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Approval of follow-on biologics in Mexico

por Armando Arenas y Juan Luis Serrano The Mexican General Health Law was reformed on 11th June 2009 to include Article 222bis, which defined biotechnological drugs and allowed for the approval of so-called “biocomparables”.  The decree came into force on 8th September 2009 and the Ministry of Health had a 180-day period to issue all the specific regulations pertaining […]

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Global Pharmaceutical Linkage Regulations: A Proposed Analytical Framework

POR JUAN LUIS SERRANO Prompt and affordable access to essential medicines is a component of almost all domestic and global public health models. As is now well known, the availability and costs of both brand and generic drugs is a function of traditional patent law incentives. Less known, however, is that generic entry is controlled increasingly […]

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Patent Prosecution Highway in Mexico

Managing Intellectual Property, April 2011 There is good news for applicants in Mexico of patents claiming Paris Convention priority or PCT applications.  As of March 1st, 2011, the Mexican Patent and Trademark Office launched a pilot program whereby they Patent Department will accept as valid the examination carried by an Examiner of the United States Patent […]

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Mexico should accept secondary meaning

by Carlos A. Reyes Managing Intellectual Property, March 2011 According to Article 153 of the Mexican Industrial Property Law, a mark can be cancelled from the register when it has become in trade and for relevant consumers, the usual name of the products or services it was registered for. This referenced provision regulates the case of […]

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Data Package Exclusivity (DPE). Mexico intends to pass a new law to fully recognize DPE rights in the domestic law.

Mar -2011 In previous newsletters regarding Data Package Exclusivity (DPE) in Mexico we highlighted that the domestic law was silent in the recognition of DPE rights. We also commented that in January 2008, the Mexican Health Regulations were amended concerning generic medications, eliminating the requirement to prove safety and efficacy for generics, which was substituted [...]
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Data Package Exclusivity (DPE)

Mexico intends to pass a new law to fully recognize DPE rights in the domestic law. por Alejandro Luna In previous newsletters regarding Data Package Exclusivity (DPE) in Mexico we highlighted that the domestic law was silent in the recognition of DPE rights. We also commented that in January 2008, the Mexican Health Regulations were amended [...]
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Design and trade dress protection Mexico

BY LUIS C. SCHMIDT PARTNER WORLD TRADEMARK REVIEW, JULY/AUGUST 2008 MEXICAN LAW PROVIDE PROTECTION TO DESIGNS USED AS TRADE DRESS FOR BOTH PRODUCTS AND SERVICES BY VIRTUE OF INDUSTRIAL DESIGN, COPYRIGHT OR TRADEMARK LAW, AS WELL AS BY UNFAIR COMPETITION. Design is perhaps the most interdisciplinary subject in IP law. The notion of design embraces everything [...]
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Scope of new specialised courts widened

POR ERWIN CRUZ MANAGING INTELLECTUAL PROPERTY, FEBRUARY 2011 In 2008, the Federal Court for Tax and Administrative Affairs (FCTAA) created a Specialized IP Court to decide all the cases related to IP rights, which started work in January 2009. But whenever cases referred to arguments based on International IP Treaties, such as the Paris Convention or [...]
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Congress Amends IP Law

BY ERWIN CRUZ On 20th September 2010 a new decree came into force, reforming several provisions of the IP Law related to patent practice. The main amendments are as follows: The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of the “practical utility” of the invention and to support such […]

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