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Effective use of a trade mark

by Martha Celis The trade mark system in Mexico faces several problems because there are numerous trade mark registrations in the Registry that were granted to identify a lot of products and/or services within one class. In commercial practice these trade marks are not used to identify each and every product and/or service protected, but only [...]
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Mexican Supreme Court ruled on the “recreational” use of cannabis

May -2014 At the end of this year, the Mexican Supreme Court of Justice debated wherein "recreational" use of cannabis should be authorized by the Federal Commission for Protection against Sanitary Risk (COFEPIRS), the Mexican Health Regulatory Agency. A Mexican no profitable association, conformed by four individuals contested a refusal of a petition filed before [...]
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Renewing efforts to establish trademark opposition proceedings in Mexico

by Alonso Camargo Mexico is one of the few countries in the world which does not provide for trademark opposition proceedings.  Under the Industrial Property Law, the Mexican Institute of Industrial Property (IMPI) is the administrative authority legally empowered to conduct *ex officio* examination of trademark applications on absolute and relative grounds. While the current system [...]
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The International Comparative Legal Guide – Patents 2014

by Alejandro Luna & César Ramos 1          Patent Enforcement 1.1       How and before what tribunals can a patent be enforced against an infringer? The only avenue to enforce a patent is through administrative proceedings (an infringement action) before the Mexican Patent Office (IMPI) which is not a court of Law.  There is a proposal under discussion in the [...]
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New guidelines for acceptance of Pharmaceutical Trademarks

OLIVARES - Page 58 Sep -2013 The Federal Agency from the Ministry of Health in charge of granting the marketing authorization for pharmaceutical products (COFEPRIS) has released an official communication providing new guidelines for the acceptance of pharmaceutical trademarks (called distinctive names under the health law and regulations). The official communication had an internal character, [...]
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NOM 257 modifies linkage system

by Alejandro Torres A draft of Mexican Official Standard NOM-257-SSA1-2013 that will affect the way the procedures for obtaining marketing authorisations for medicaments are performed, as well as renewal and modifications of those authorisations, is under review. Mexican Official Standards (NOM) aim to ensure compliance in terms of values, quantities and minimum or maximum characteristics in [...]
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