countries and -- overhauls as soon as possible the Database for Intellectual Property Rights. |
|
| (2) Delays / Qualitative Differences in Patent Examination, etc. | - While legislative overhauls have made a fair progress in each country, the Economic Growth and the Snowballing Patent Applications have outpaced the Legislative Overhauls in each Country. Qualitative differences in the level of Examiners, examination delays, etc. have been the cause of Scattering Results amounting to the pending task that demands improvement. It affects applicant's quest for a stable protection of IPRs. | - It is requested that INPI advances collaboration with other countries under Patent Prosecution Highway (PPH), ASEAN Patent Examination Co-operation (ASPEC), etc., promotes their utilisation in order to resolve the backlog of examination, and gives training to examiners. | |
| (3) Insufficient Compensation Scheme for Private Copying | - With the purpose of private use, "music CD legitimately purchased and recorded into PC" is "further copied into portable audio equipment"; "broadcast audio/video programme is recorded for 'time-shift-listening/viewing'", and "further copied into smartphone for 'listening/viewing' away from home", "copying into tablet PC, electronically digitalized book after purchase"... usages such as these actually take place. In light of the fact that usage such as these cannot be considered to give damage to right holder, the legislative restriction on copyright, applicable to usages such as the foregoing, is in order. Further, in Japan, the Copyright Act, Article 30 (Reproduction for private use) relatively broadly restricts the rights on reproduction of copyrighted work for the purposes of private use. - Private copying compensation scheme in Japan has been de facto frozen today, due to its obsolescence and absence of rationality in collection and distribution in this era, when digitalisation and networking have far advanced. In Japan, private sound recording has already been de facto frozen, while judiciary decision (supreme court on intellectual property) on private video recording ruled "not subject to compensation," in light of incorporation of the copyright protection technology into the digital broadcasting. The supreme court affirmed this dismissal decision in November 2012. |
- It is requested that GOM takes step to restrict the copyright in the practical manner reflecting the reality. - It is requested that countries still retain CSPC to make it compatible with today's rational standard level, when digitisation and networking has made a fair progress. - It is further requested that the countries without CSPC will refrain from introducing the scheme. If, however, its introduction is inevitable, it will pay careful review as shown above (by refraining from unilateral copying levy, stipulating into legislative provisions copy charges commensurate with the loss based on the actual use, by refraining from the unilateral levy on general purpose products, etc.) |
|
| (Action) - It has been reported that the bill to introduce this scheme into Mexico has been deliberated at the congress. |
|||
| (4) Inadequate Restrictions on Copying for the Reverse Engineering Purposes | - Research/analysis of computer programme is an act of extracting ideas. It should not be stretched to the extent of intermediate copy or adaptation. Further, in Japan, 'Cultural Deliberative Sub-Council on Copyright' of Agency for Cultural Affairs, has concluded in favour of 'restricting copyright', pending only legislative amendment. |
- It is requested that GOM takes step to introduce restriction upon copyright for copying made for the purpose of reverse engineering. | |
| (5) Inadequate Restrictions of Right concerning Temporary Storage and Provision of Service, using Telecommunication Technology | - In the processes of telecommunication, 'viewing/listening/executing process of copyrighted materials, and providing service using telecommunication technology', 'copying' should be possible to the extent recognized as necessary to perform such use/service smoothly and efficiently. Further, in Japan, Copyright Act restricts copying in Article 47-8 (reproduction in conjunction with the exploitation of works on a computer), and Article 47-5 (transfer of copies made pursuant to restrictions on the right of reproduction). Furthermore, law reform bill 2014 on Article 49-9 (transfer of copies made pursuant to restrictions on the right of reproduction, i.e., data processing necessary to prepare for providing information using telecommunication technology) is about to provide more restrictions on copyright. |
- It is requested that GOM takes step to introduce Restrictions of Copyright concerning Temporary Saving/Storage in the Use of Equipment and in the Communication Process, as well as the restrictions in Copyright Use for the purpose of Provision of Service that employs the Information Communication Technology. | |
| (6) Inadequate Copyright Restrictions on Copying for Providing Search Service for the Internet Information | - It is requested that IMPI (Instituto Mexicano de la Propiedad Industrial= Mexican Institute of Industrial Property) authorises copying to the extent necessary to provide search service for the internet information. Further, Japanese Copyright Act in Article 47-6 provides: "the person must not transmit a work via automatic public transmission ... After coming to know that making such a recording available for transmission in Japan would constitute a copyright infringement." | - It is requested that GOM takes step to introduce Limitation of Copyright relative to implementing Search Service for Internet Information. | |
<<BACK |