Mexico: Authors or owners of exclusive rights to books, sound recordings, computer software, or other works of original expression have automatic legal rights to them. Authors or owners don’t need to register, and they are guaranteed protection for 75 years after their death, however registration is recommended in the event of legal action. The copyright law grants the author both moral and patrimonial rights.
Since Mexico belongs to both the Universal Copyright Convention and the Berne Convention, foreigners are assured protection for their works in Mexico.
China: In China, ownership of the copyright to a work is granted to Chinese nationals upon completion of the work. No registration is required for copyright protection. There is no time limitation on moral rights protection. Generally, the term of protection of publication rights and other copyrights is the life of the author plus fifty years.
Mexico: Trademarks may be registered for a ten-year term, renewable for an unlimited number of ten-year terms as long as the trademark is still being used. It is not necessary to wait for the approval of registry, trademarks may be used from the moment the appropriate documentation and applications are received. Registration establishes an exclusive right to use by the registrant, but prior rights may be granted to earlier non-registered users of trademarks.
China: A trademark applicant must file an application with the China Trademark Office.
Trade Names and Slogans:
Mexico: Slogans and phrases may be registered. Trade names don’t require registration, but they do require recordation and publication. No system of regulation in Mexico for trade names and slogans, however there is a presumption that you are using the trade name or slogan in good faith.
China: A company can register and license company names, brand names, slogans, and trade dress for China and worldwide markets.
Mexico: A company using the patented product may register patents for inventions that are new, non-obvious and have industrial applications for twenty years. Patents may be licensed on privately negotiated terms. Legislation extends eligibility for product patents to pharmaceuticals, chemicals, biotechnology products, metal alloys and agrochemicals.
China: An invention patent application is subject to substantive review upon the request of the applicant within three years from the date of application. There is no substantive review for utility model and design patents. Patent rights commence from the date of publication in the Patent Gazette. The term varies depending on the type of patent.
China has failed to recognize patent protection for computer software, discouraging foreign companies from investing in the country. China denies protection to Chinese software enterprises at home and leaves them facing an unfamiliar environment in international markets full of competitors seasoned in patent protection of program products.