Firm / Organisation

TMI Abogados

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Managing Partner: Kiyoshi Tsuru
Number of partners:
Number of other lawyers: 15

Firm Overview:
TMI Abogados is a specialty boutique featuring intel- lectual property, information and communication technologies, cyberspace, copyright in digital environ- ments, digital rights management, technological protection measures, transactional, domain name protection, litigation, alternative dispute resolution practices, customs and enforcement at the border, life sciences, nanotechnology, corporate and commercial areas of law. The team is interdisciplinary, and its members have legal, engineering, business and economic backgrounds. TMI is the first and strongest law firm in Mexico with a specialised practice in technology law, which is based on the firm’s commitment to innovation, knowledge and sustainable development. The firm's impact and contribution to society is particularly reflected by its participation in the definition of public policies through different collaborations with several governmental agencies, re garding innovation and technology matters.
The firm is business-oriented, having technology, intellectual property and corporate matters at the heart of its practice. The firm balances a high degree of specialisation with hands-on experience in a considerable volume of targeted cases, participation in local and global policymaking, deep involvement in local and international fora, advisory responsibilities towards public and private bodies, a vocation for academia and commitment of its members for pro bono work. The firm’s strategic alliances with select firms and boutiques nationally and abroad, and its network of global corresponding firms allow it to render specialised and personalised services to its clients in multiple jurisdictions.

Main Areas of Practice:
Intellectual Property:
Cyber/ICT Law: 25%
Life Sciences & Nanotechnology: 20%
Corporate/M&A: 10%

Intellectual Property:
The firm is specialised in all areas of IP law, from draft- ing patent claims, prosecuting trademark legislations, and enforcing them, to negotiating and executing licenses relating to intellectual and industrial property rights. The protection of trade secrets and the implementation of organisational confidentiality models is also one of its strengths. Copyright enforcement is an area in which the firm handles a large volume of cases, particularly in software, but generally regarding works and performances. The practice has solidly expanded to prosecuting and enforcing copyrights in digital media, especially regarding the internet and notice-and-takedown procedures.

TMI Abogados has won unprecedented trademark and unfair competition cases, which has resulted in a heavy demand in these areas. The trademark practice is diverse, specialised and focused on distinctive signs, appellations of origin, litigation and counselling, licensing and technology transfer negotiations as well as the development of protection strategies for intellectual property portfolios and management thereof. Perhaps one of the practices that distinguishes the firm the most, is the one regarding domain name protection and litigation. The firm’s anti-piracy/enforcement team has one of the most intensive practices in the country. The firm has a strong inclination towards ADR, and its members participate in mediation and arbitration proceedings, as counsel to parties or as arbitrators. The firm’s IP litigation group handles delicate and intricate matters at the administrative, appeals and constitutional levels, being responsible for a series of new precedents involving complex IP, trade dress, FRAND licenses and technology matters.

Cyber/ICT Law:
The firm is known for its expertise in ICT law, particu- larly the internet. For the past years, the firm has been engaged in extensive counselling and litigation regarding standards and patents in the electronic and telecom ar- eas. The firm has extensive experience regarding digital rights management and technological protection measures, e-commerce, e-signature, e-evidence, privacy and data protection, fintech, online fraud and online piracy.

Life Sciences & Nanotechnology:
The biotech practice has advised the Mexican govern- ment on decisive policy and legal IP issues, including the patentability of genetic-related inventions and the pat- enting of nanotechnological developments. This practice works on complex nanomolecular patent issues in Mex- ico and internationally, for Mexican and foreign clients.

The firm handles all aspects of corporate law, particularly in the areas of contracts, technology deals, start-ups, cor- porations, divestitures and transactions. The firm also represents clients on matters involving securities. Clients retain the firm to negotiate, execute and enforce distribu- torship, license and franchise agreements. Another field of expertise is the appraisal of tangible and intangible assets.
The corporate practice also covers foreign investment, government contracts and venture capital.

International Work:
The firm serves clients and other law firms from the United States, Europe, Canada, Latin America and Asia, as well as IGOs, conducting business in English, French, Japanese and Spanish.

The firm serves clients who are leaders in the follow ing industries and sectors: software, computer science, systems development, mobile phones, telecommunications, entertainment, videogames, education, electronic goods manufacturing, appliances, optical instruments, apparel, eyewear, industrial design, infrastructure, construction, big data, internet of things, development, banking, healthcare clinics, pharmaceuticals, OTCs, cosmetics, nanotech, fintech, home care, personal care, wine, alcoholic beverages, processed food, bottled water, beer, mining, drilling, domain name/online branding, movies, television, public performance, broadcasting, book and magazine publishing, internet publishing, toy manufacturing, metal industry and textiles. The firm also counsels the Mexican government in matters regarding innovation, technology transfer, intellectual property, and software. The firm counsels a considerable number of the major innovation centres in the country, from the Ministry of Economy, the Office of the President, the National Institute of Entrepreneurship, to the Mexican Institute of Genomic Medicine, National R&D centres and has provided specialised assistance to the Ministry of Economy in the negotiation of free trade agreements. Recently, the team was profoundly involved in the implementation of the United States Mexico Canada Agreement in Mexico, enhancing the dialogue between relevant stakeholders and Congress members. The firm had a decisive role in explaining technical aspects to promote intellectual property rights protection and enforcement in the country.