ALERT: Actions to stop grey market medicines in Mexico!
June 25, 2021
Derived from our in-house investigation, along with several reports of clients, we have identified Mexican companies that offer on-line, prescription/controlled medicines at lower prices than the regular price in the legal Mexican market. In some cases, these medicines would fall within the gray or black market.
We have implemented a combination of actions whith positive results to overcome or diminished this illegal activity.
In case you are aware that this situation is happening to products of your company, we will be willing to review the matter and prepare a tailor-made program, suggesting some or the combination of the following legal actions:
Recordal of Trademarks before Mexican Customs.
Official request of information to the Mexican Government.
Sanitary Complaint before COFEPRIS.
Administrative infringement actions before the Mexican Patent and Trademark Office (“IMPI”).
Criminal Actions before the Atorney General´s Office.
Civil actions based on unlawful competition, among others.
The litigation and anti-counterfeiting department of OLIVARES will continue efforts to stop this increasing activity of grey and black market of medicines in Mexico.
FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:
Alejandro Luna F.
Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.