Constitutional & Administrative Litigation
The litigation team at OLIVARES is a leader in Mexico in providing sophisticated advice on administrative and constitutional matters, combining the skills and technical and legal experience acquired over more than fifty years, which has allowed the firm to participate regularly and successfully in strategic litigation against government entities and acts of authority at the highest levels.
OLIVARES advises clients from various industries related to constitutional and regulatory aspects, bids, international treaties, local and federal laws, decrees, Mexican official standards, among others, on the applicable legal frameworks in Mexico to best protect their interests. The firm has obtained important judicial resolutions achieving the declaration of unconstitutionality of federal laws that have allowed clients to preserve their rights, resulting in improved business outcomes.
Some of these successful cases, carried out before the Mexican Supreme Court of Justice, through legal arguments detailing the correct interpretation of the linking system (Article 167 bis of the Health Supplies Regulation) so that patent that protect pharmaceutical formations would also be published in the Linkage Gazette, not only those patents that protect active principles. This decision also included a declaration of unconstitutionality regarding the audience of the patent gazette, leveling the playing field for patent owners. OLIVARES also obtained the declaration of unconstitutionality of Section VII of Article 5 of the Regulations of the Industrial Property Law for violating the applicant’s audience guarantee and not requiring the corresponding translation into Spanish.
The litigation team has extensive experience in contentious proceedings before PROFECO, the Federal Court of Administrative Justice, local Contentious Courts, COFEPRIS, the National Institute of Transparency, local and federal courts, as well as various federal administrative bodies. The firm also advises on public procurement before various local, federal, and international administrative authorities such as UNOPS.
When it matters the most, clients turn to OLIVARES, whose constitutional and administrative litigation experience has helped shaped the legal and regulatory landscape in Mexico for more than half a century.
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Alejandro Luna F.