BY LUIS C. SCHMIDT, PARTNER WORLD INTELLECTUAL PROPERTY REVIEW 2008 WHITHER RENTAL RIGHTS? International copyright law has embraced the question of whether copyright owners-or neighbouring rights holders- should be entitled to rental rights and, if so, whether said rights should be rendered as exclusive or remunerative. Answers have been discussed in international and regional treaties as […]

by Luis Schmidt The advent of 3D printing presents new challenges for intellectual property owners—particularly in the realms of trademarks and patents. While copyright law has evolved through the years to protect copyrighted works from mass infringement on the Internet, there has been less need for laws protecting patented inventions and trademarked products online, as it [...]

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 JUAN LUIS SERRANO, On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice.  The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of “practical utility” of the […]

BY JUAN LUIS SERRANO, On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice.  The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of "practical utility" of the [...]

Mexico intends to pass a new law to fully recognize DPE rights in the domestic law. by Alejandro Luna In previous newsletters regarding Data Package Exclusivity (DPE) in Mexico we highlighted that the domestic law was silent in the recognition of DPE rights. We also commented that in January 2008, the Mexican Health Regulations were amended [...]

BY ALEJANDRO LUNA SOCIO REGULATORY OVERVIEW 1. Please give a brief overview of the regulatory framework for medicinal products/pharmaceutical products/drugs (as they are called in your jurisdiction), including the key legislation and regulatory authorities. If biotechnology products are treated differently, please specify the differences. The main regulatory framework in relation to medical products is mainly set [...]

By Sergio L. Olivares, Jr., Alejandro Luna, Daniel Sánchez By the end of the 2013, the Mexican Supreme Court published a landmark decision that now is public available that certainly will impact the legal framework of the Pharmaceutical Industry in Mexico. Fact pattern of the case. A pharmaceutical company developed an innovator biologic medicine.   The Regulatory Agency in [...]

            No.1 - Jan 2015 New guidelines for approvals and renewals of biologics.   On 9th February 2015, the recently issued Mexican Official Standard Rule NOM-257-SSA1-2014 for Biologics ("NOM 257") will enter into effect. This Standard Rule was published in the Federal Official Gazette on 11th December 2014 by the Head of [...]

No. 10 - July 2012 Formulation patents included in the Linkage Gazette for the first time.After nine years of linkage regulation in Mexico, on July 31, 2012, for the first time, the Mexican Patent Office (IMPI) included in the Linkage Gazette formulation patents in accordance to the 2010 ruling of the Mexican Supreme Court. For more information [...]