chapter  5
Mexican Laws Concerning the Recognition and Enforcement of Property Rights and Intellectual Property Rights
WithJosé Luis Caballero Leal
Pages 24

The protection of author's rights in Mexico has historical references to the Colonial Period, because the Spanish legal system established our legal foundations. Protection was granted during the author's life plus thirty years after his death, at which time his successors became entitled to royalties. Protection under Mexican law is obtained merely from the creation of the intellectual work itself, and no further step or formality is necessary. For some commentators, the publication of the said Decree meant the recognition that author's rights protection extended to computer software. In 1846, a Decree on Literary Property was enacted, treating author's rights as property rights, but limiting them in time to the author's life plus thirty years. The rights inherent in the person cannot be the subject of property rights because they have no value or economic importance, being non-commercial, not unlike the right of individual freedom, the right to life, and freedom of thought and expression.