Supreme Court: individuals can register marks
by Varinia Calleros Mexican IP Law states that industrial companies, traders and service providers may use their marks in commerce, and that the exclusive right to use the marks is obtained through a registration granted by the Mexican Trademark Office. Based on those, brand owners have been attempting to invalidate trademark registrations in the name of [...]
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Life Sciences – Multi-jurisdictional Guide 2012: Mexico
by Alejando Luna REGULATORY OVERVIEW 1. What is the regulatory framework for the authorisation, pricing and reimbursement of drugs, biologicals and devices (as they are termed in your jurisdiction)? Legislation The main regulatory framework in relation to medical products is set out in the following federal laws: - General Health Law (Ley General de Salud) (LGS). [...]
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How to prevent frivolous actions
Having spent years litigating IP matters, I have shared the frustration of clients who have been forced to intervene in administrative litigation because they are being frivolously accused of having committed an administrative infringement; their trademarks have been misappropriated; or their IP rights are being attacked in an ungrounded manner, through counterclaims that are filed in response to infringement actions previously filed by the owner of the [...]
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Getting the Deal Through – Patents 2012
by César Ramos, Alejando Luna, Juan Luis Serrano & Erwin Cruz Patent enforcement proceedings 1 Lawsuits and courts What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought? The only competent authority to hear and decide a patent infringement suit is [...]
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Surge of Patent Application Final Rejections Provides Unique Opportunity for Patent Precent Making
by Osvaldo Amaral In the past year or so, the Mexican Patent Office has issued record numbers of arbitrary and criteria-less final rejections for Mexican patent applications in basically across all technology areas. Most of the final rejections have been directed to computer-implemented inventions and business method-related inventions. Under Mexican patent law and practice, a final [...]
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