Trademarks Under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law

Begins with a brief explanation of the North American Free Trade Agreement (NAFTA) leading to the study of trademarks under chapter XVII of the Agreement. Part of the study of definitions and norms that this part contains is based on the trademark doctrine of Spain. Attempting to explain trademarks under NAFTA, excellent Spanish commentators are cited through their works. Part four explains how NAFTA’s trademark regulations were applied to the Mexican legal system, which allows us to observe the practical implementation of this important Agreement within the legal system of one of the participating member states. Through international agreements like NAFTA, one can witness the convergence of countries with distinct legal traditions, such as Mexico and the United States, and in large part Canada, and the unification of the asymmetry that exists between these countries. The Agreement’s effect on Trade Related Aspects of Intellectual Property Rights (TRIPS) within the Mexican trademark legislation before NAFTA was signed is explained, as is the worldwide impact of the Agreement. Finally, part five discusses the introduction of Mexico into the international trademark arena, sets forth the international treaties that involve trademark matters that Mexico has entered into, as well as those that are still pending, and explains the impact those treaties might have on the future of NAFTA

Canon 1095 and the Dignitas Connubii: The Role of Consent, Incapacity, and Psychic Anomalies in Cases of Matrimonial Nullity

This Article will focus on the following points: (1) the essential elements of marriage; (2) the basic principle of matrimonial consent; (3) the nature of consent; (4) acts through which consent is formed; (5) matrimonial nullity in Canon Law; (6) Canon Law and the Dignitas Connubil (Dignitas); and (7) recent jurisprudence concerning matrimonial nullity. It aims to shed light and clarify paragraphs 2 and 3 of Canon 1095 of the Code by making clear how the causes of defect of discretion of judgment and the inability to assume the essential obligations due to some sort of psychic disorder or anomaly affect either an affirmative or negative declaration of matrimonial nullity. Additionally, it discusses the role of the Dignitas as a tool intended to help judges and other tribunal ministers of the Church who are entrusted with hearing the causes of nullity of marriage. Its provisions support the juridical structure of the marriage nullity process and encourage adherence to that same structure. The purpose of the Dignitas is to clarify the provisions of the universal law and detail the way in which they are to be observed. Essentially, the law is contained in the Code while the Dignitas serves as a guide for the implementation of that law

Comparative Study of the Formation of Electronic Contracts in American Law with References to International and Mexican Law

A comparative analysis of electronic contract formation law in the United States, Mexico, and the international arena is necessary to understand the evolution and future of electronic contracting. Using new communication technologies, such as developmental instruments of electronic commerce, has clear benefits, but also brings risks and uncertainties to electronic contracting. Although modern laws tend toward uniformity in modern transactions, certain aspects may still cause controversy. In purely electronic transactions, the most important legal determination concerns the establishment of an offer and an acceptance, memorialized through electronic messages absent written documentation and the human intervention of an automatic exchange. Consequently, it is necessary to find the adequate juridical solutions that will reduce, if not eliminate, any risks and uncertainties now inherent in electronic transactions. In American law, the fundamental principles of contract formation can be found in the Uniform Commercial Code, although other laws have been enacted to further regulate electronic transactions. Mexican law is codified in the Código de Comercio, the Código Civil Federal, and other related statutes. Finally, the United Nations Convention on Contracts for the International Sale of Goods governs international contract law. Although modern laws tend toward uniformity, certain aspects of contract law remain controversial, and therefore encourage review. Comparative analysis of the laws is necessary to keep pace with recent technological changes and to find adequate juridical solutions

A Comparative Study of Trademarks: USMCA (U.S.-Mexico-Canada Agreement) and NAFTA (North American Free Trade Agreement)

The definition of a trademark has expanded under the U.S. -Mexico-Canada Agreement ( USMCA \u27), which provides more protection for rights holders. Currently, these three countries are bound by the North American Free Trade Agreement ( NAFTA \u27), which has a narrow definition for trademarks. The North American Free Trade Agreement ( NAFTA \u27), which came into effect on January 1, 1994, was a significant agreement between some of the largest, strongest, and well-developed economies in the world: United States and Canada. It also helped to invigorate Mexico\u27s future economic development. NAFTA\u27s broad purpose was to regulate the exchange of capital, goods, and services across the participating countries. In regards to intellectual property specifically, NAFTA protected and enforced intellectual property rights for signatory countries and promoted innovation, economic growth, and supported job creation. Today, NAFTA\u27s success has led to negotiations for a new trade agreement- the USMCA. USMCA expands NAFTA\u27s narrow definition of trademarks and provides more protection for rights holders. This new agreement will sustain the trade relationship between the United States, Canada and Mexico, and continue to protect intellectual property rights between the signatory countries. This Article will demonstrate the significant changes from NAFTA to USMCA with respect to trademarks. First, the agreement now includes protections for intangibles, such as sounds and scents. Second, trademark owners have the exclusive right to prevent third parties from using the same or similar marks that would lead to confusion. Third, well-known trademarks are accorded special protection against third parties\u27 trademarks, even if they are not quite identical. Fourth, trademarks must be classified in accordance with the Nice Agreement Concerning International Classification of Goods and Services for the Purpose of the Registration of Marks ( Nice Agreement ). Fifth, USMCA requires dispute resolution procedures for issues concerning domain names, although it only provides coverage to top-level domain names (e.g., domain names that end in . us . mx and .ca ). Lastly, it recognizes trademark protections for geographic indicators; for example, only allowing sparkling wine to be called champagne if it is from a certain region in France

Comparative Study of the Formation of Electronic Contracts in American Law with References to International and Mexican Law

A comparative analysis of electronic contract formation law in the United States, Mexico, and the international arena is necessary to understand the evolution and future of electronic contracting. Using new communication technologies, such as developmental instruments of electronic commerce, has clear benefits, but also brings risks and uncertainties to electronic contracting. Although modern laws tend toward uniformity in modern transactions, certain aspects may still cause controversy. In purely electronic transactions, the most important legal determination concerns the establishment of an offer and an acceptance, memorialized through electronic messages absent written documentation and the human intervention of an automatic exchange. Consequently, it is necessary to find the adequate juridical solutions that will reduce, if not eliminate, any risks and uncertainties now inherent in electronic transactions. In American law, the fundamental principles of contract formation can be found in the Uniform Commercial Code, although other laws have been enacted to further regulate electronic transactions. Mexican law is codified in the Código de Comercio, the Código Civil Federal, and other related statutes. Finally, the United Nations Convention on Contracts for the International Sale of Goods governs international contract law. Although modern laws tend toward uniformity, certain aspects of contract law remain controversial, and therefore encourage review. Comparative analysis of the laws is necessary to keep pace with recent technological changes and to find adequate juridical solutions

Evolution of Legal Topics, Rights and Obligations in the United States

What new constitutional rights does the American Legal system have to offer? The United States Constitution is a document that continues to be interpreted every year. The Supreme Court hears recent cases with the purpose of interpreting the meaning of the Constitution. Since the creation of the Supreme Court, the Constitution has been analyzed in different ways – some interpretations lasting decades and some amendments going through changes depending on the different ideologies of the Justices on the Court. This article discusses some of the rights established by the Supreme Court from 2016 to 2019 and provides the background as to what led and influenced the evolution of such rights. Some of the most recent evolutions that have been decided by the Supreme Court include topics on: 1) travel restrictions, 2) digital privacy, 3) refusing services based on religious beliefs, 4) limiting dissemination on information about abortion, 5) double jeopardy, 6) detention of certain noncitizens with criminal records, 7) limiting voting rolls, 8) gerrymandering, and 9) affirmative action plans in university decisions

The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature

Introduction. - I. The principles of marriage, matrimonial consent and nullity of marriage in Canon Law. - II. The ordinary process of a declaration of nullity of marriage. The enhancement to the Code of Canon Law by the Instruction Dignitas connubii. - 1. Summary of the principal functions of the Dignitas connubii. - 2. Connections of Dignitas connubii to can. 1095 of the Code. - Ill. Recent Rotal Jurisprudence and the Dignitas connubii. - 1. Doctrine and case law. - a. Grave defect of discretion of judgment. - b. Incapacity to assume the essential obligations of marriage. - 2. Recent Rota! Jurisprudence. - a. Lack of discretion of judgment. - b. Incapacity to assume the essential obligations. - Conclusion

Foreign Patent Decisions and Harmonization: A View of the Presumption Against Giving Foreign Patent Decisions Preclusive Effect in United States Proceedings in Light of Patent Law International Harmonization, 18 J. Marshall Rev. Intell. Prop. L. 1 (2018)

This article takes a look at the important issue of global harmonization in patent law. The article takes a snapshot at issues such as recognition and enforcement of foreign patent decisions, and how courts in the United States resolve foreign patent laws disputes brought before them. Although there are numerous legal topics that can be addressed in the subject of international patent law, this article takes special focus on the pressure put on the strong presumption of territoriality in patent law because of the rapid and still growing globalization and internalization of markets and intellectual property; while also discussing on the strong presumption against giving preclusive effect to foreign patent decisions in U.S. proceedings

Comparative Study of the Formation of Electronic Contracts in American Law with References to International Law

An understanding of the basic principles that regulate contract formation is of great importance when deciphering the most appropriate ways of fom1ing a new contract or when assessing the legality of an already existing contract. While the basic rules of contract formation are generally applicable to all types of contracts regardless of the method utilized in their creation, there are some juridical rules that apply specifically to electronically created contracts

The Ecclesiastical Tribunals Field Hospital for Wounded Marriages The New Matrimonial Processes Brevoir

This article will focus on explaining the new marriage annulment processes of the Latin Church, which are found in the Motu proprio Mitis ludex Dominus lesus, although the same processes apply to the processes in the Eastern Churches. Any differences that exist between the two processes are due to the distinct ecclesiastical structure between one Church and another. This explanation will advance the following points: (1) marriage; (2) reasons for a new matrimonial process; (3) guiding principles for the new process; (4) pastoral footprint of service to the faithful in ecclesiastic tribunals; (5) actualization of the ecclesiastic structure; (6) the ordinary process and the documentary process; and (7) nature and particularity of the briefer matrimonial process before the Bishop