New procedural law for constitutional challenges
by Walter Galeana The Mexican Constitution was amended on June 6 2011, with the intention of obliging every authority in the country to respect human rights and international treaties. These amendments also included a need to reform the procedural law regulating the Amparo trial, through which constitutional challenges are brought. The Amparo trial is heard by [...]
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Filing reforms will save paper and money
by Mariana García Much has been written about the paperless office in recent years, and the rapid development of IT is enabling an increasing number of paperless practices. Paradoxically, consumption of paper has increased exponentially since the increased availability of computers and printers. The main reason is that we have become conditioned to use paper since [...]
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Altering the distinctive sign of a mark
by Jaime Rodríguez According to the Mexican Industrial Property Law, trademarks must be used in the national territory as they were registered or with modifications that do not alter their distinctive character. If a trade mark is not used for three years in connection with the corresponding goods or services, it will be vulnerable to a [...]
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Patents rejected for lack of proof
by Pedro Herrera In the past three years, the Mexican Institute of Industrial Property has increased the number of office actions objecting to a claimed invention due to a lack of support in the description, which has resulted in the conclusion that applicant is seeking a greater scope of protection than originally claimed. The objection is [...]
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PPH programmes in Mexico
by Mauricio Sámano The patent prosecution highway (PPH) is a programme in which the applicant enjoys an expedited examination of his patent application, leading to a considerable reduction in the time taken to obtain its possible grant. The Mexican Intellectual Property Office (IMPI) has PPH pilot programmes with the Korean Intellectual Property Office (KIPO), SIPO in [...]
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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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