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Framework for biotherapeutic products established

POR DANIEL SÁNCHEZ Y JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, IP FOCUS LIFE SCIENCES 7TH EDITION 2009 For many years, Mexico lacked a particular regulation for biotherapeutic products, specifically those manufactured through biotechnology. Although these products were available for patients in the domestic market, their approval by the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) was […]

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Improved protection for personalities

POR LUIS C. SCHMIDT Y ABRAHAM DÍAZ MANAGING INTELLECTUAL PROPERTY, OCTOBER 2006 Effective from May 20 2006, the Federal District’s local congress (the Federal District of Mexico comprises part of Mexico City’s metropolitan area) passed legislation to protect the human personality and likeness. The statute was entitled Law of Civil Liability for the Protection of the Right to Private […]

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Whither Rental Rights?

POR LUIS C. SCHMIDT, SOCIO WORLD INTELLECTUAL PROPERTY REVIEW 2008 International copyright law has embraced the question of whether copyright owners-or neighbouring rights holders- should be entitled to rental rights and, if so, whether said rights should be rendered as exclusive or remunerative. Answers have been discussed in international and regional treaties as well as in […]

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Make your case online

BY JUAN LUIS SERRANO AND ERWIN CRUZ MANAGING INTELLECTUAL PROPERTY, IP FOCUS AMERICAS 5TH EDITION 2009 Before 2003, all acts by authorities with jurisdiction over IP affairs in Mexico, specifically the Mexican Patent and Trademark Office (IMPI) and the Mexican Copyright Office (INDAUTOR), had to be challenged before Federal Courts, which did not have full capacity to review [...]
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Battling counterfeits through Customs

POR ISRAEL LEDESMA MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, MARCH 2010 Mexico has been facing a significant problem regarding the sale and distribution of counterfeit products for many years. The Mexican government, with the collaboration of IP rights owners, has taken various enforcement actions against counterfeiters. The most noteworthy of these have been the actions taken at the [...]
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Getting the Deal Through – Patents 2010

POR CESAR RAMOS JR., ALEJANDRO LUNA Y JUAN LUIS SERRANO GETTING THE DEAL THROUGH – PATENTS 2010 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 […]

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Specialised IP court corrects IMPI

BY CARLOS REYES The Mexican Trademark Office (IMPI) usually applies strict criteria concerning trade mark likelihood of confusion and distinctiveness. In order to determine marks’ confusing similarity, examiners base their exam on an “analysis of the similarities”, determining this from the existence of a common element and disregarding the marks’ overall impression. Additionally, examiners almost never [...]
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Protecting trade dress

BY MARIA FENTON MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, APRIL 2010 Mexican intellectual property law protects producers, manufacturers, and service providers of all types from having the distinctive features of their products copied, exploited or reproduced without the proper authorisation. Intellectual property law allows protection for these products via distinctive signs covering trade marks, trade names, slogans, [...]
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Pharmaceutical trademarks

POR ALEJANDRO LUNA, SOCIO WORLD TRADEMARK REVIEW, COUNTRY CORRESPONDENT: MEXICO, OCTOBER/NOVEMBER 2009 A DRUG MARKETING AUTHORIZATION CAN BE GRANTED ONLY IF THE NAME APPLIED FOR VARIES BY AT LEAST THREE LETTERS FROM PREVIOUSLY REGISTERED NAMES. HOWEVER, THIS RULE IS NOW BEING CHALLENGED FRAMEWORK The Institute of Industrial Property (IMPI) is the administrative authority charged with granting trademark [...]
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Repercussions expected on medicine advertising campaign in Mexico

POR VÍCTOR RAMÍREZ WORLD TRADEMARK REVIEW, DECEMBER2009/JANUARY 2010 A RECENT HIGH-PROFILE MARKETING INITIATIVE BY A MEXICAN PHARMACEUTICAL COMPANY APPEARS TO BE A CLEAR EXAMPLE OF UNFAIR COMPETITION. THIS ARTICLE PUTS THE CAMPAIGN IN CONTEXT AND LOOKS AT THE LIKELY OUTCOME FOR THE ADVERTISER A bold new television advertising and publicity campaign was launched recently by a [...]
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