Mexico

Country code:

MX

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
Horizon 2020	European Commission	EU-Mexico	Research activities; Collaboration; Staff exchange; Other.	The conditions and constraints are established. They depend on the type of the action or the specific actions.
Competitiveness and Innovation Programme Mexico-EU	Mexican Government - EU	EU-Mexico	Support and technical assitance, research activities, other.	Only Mexican SMEs that export to Europe.
Institutional Fund of Scientific, Technologic and Innovation Development (FORDECyT)	National Council for Science and Technology (CONACYT)	Mexico	Research activities and human development.	Research must be to the benefit of the region.
Institutional Support	National Council for Science and Technology (CONACYT)	Mexico	Research activities, human development, staff exchange, other.	The conditions and constraints are well defined.

Partner search facilities:


Name	Description	Scope	Costs
Thematic Research Networks	Catalog of research networks divided into different topics. Every network has its own website that promotes increasing of colaborations between the individuals of the same field of study.	Mexico	Free of charge
Integrated System of Information Regarding Scientific Investigation, Technologic Development and Innovation	Database designed for enterpreuneurs and researchers in relation to the whole scientific and technology system of Mexico. It has information regarding projects (such as the ones described above), statistics, national institutions, etc.	Mexico	Free of charge

Resources of information:


Name	Description	Costs
Integrated System of Information Regarding Scientific Investigation, Technologic Development and Innovation	Database designed for enterpreuneurs and researchers in relation to the whole scientific and technology system of Mexico. It has information regarding projects (such as the ones described above), statistics, national institutions, etc.	Free of charge
Ibero-American Programme for Science, Technology and Development	Agreement signed by 19 Latin American countries, Spain and Portugual, which aims to combine different perspectives and visions to promote cooperation in Research and Innovation for the development of the Latin America region. It aids not only the transfer of knowledge, intel, experience but helps with funding as well.	Free of charge
PILA - Network of Intellectual and Industrial Property in Latin America	The aim is to create a learning platform for exchanging management practices in respect of intellectual property in Higher Education Institutions in Latin America. With the modernization of management practices in respect of intellectual property in Higher Education Institutions in Latin America, PILA aims to encourage interaction between universities and businesses, thereby contributing to economic and social development.	Free of charge

Institutions supporting R&D collaboration:


Name	Description
National Council for Science and Technology (CONACYT)	Descentralized institution in charge of the promotion of science and technology policies in Mexico and also funding via its sectorial funds.
Mexican Council for Science and Technology (COMECYT)	The institution that disseminates and develops new technologies to promote social welfare and cooperation between Mexican institutions.

Legal framework for R&D cooperation:


Name of the agreement	Description
Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States	The Agreement aims to encourage, develop and facilitate cooperative research and development activities in fields of science and technology of common interest between the EU and Mexico.
Agreement between the Government of the United States of America and the Government of the United Mexican States on Cooperation in Science and Technology for Homeland Security Matters	The Agreement aims to establish a framework to encourage, develop and facilitate bilateral cooperative activity in science and technology and for other homeland security matters that contribute to the homeland security capabilities of both Parties.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Federal Law on Copyright	yes	National Institute of Copyright (INDAUTOR)
Patents	Industrial Property Law	yes	Mexican Institute of Industrial Property (IMPI)
Utility models	Industrial Property Law	yes	Mexican Institute of Industrial Property (IMPI)
Trade marks	Industrial Property Law	yes	Mexican Institute of Industrial Property (IMPI)
(Industrial) designs	Industrial Property Law	yes	Mexican Institute of Industrial Property (IMPI)
Geographical Indications	Industrial Property Law	yes	Mexican Institute of Industrial Property (IMPI)
Know How	not protected	-	-
Plant Breeders Rights	Federal Law on Plant Varieties	yes	National Service of Seed Inspection and Certification (SNICS)
Topographies of Semiconductor Products	Industrial Property Law	yes	Mexican Institute of Industrial Property (IMPI)

IPRs' databases:


Name of the source	What information can I find?	Language
Siga: Industrial Property Database	Information system regarding all the resolutions published in the Mexican gazette of industrial property.	Spanish
MARCANET	Online Trademarks database.	Spanish
National Catalog of Plant Varieties	Catalog containing all the vegetable varieties within the Mexican States.	Spanish
Latipat	Latipat is an access point for searching public patent documents of Latin America and Spain using the Espacenet platform.	English, Spanish, Portuguese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs
Patents/Utility models
Industrial Designs
Topographies of Semiconductor Products
Trade Marks
Copyright	The following kinds of use do not infringe copyright:	Fair use: text quotation, when reproduction is non-substantial; copy of parts of a work for scientific, literary or artistic critique and investigation; private copying on just one occasion by an individual, academic, investigative or non-profit institution; copy made by libraries or archives for the purpose of preserving or security. Reproduction of complete works or parts of a work, if it is done for nonprofit purposes and for the sole aim of making the work accessible to the blind, the deaf or the mute	Federal Law on Copyright

IP Office:


Name of the office	Scope of activities
Mexican Institute of Industrial Property (IMPI)	IMPI is the Federal Government agency to regulate industrial property rights, including patents, utility models, industrial designs, trademarks, geographical indications and topographies of semiconductor products.
National Institute of Copyright (INDAUTOR)	National institution that regulates the national copyright system.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	yes
Hague Convention		no
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Creator / inventor
Default (statutory) regime for employee’s creations	Industrial property: Employer shall be the owner of industrial property produced in course of employment where an employee is hired to conduct research and development, as long as the employer is defined as such in the contract. If the employee is hired for other purposes, the invention belongs to him. The employer, however, has the priority right to purchase or license the invention. Copyright: This issue is regulated in the labour contract, usually the employer shall be the owner of economic rights. However, if there is no specific clause in the contract, the ownership is divided equally between the parties. If there is no contract whatsoever (in a written form), the ownership belongs fully to the employee.
Ownership of research results in publicly sponsored research	No specific regulation
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	No
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	No
Related law (name & link)	Industrial Property Law, Article 163 Federal Law on Copyright, Article 84

Dissemination rules:


Limitations on publication	Information not available
Specific rules regarding publication of scientific results financed by public bodies	None
Non-disclosure clauses in research contracts	No specific rule, but is commonly used.

Specific incentives for innovation activities:


Related Law (name & Link)	For up-to-date information, please consult the web-site of the National Council for Science and Technology (CONACYT)
Incentives provided by law for individual researchers	Grants, scholarships and research funding.
Related Law (name & Link)	For up-to-date information, please consult the web-site of the National Council for Science and Technology (CONACYT)
Incentives provided by HEI for researcher	Grants, scholarships and research funding.

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Transfer, Licensing of IPRs	Written form, identifying all the parties taking action in transfering or licensing.	None	HEIs normally form Technology Transfer Offices, for example (link) and partnerships with local government, for example (link)	Industrial Property Law Federal Law on Copyright

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
In case of employment relationships, where the created industrial property belongs to the employer, the employer must compensate the employee when the profits derived from the invention are not commensurate with the salary received by the employee.	Information not available	Information not available	Information not available	Industrial Property Law, Article 163

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Information not available