If you are starting a project and plan to use social media to make it known, it is very important that you consider protecting your intangible assets from the beginning, even before registering your profiles or usernames.
The distinctive signs that you are most likely to use in social media and that we recommend you to protect by registering them with the Mexican Institute of Industrial Property (IMPI) are:
- Trademark – a sign that is perceived by the senses, that can represent and distinguish a product or service. Usually it can be the name of your project and/or a logo.
- Commercial advertisement – phrases or sentences that distinguish you from your competitors and that refer to your project. Also known as “Slogan”.
- Trade Name – is the identity of your business. The trade name is the denomination of your trade, establishment, company or industry. It allows your customers to identify your establishment.
Depending on your activities, line of business or services, you may require more than one registration before the IMPI to protect your name, logo, trademark or any other distinctive sign. If you have any doubts, you can contact our team of industrial property lawyers, who will help you to protect the identity of your project in social media.
Alan Petz Cantú
Gloria Ponce de León & Hernández
Did you know that leasing can be classified as a vulnerable activity for money laundering?
The Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (LFPIORPI), regulates the activities that are likely to be used for money laundering and terrorist financing.
Within the catalog of activities, article 17, section XV of the LFPIORPI, states that the constitution of personal rights of use or enjoyment of real estate is a vulnerable activity; however, not all leases, by themselves, have this character, because according to the same precept to be considered of this nature, they must be for a monthly amount equal to or greater than 1,605 times the value of the UMA, which are around $154,433.10 pesos, this to be within the identification threshold and $308,866.20 for the notice threshold, considering that the UMA is $96.22 pesos in this 2022
Therefore, not all lessors have the obligation to register their lease as a vulnerable activity, nor comply with the obligations in terms of money laundering prevention; Only those whose monthly income exceeds the indicated threshold have this duty.
If they are in the cases of vulnerable activity, people must comply, among others, with the following obligations:
- Identify your client or user, and if applicable, the controlling beneficiary.
- Submit notices on the 17th of each month.
- Appoint a representative of the obligations (in the case of legal entities)
- Protect and prevent the destruction and concealment of information supporting operations.
- Provide the necessary facilities in case of verification, and
- Prepare a manual of policies and procedures for the verification and updating of data provided by customers.
Currently, the Anti-Money Laundering Law contemplates more than 20 direct and indirect obligations to adequately comply with the Prevention regime, which help to mitigate risks and non-compliance opens the possibility of being credited with some type of administrative sanction, such as It can be the exorbitant fines that range from $17 thousand to $5.8 million pesos for each omission, or from 10% to 100% of the total value of the operation subject to this regime.
Lic. Javier Estrada V.
Gloria Ponce de León & Hernández
When we talk about institutionalizing a Company, we refer to the adoption of organizations, structures, and processes that provide the company with great benefits, such as plans for continuity, stability, and corporate security for shareholders and investors.
Corporate governance guarantees an adequate application of strategies and regulations that bring with them positioning and stability of a company in the market.
It should be noted that companies, large or small, are, among other things, successful since they maintain a strategic structure in different essential areas such as their shareholders, administrative bodies, management and more.
Among the benefits that we can highlight of having a corporate governance that institutionalizes your company are the following:
- Investors Relationship: if something is important for an investor at the beginning of talks with any company, it is being able to verify that it has structure in its documents, work projects and plans for continuation in the event of a contingency, this gives them security. with your investment and gives you perspective on how the business is going.
- Public Relations: how to act before a media contingency, whatever the situation, is extremely important for any company, since not doing it correctly could be extremely damaging.
- Continuity plan: The continuity of the company is of the utmost importance, both for its shareholders and for potential investors, employees and the economy in general, to have a continuity plan in which there can be transparency in the accountability of accounts, as well as the establishment of responsibilities and obligations for each area are among the objectives of this type of plan.
At GP&H we can support you to carry out an analysis and implement corporate governance that meets the specific needs of your business.
Gloria Ponce de León & Hernández
Last May 18 of this year, Representative María del Rosario Merlín García presented an initiative so that image creators “inﬂuencers” who have a professional activity are declared “audiovisual communication service providers” and are registered with the Ministry of Finance and Public Credit as “Professional Service Workers”, in order to pay taxes if they are paid for the content they disseminate on social networks; this through the addition of Article 32 Bis to the Federal Consumer Protection Law.
This initiative highlights that the videos that individuals upload to social networks every day to highlight some chapter of their daily life or empathize with friends will be exempt from this regulation; likewise, it establishes that for a digital image creator to be considered an audiovisual communication service, it must meet certain requirements such as: it must be an economic service, be a service aimed at the general public, and the function of the content must be mainly to inform, educate or entertain, among others.
The purpose of this initiative is to regulate misleading advertising, which, according to the initiative, has had public repercussions with notorious cases of promotion of anorexia, compulsive gambling or even drug addiction; as well as to regulate the payments received by inﬂuencers through different platforms, registering with the Ministry of Finance and Public Credit as “Professional Services Workers”.
Among the obligations of creators in the field of digital advertising that are intended to be added in Article 32 Bis of the Federal Consumer Protection Law are: To have the means of proof that accredit the veracity of the objective aﬁrmations regarding their product or service, prior to its dissemination; To have the authorizations or licenses for the use of distinctive signs or works protected by copyright in advertising; Register with the Ministry of Finance and Public Credit whenever they are remunerated by charging an amount of money and adding the legend #PublicacionPaga in their social networks; among others.
For further information on the note, please contact us.
See the complete Initiative at: https://infosen.senado.gob.mx/sgsp/gaceta/65/1/2022-05-18-1/assets/documentos/Ini_Morena_Dip_Rosario_Div_Disp_Proteccion_Consumidor.pdf
Source: Gaceta del Senado de la República. Retrieved September 07,2022 from: https://www.senado.gob.mx/64/gaceta_del_senado/documento/126048
Mariana Z. Crespo Alcalá.
Gloria Ponce de León & Hernández.