BY VICTOR RAMIREZ SELECTION, CLEARANCE AND REGISTRATION RELEVANT BODIES AND REQUIREMENTS Trademarks in Mexico are regulated under the Mexican Industrial Property Law (IPL) and its regulations. Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they render (Article 87 of the IPL). The exclusive right to use a […]
BY GEORGINA FLORES MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, SEPTEMBER 2008 In recent months, the Mexican Patent Office (IMPI) has changed its practice regarding the time limit to file divisional applications. In cases where divisional applications are filed as a result of a requirement regarding lack of unity of the invention, they must be filed simultaneously with […]
BY DANIEL SÁNCHEZ MANAGING INTELLECTUAL PROPERTY, APRIL 2004 On September 19, 2003, a Decree was published in the Official Gazette of the Federal Government, with amendments to the Regulations of the Health Law as well as to the Regulations of the Law on Industrial Property. The purpose of the amendments is to establish coordination rules between […]
BY ALEJANDRO LUNA PARTNER EARLIER THIS YEAR THE SUPREME COURT ISSUED WELCOME CLARIFICATION ON HOW THE LINKAGE REGULATION APPLIES TO FORMULATION PATENTS AND THEIR PUBLICATION IN THE LINKAGE GAZETTE. On 13th January 2010 the Supreme Court issued a groundbreaking decision on the interpretation of the Linkage Regulation, which has been in force for six years. The decision […]
A PRACTICAL CROSS-BORDER INSIGHT INTO PATENTS LAW CHAPTER 17 – MEXICO by Alejandro Luna & César Ramos, Jr. . . READ THE FULL CHAPTER here (Adobe Acrobat Reader required to view this article). “This article appeared in the 2011 edition of The International Comparative Legal Guide to: Patents; published by Global Legal Group Ltd, London.”
BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, MARCH 2007 Before the Linkage Regulation in Mexico, the health authorities granted marketing authorizations for pharmaceuticals when the applicant complied with the regulatory requirements, without reviewing possible violations of patent rights. In short, marketing authorizations granted in the past for patented pharmaceutical products to non-authorized third parties […]
BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2002 The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action […]