Current Conditions of Use Claims in the Pharmaceutical Sector in Mexico
by Daniel Sánchez, Pedro Herrera and Agustín Azcatl During 2012, a significant change has occurred in Mexico regarding the wording of the first medical use claims that are acceptable by the Mexican Institute of Industrial Property (IMPI). In the past, IMPI used to grant first medical use claims similar to the so called “Swiss type claims”. That is, any [...]
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Crossed wires: protecting medicines in Mexico
by Daniel Sánchez and Víctor Ramírez Trademark registration system Trademarks in Mexico are regulated under the Industrial Property Law (IPL) and its regulations. In general, businesses, merchants, or service providers can use trademarks in industry, commerce or in the services they render (Article 87, IPL). The right to their exclusive use is obtained through their registration with the [...]
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The first balanced approach to protecting copyright online
BY LUIS SCHMIDT Partner Mexico’s draft copyright bill could be the first to effectively combine the interests of stakeholders in the digital copyright debate. In an attempt to protect their rights online, copyright owners have traditionally targeted Internet Service Providers (ISPs) who provide access to digital networks, render hosting or search engine services or connect through [...]
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When copyrights and patents collide
by Luis Schmidt Let us begin with a few definitions. Copyright law concerns the rights afforded to works used in media. Rights (patrimonial rights) can be exclusive or non-exclusive rights to use a work. Works are original expressions by authors that a final user can read, view or listen. However, reading, viewing or listening is not [...]
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Design protection can be broadened
by Roberto Salgado Mexican Industrial Property Law provides for protection of a model in any three-dimensional shape that may serve as a pattern for the manufacture of an industrial product. The model can be embodied by an entire product or only a part. Where priority from a foreign design application is claimed, such protection may be [...]
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