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 […]
BY VARINIA CALLEROS International Non-Proprietary Names (INNs) are names for pharmaceutical substances or active pharmaceutical ingredients recognised as public property. They are treated as generic names by international authorities, with around 8,000 published at present. The World Health Organisation (WHO) provides guidelines for its member states, of which Mexico is one, on the use of INNs […]
POR ALEJANDRO LUNA Y JUAN LUIS SERRANO LIFE SCIENCE IP FOCUS, 8TH EDITION, MANAGING INTELLECTUAL PROPERTY 2010 MEXICO’S DRUG REGULATORS ARE PREPARING TO ISSUE NEW RULES ON BIOCOMPARABLE DRUGS. Mexico’s General Health Law was reformed on June 11 2009 in ways that will have an important impact on patent owners within the pharmaceutical and life sciences industries. […]
POR ARMANDO ARENAS INTERNATIONAL BRIEFINGS, MANAGING INTELLECTUAL PROPERTY, OCTOBER 2010 According to the current wording of the Mexican IP Law, injunctions can be imposed during the course of an infringement action related to trademarks, patents or slogans, and the plaintiff has to post a bond of an amount fixed by the Patent of Trade Mark Office […]
POR ROMMY MORALES INTERNATIONAL BRIEFINGS, MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2010 Article 19, section VII of the Mexican Industrial Property Law establishes, inter alia, that methods of therapeutic treatment applicable to the human body and to animals shall not be considered as inventions; as a result, such methods are expressly excluded from patentability. However, under Mexican law and […]