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Daniel Villanueva-Plasencia

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Daniel Villanueva Plasencia is a senior associate of the Intellectual Property Practice Group at Baker McKenzie Guadalajara. He has extensive experience in data privacy and information security matters; in regulatory issues related to information technologies and consumer protection; in intellectual and industrial property, especially focused on digital environments, including the use and licensing of trademarks, patents and copyrights. Before joining the Firm, he was a founding partner of a local firm in Guadalajara. During the last five years, Daniel has taught the intellectual property class at the Tecnológico de Monterrey, one of the most prestigious universities in Mexico.
In Product Regulation & Liability

Mexico: Supreme Court declares Law for Improper Advertising Practices unconstitutional

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This January 2023, the Law for Improper Advertising Practices was declared unconstitutional by the Supreme Court of Justice, considering that it violates the human rights of freedom to work, free contracting, freedom to trade and autonomy of will. However, this ruling is one isolated criterion which is not binding and has no general application yet, as it will only protect those who are parties in the “amparo” action that gave origin to the court ruling (since it is not a general declaration of unconstitutionality). Nonetheless, this is an important precedent that should be used by all the courts to grant the “amparos”, and also will help to pursue in the future a general declaration of unconstitutionality.