VILA Attorneys at Law
Partner

Elias Rios

Partner

Patents and Litigation.

Elias has +25 years of experience, he is responsible for assisting top universities and companies engaged in pharma and other industries with proficiency and sharp advice in terms of commercial and litigation strategies. 

His expertise includes also a wide spectrum of matters going from freedom-to-operate opinions to full scale litigation proceedings as well as the negotiation and drafting of transactional agreements. 

He is the key player on the firm’s patent litigation practice. Mr. Rios has successfully undertaken competition/antitrust consultation. Copyrights and franchising issues are also a common practice for him having ample experience in enforcement for Software Industry. 

With studies in patent practice in Japan, he is actively involved in consulting, strategies for the protection of technological developments and has been lecturer in various national and international universities and business forums in Mexico and abroad. Mr. Rios has participated as co-author in several IP specialized books and Certified Consultant by the Ministry of Economy.

 

HOBBIES

Some of Elias interests are: 

  • Playing soccer 
  • Playing the drums in a music band 

 

 

Elias highlights in the following success cases: 

  • Elías Ríos has been ranked since 2011 in the rankings of different international specialized magazines such as Chambers & Partners, Iam Patent 1000, Iam Strategy, Benchmark Litigation, Legal 500, IP Stars, World Trademark Review, Latin Lawyer, Best Lawyers and Leaders League.

  • In patent matters, he heads the team in VILA that advises Robert Bosch in Mexico, Maquisa - a leading company in the development of cleaning systems for industrial sectors.

  • In Litigation he has successfully defended one of our clients involved in the automotive industry against trademark infringement by a third party; recovered the registration of the trademark of tequila produced by one of the main producers in Mexico; obtained important precedent-setting judgments by the Mexican Judiciary; and led successful negotiations for one of the most important national exporters and packers in the field of vegetable products. 

  • VILA was approved as IP service provider for the second largest public university in Mexico. Due to its capability in handling patent files, Elias Rios´team work hand-by-hand with inventors in order to help them to perform prior art searches as well as decide the most suitable venue for protection and drafting of applications. 

  • The Mexican Trademark Office granted the registration of a trademark confusingly similar to one of the recognized and previously registered marks of one of our clients. Our firm lodged an administrative trial ruled on June, 2019, declaring the cancellation of the contested mark.  This matter has been one of the most relevant cases of for our firm in 2019, since protected a tequila produced by one of the main Tequila companies of Mexico. 

  • Litigation team headed by Mr. Rios obtained a positive ruling which ordered the granting and registration a trademark of one of our clients, bared for a third-party mark bearing identical denomination. This resolution is coherent with the list of aspects that are relevant to determine the confusion between trademarks set by the Mexican Federal Judiciary.  Our client is one of the most important national exporters and packers in the vegetable products field.  Litigation team headed by Mr. Rios was able to demonstrate differences between the marks. 

  • A third party registered several mark previously used (unregistered) by our client and started an infringement action against the client alleging the misuse of what in reality are its own brands. Mr. Rios was entrusted by the client to (i) defend the infringement action; and (ii) nullify the third party’s brands in order to be able to register them under their name. After several litigation proceedings and stages, the firm has successfully defended the client from the infringement and nullified the third parties brands. The client is currently obtaining the registration of such brands with the assistance of Mr. Rios. 

  • VILA has been appointed as Mexican counselor for a worldwide Patent agencies, based on India and Chinaand the most recent Law Firm on IP supporting it in order to broad and strength the protection of patent matters. Patent team headed by Mr. Rios provide services that includes Prior Art Searches, freedom-to-operate opinions and drafting patent applications in Mexico. 

  • Patent team headed by Mr. Rios is completed a first stage of Prior Art Searches and submitting new patent applications in Mexico.  Regarding litigation, Mr. Rios handles infringement actions against unfair competitors commercializing products bearing confusingly similar brands. 

  • Mr. Rios was responsible of IP due diligence over Espaciomovil IP portfolio to transfer its rights as part of a major M&A operation. 

  • By patented technology, current titleholder became a leader company in the manufacture, sale and leasing of Mobile Offices, Classrooms, Restrooms, Modular Buildings, Modular Construction Systems, Prefabricated Buildings, Prefabricated Warehouses and Mini Storage Units.

2021 
Comité de Occidente de la Asociación Mexicana de la Propiedad Intelectual

Appointed President of the Western Committee of the Mexican Intellectual Property Association.

2011-present
Highlighted in the rankings of the following international specialized magazines:
  • Chambers & Partners 
  • Benchmark Litigation
  • Best Lawyers  
  • Iam Patent 1000
  • Iam Strategy
  • IP Stars
  • Latin Lawyer
  • Leaders League
  • Legal 500
  • World Trademark Review
2021
Asociación Mexicana para la Protección de la Propiedad Industrial, A.C

"Retrospective Analysis of the Criminal Reforms in Industrial Property and Copyright". 

Center for International Legal Studies in Austria

 Honorary Member

Organización Mundial de la Propiedad Intelectual yBusiness Software Alliance

"Workshop on Mediation of Disputes in the Information Technology Industry".  

Instituto Mexicano de la Propiedad Industrial/ Barra Mexicana Colegio de Abogados, A.C.  

"Intellectual Property Dispute Resolution". 

Oficina Europea de Patentes/ Asociación Mexicana para la Protección de la Propiedad Industrial, A.C./ Instituto Mexicano de la Propiedad Industrial

"Professional Representation in the Industrial Property Field Comparison between Europe and Mexico". 

 

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