A resolution of the Supreme Court of Justice of Mexico that put an end to the long and exhausting litigation that lasted about eight years, gave the reason to García Bernal, arguing that his rights guaranteed in the Federal Law of Copyright of Mexico they were raped. The Mexican subsidiary of the British firm Diageo, which makes some of the most famous liqueurs in the world, such as Smirnoff vodka, Buchanans whiskey, Don Julio tequila and Zacapa rum, lost the case after the publicity campaign was broadcast. ” Walking with Giants “in 2011 and 2012.
Unanimously, the First Chamber of the Court established that García Bernal has the right to be compensated, in order to be granted “reparation for material and / or moral damage, as well as compensation for damages for violation of the rights conferred” by law.
The sum, according to the verdict, “in no case will be less than 40% of the sale price to the public of the original product or the original provision of any type of services that imply violation of one or more of the rights protected by this Law”.
The Court reversed the sentence handed down last January by a collegiate circuit court (of cassation), which considered this article not applicable to the case, but had to be calculated based on the generic rules for non-pecuniary damage, provided for in the Civil Code.
The file will go back to lower courts to calculate the compensation, but the ruling can no longer be reversed. With this resolution, a long litigation began in September 2013 that was harshly disputed in the Mexican courts culminated.
García Bernal, whose career was catapulted after the film “Amores Perros”, from 2000 (directed by his compatriot Alejandro González Iñárritu, winner of 4 Oscars), as well as “And your mother too”, from 2001 (under the baton of another famous Mexican Alfonso Cuarón, winner of 2 Oscars) fought his case fiercely before the Mexican justice.
The actor pointed out that, as part of Johnny Walker’s campaign, between September 3 and October 6, 2011, 22 television spots of the whiskey were broadcast in reference to his image, without any permission or compensation being requested. some.
Ignacio Castañeda, a lawyer for the company, argued that the copyright law “is unconstitutional and creates legal uncertainty.” “Based on this precept, a person can claim three concepts: pecuniary damage, non-pecuniary damage and damages, either in one or more lawsuits,” he said.
However, the author of the draft judgment, Supreme Court magistrate Lucía Piña, pointed out that “the right to one’s own image is fundamental” and has “several dimensions”, but does not imply “twice condemning the payment of the same provision “, by defending tooth and nail its constitutionality.
For now, García Bernal, who has collaborated on some projects with his old friend and no less famous Diego Luna, since they worked together on “Y tu mama tambien”, has not yet reacted to the resolution, which was already expected since it was known. the position of Judge Piña.
Protagonist of the Chilean film “No” (2012) and “La Mala Educación”, by the legendary Spanish director Pedro Almodóvar, García Bernal twice portrayed the Cuban-Argentine guerrilla Ernesto “Ché” Guevara in “Diarios de Motóvil”, by the director Brazilian Walter Salles and in the miniseries “Fidel”.
Last year, the American newspaper The New York Times placed the Mexican on its list of the 25 Best Actors of the 21st Century.
Source From: Ambito
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