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LFPCA Amendments Impose Shorter Timelines for Administrative Litigation

Jan -2016 On June 2016, the Code for Contentious Administrative Federal Proceedings (LFPCA) was amended. The LFPCA is applied by the Federal Court for Tax and Administrative Affairs (FCTA) and its specialized Benches for IP and Regulatory matters. The code sets out the procedure for challenging any administrative acts or decisions issued by agencies within [...]
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Chapter 18 of the TPP hits the life science industry in Mexico.

At the midway of the current administration of Mexico, the Mexican government was living its best moment in decades; qualified voices around the globe were assuring and cheering the financial, trade and politic reforms, which were announced by President Peña Nieto since the very beginning of his mandate, namely: eleven structural reforms needed to transform [...]
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Relevant news on Trademarks in Mexico. Opposition System Under Construction

Nov -20|5 The Mexican Senate is to discuss a draft of amendments for introducing trademark opposition proceedings in the Mexican Industrial Property Law (MIPL). As you may know different to most of countries Mexico has no opposition proceedings during trademark applications prosecution. The main points of the draft are the following: 1. Pre-registration system (First [...]
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Right of Reply

Nov -2015 By Luis Schmidt Effective February 4, 2016, Mexican Congress has passed a new law in connection with the constitutional right of reply. Right of reply has been defined as the chance for people to ask from sources of information to clarify false or imprecise statements that affect the honor, private life or image. The [...]
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Data protection exclusivity for biologics

by Ingrid Ortiz Mexico still lacks of a specific body of legislation for data protection exclusivity (DPE). But, over the past few years, thorough litigation, based on an interpretation of international treaties (NAFTA & TRIPs) along with the Mexican legislation related to approval of new molecules (new chemical entities, formulations and new indications), means DPE for new chemical entities, formulations and new indications has been [...]
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Protecting non-visible signs

by Carlos Reyes Trademarks are distinctive signs because they distinguish products or services from others of the same type or category in the market. Thus, no matter if they are composed by a word, a phrase, a design, a color or a combination of colors, sounds or even fragrances, trademarks are characterized and have to be [...]
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Final consensus on the TPP free trade agreement. (Trans-pacific Partnership)

Oct -2015 On October 5th 2015, Mexico and its new 11 partners finalized the negotiations of the most ambitious free trade agreement ever. The member states of the agreement govern approximately 40% global trade and so this agreement has significant ramifications for many of the world’s businesses buying and selling goods and services abroad. In [...]
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Jurisdiction of IP authorities

by Diego Palacios Recently, the Mexican Trade Mark Office found that a Mexican company had infringed the image of a Mexican actor. However, the use was found in an advertisement for a hairstyling product in a store in Puerto Rico. The authority sustained that since the parties were both Mexican and the related product was made [...]
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Energy reform promises tech transfer, patenting and investment bonanza for Chinese oil and gas players

by Osvaldo Amaral When Mexico enacted the monopoly-breaking energy reforms back in December 2013 and its implementing regulations in August 2014, there was a clear objective in doing so: to stop the declining production by Mexico´s state oil and gas company, Pemex, and transform the Mexican oil and gas industry. The previous Mexican energy regulatory framework [...]
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IMPI changes approach to trade mark reclassification

by Liliana Rojas Trademark registrations used to be granted based on a request by the applicant to obtain protection for certain products or services that were initially classified according to a national classification. Eventually Mexico adhered to the Nice Agreement whereby the international classification system was adopted. The International Classification of Goods and Services for the [...]
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