Protection of Pharmaceutical Data

Business men in Mexico are realizing the distinction of commercial names and trademarks that with regard to their companies, products and services. Therefore, they opt for securing domain name protection and registration in order to avoid third parties infringement. The registration includes internal and external electronic communication and promotion of a business and/or marketing goods and services.

Therefore domain name protection has acquired much importance in business circle. While trademark registration generally requires the applicant to follow a number of procedures and comply with various formalities, domain name registration is somewhat straightforward. Pursuant to the policies of the Network Information Center (NIC) Medico, which is the administrator for ‘.mx’ domain names, an applicant can register a ‘.com.mx’ name for business use if the name is available and all the requisite formalities are fulfilled.

Effective management:- To manage a domain name portfolio effectively, first, the right owners should identify IP assets that are of commercial importance or likely to be developed in the future which need protection through its registration. Secondly, verify with NIC Mexico, the availability of the name or mark, as well as other names or marks that could be confusingly similar to the main domain name. If the domain name of interest is available, it may be registered to prevent other parties from obtaining them. In case of non-availability of domain name of interest, the following two actions are possible:

The party seeking to secure the domain name should seek the assistance of an IP attorney who would check whether that domain hold sufficient rights in the name or mark in Mexico or in other jurisdictions and will determine whether it has better rights over the domain name, and
If the initial investigation lead to the conclusion that the party seeking domain name registration lacks sufficient rights in the name or mark, the only alternative is to register a variation of the name or mark as a domain name.
Further the holder of a sign seeking to register it as a domain name can acquire additional protection through registration of the sign as a service mark under Nice Classification norms which protects telecommunications information services

Although the main purpose of a commercial domain name is to advertise or sell products or services, a website will typically include artistic elements such as text, photographs, drawings and music which are viewed as an infringement of a reserved right. This will give the owner greater statutory protection against parties using a domain name identical to the sign in which the owner has rights.

As the rise in the popularity of ‘.mx’ continues apace. New policies are being put in place to clarify certain issues of domain name management in 2008 and it is hoped that the new policies will facilitate domain name ‘.mx’[ especially in relation to the disposal or licensing of such names.

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Domain Name Protection Under IPR in Mexico