BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO CHAPTER 30, THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: PHARMACEUTICAL ADVERTISING 2009 GENERAL – MEDICINAL PRODUCTS 1.1 WHAT LAWS AND CODES OF PRACTICE GOVERN THE ADVERTISING OF MEDICINAL PRODUCTS IN MEXICO? Advertising of medicinal products in Mexico is mainly governed by the General Health Law, and the Regulations of the General […]

BY DANIEL SÁNCHEZ MANAGING INTELLECTUAL PROPERTY, APRIL 2004 On September 19, 2003, a Decree was published in the Official Gazette of the Federal Government, with amendments to the Regulations of the Health Law as well as to the Regulations of the Law on Industrial Property. The purpose of the amendments is to establish coordination rules between […]

BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, MARCH 2007 Before the Linkage Regulation in Mexico, the health authorities granted marketing authorizations for pharmaceuticals when the applicant complied with the regulatory requirements, without reviewing possible violations of patent rights. In short, marketing authorizations granted in the past for patented pharmaceutical products to non-authorized third parties [...]

BY JOSÉ I. DE SANTIAGO MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, APRIL 2002 The Mexican Law of Industrial Property establishes certain exclusions for the enforcement of patents. Among these exclusions, article 22 part I establishes that a patent would not produce any effect against a third party, which in a private or academic environment, with non-commercial purposes, […]

BY OSVALDO AMARAL MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, SEPTEMBER 2005 Applicants interested in protecting business methods and software related inventions in Mexico are not completely prevented from protecting these types of inventions if certain considerations are taken into account. Although Article 19, Section III of the Law of Industrial Property expressly deems business methods per se and software per […]