World Intellectual Property Organization

Mexico

Constitution of the United Mexican States (as amended up to February 9, 2012)

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Mexico

Date of Text (Adopted):February 5, 1917
Type of Text:Constitution / Basic Law
Subject Matter:Other
Notes:
Constitution published in the Official Journal of the Federation on February 5, 1917 - Last reform published in DOF on February 9, 2012.

The Constitution is the highest law in Mexico. It is considered to be the first Constitution to include a systematic array of social rights, among which we find: freedom of association, freedom of expression, right to access education etc. The Constitution is divided into two parts, the dogmatic and the organic. Within the dogmatic part we have the individual guarantees, whereas the organic part concerns the division of powers and the fundamental organization and functioning of major State institutions.

According to the Constitution, Mexico is constituted as a representative, democratic and federal Republic, consisting of free and sovereign States for all matters concerning their internal affairs, but united in a federation established according to the principles set forth under the fundamental law. The States adopt for their internal system, a republican form of government, which shall be representative, rooted in the people and based on a territorial division with the political and administrative organization of the Free Municipality.

The Federal Congress has exclusive authority to legislate on specific matters, which are listed under Article 73 of the Constitution. Within these exclusive authority and in line with the powers set forth under sections X, XXI, XXV, XXIX-F, XXIX-G and XXIX-H of Article 73, inter alia, the regulation of most Intellectual Property and related subject matters, fall within the Federation’s authority.

Article 28 of the Constitution establishes the basis for the main IP laws. “In the same manner, the following are not considered to be monopolies; the privileges granted for a determined period of time to authors and artists for the production of their works and the exclusive use privilege of inventions granted to inventors or others improving an existing invention.”
Available Texts: 
Spanish

Constitución Política de los Estados Unidos Mexicanos (modificada al 9 de febrero de 2012) Constitución Política de los Estados Unidos Mexicanos (modificada al 9 de febrero de 2012), Complete document (pdf) [902 KB]

Related Legislation:
WIPO Lex No.:MX099

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