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St. Mary's University

Faculty Articles

2003

Roberto Rosas

Articles 1 - 3 of 3

Full-Text Articles in Law

Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas Jul 2003

Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas

Faculty Articles

A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …


Las Marcas En El Tratado De Libre Comercio De America Del Norte, Roberto Rosas Jan 2003

Las Marcas En El Tratado De Libre Comercio De America Del Norte, Roberto Rosas

Faculty Articles

In this essay, the author analyzes the regulation of trademarks in the NAFTA and its influence on Mexico's legislation on that matter. In the first part, the author explains in general terms the content of the NAFTA, and afterwards, he refers to the rules of Chapter XVII on industrial property. Moreover, he explains the protection derived from this agreement in connection with trademarks, and later, he refers to the normative framework of trademarks in Mexico, which is a result both of legislation and international treaties. Finally, he makes a comparison between Spanish Law on Trademarks of 2001, the rules of …


Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas Jan 2003

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International And Mexican Law, Roberto Rosas

Faculty Articles

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, …