POR ALEJANDRO LUNA SOCIO PATENT DOCS, 2010 On Friday, August 13, 2010, the Mexican Trademark and Patent Office (IMPI) made available through its website the new edition of the Linkage Gazette (Mexican health and IP law regulations require IMPI to publish a gazette every six months listing patents in force that cover allopathic drugs). Regrettably, IMPI […]
POR GUSTAVO ALCOCER SOCIO Y CARLOS WOODWORTH M. ICLG TO: MERGER CONTROL 2011, CHAPTER 28 MEXICO 1. RELEVANT AUTHORITIES AND LEGISLATION 1.1. WHO IS/ARE THE RELEVANT MERGER AUTHORITY (IES)? The Federal Competition Commission, which is an administrative agency independent from the Mexican Ministry of Economy, has technical and operational autonomy to issue its resolutions. The Commission is […]
BY JUAN LUIS SERRANO Back in 2003, Mexico enacted linkage regulations to avoid the granting of marketing authorizations in violation of patent rights. The system created by these regulations is far less elaborate than the one set forth by the Hatch-Waxman act in the U.S., as there is no extension/term restoration, and there is no possibility […]
BY JUAN LUIS SERRANO, PATENT DOCS, 2010 On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice. The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of “practical […]
BY JUAN LUIS SERRANO The Mexican General Health Law was reformed on June 11, 2009 to include an article 222 bis, which defined biotechnological drugs, and allowed for the approval of “biocomparables.” The decree came into force on September 8, 2009, and the Ministry of Health had a 180-day period to issue all specific regulations pertaining […]
BY VICTOR RAMIREZ SELECTION, CLEARANCE AND REGISTRATION NATIONAL AND INTERNATIONAL REGULATORY BODIES AND REQUIREMENTS Trademarks in Mexico are regulated under the Industrial Property Law and its regulations. Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they provide (Article 87 of the law). The exclusive right to use […]