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 59 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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Border measures against importation of medical patents
by Fenarnda Díaz In 2012, the Mexican Institute of Industrial Property (IMPI) initiated the first border measures remedy against the importation of an active ingredient, due to the alleged administrative infringement of a patent. Although that was not the first border measures action imposed by IMPI based on patents, it was the first occasion that IMPI [...]
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Getting the Deal Through – Data Protection & Privacy 2014
by Gustavo Alcocer and Paulina Villaseñor Law and the regulatory authority 1 Legislative framework Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Have any international instruments on privacy or data protection been adopted in your jurisdiction? The legal framework for PII protection is found in [...]
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Good news for filmmakers in Mexico
by Abraham Díaz In a recent landmark case, the producers of the most-seen Mexican documentary film were sued by relatives of a deceased person, whose corpse was briefly showed at the beginning of their documentary film. Complainants were alleging the unauthorized use of the “image” of the deceased person on grounds of Section 87 of the [...]
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