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Innovative data protection

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, NOVEMBER 2008 Regulatory authorities in many countries, including Mexico, require the applicant for a marketing authorisation for a new drug to provide data concerning the safety and efficacy of that drug. A company that develops a drug does not have an option, when bringing it to [...]
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Patent links hold health authorities to account

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, MAY 2007 A NEW SYSTEM LINKING THE HEALTH AND PATENT AUTHORITIES MAKES IT POSSIBLE TO CHALLENGE PHARMACEUTICAL MARKETING AUTHORIZATIONS. Recent developments in Mexico’s legal system address the relationship between health and industrial property-related provisions and now allow owners of certain types of industrial property to challenge […]

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An introduction to the PCT

BY CESAR RAMOS, JR., PARTNER AND LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, APRIL 2006 ELEVEN YEARS AFTER MEXICO JOINED THE INTERNATIONAL PATENT SYSTEM, LUIS SCHMIDT AND CÉSAR RAMOS OF OLIVARES & CÍA LOOK AT THE RECENT CHANGES TO THE PCT SYSTEM, AND CONSIDER THEIR IMPACT IN MÉXICO. The Patent Cooperation Treaty (PCT) was conceived with the purpose […]

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Amendments proposed to franchise regulation

POR GUSTAVO A. ALCOCER, SOCIO Y CARLOS WOODWORTH M. MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFING, APRIL 2005 On November 30 2004, the Senate sent for revision to the Lower Chamber of Representatives (Cámara de Diputados) a Decree to amend the Mexican Industrial Property Law. Among other amendments, the Decree includes amendments to Article 142 of the Law. Until [...]
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Passing on good advice

BY JOSÉ I. DE SANTIAGO THE WORLD INTELLECTUAL PROPERTY REVIEW 2007 For many years now, we have read several articles in special­ized magazines and have heard expert lectures in a number of conferences stating the ways to deal with counterfeiting in México. Most of these Iectures and articles are oriented toward an academic explanation of [...]
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Technology tangle: Mexico

BY SERGIO L. OLIVARES, JR. PARTNER WHILE TRADE DRESS RIGHTS MAY BE ENFORCED AGAINST THIRD PARTIES UNDER UNFAIRCOMPETITION PROVISIONS, THE SCOPE OF PROTECTION AFFORDED TO MOST UNREGISTERED RIGHTS IS LIMITED TO SERVING AS A DEFENCE AGAINST CLAIMS MADE BY A LATER REGISTRANT OF A SIMILAR OR IDENTICAL MARK. The Mexican Law of I ndustrial Property (LIP) [...]
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Regulating grey goods

BY VÍCTOR RAMÍREZ MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, FEBRUARY 2010 Although grey goods, also known as parallel imports, are regulated under the Mexican Industrial Property Law (IPL), the IPL treats grey goods bearing trade marks very differently from those involving patents. In the case of trade marks, the law is very similar to that of the [...]
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New criterion for recognising letters of consent in Mexico

BY ALEJANDRO LUNA, PARTNER AND CARLOS ALBERTO FLORES RUIZ. Historically, the Mexican Trademark Office (IMPI) has recognised letters of consent as a valid means to overcome anticipations cited during the prosecution of a trademark application. Through a letter of consent, the owner of a senior registered trademark and a trademark applicant express their consent to registration, [...]
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Composite trade marks

BY ARMANDO ARENAS In Mexico, the Mexican Trademark Office (TMO) has been reluctant to grant registrations for composite trade marks, especially those involving the protection of the shape of bottles. Arguably, this is because the TMO improperly focuses its analysis solely on the shape of the bottle, without studying the collection of elements as a whole. [...]
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IP court instituted

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO-LEETS. MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, FEBRUARY 2009. The creation of the specialised intellectual property section of the Federal Court for Tax and Administrative Affairs (FCTAA), which began functioning on January 5, marks an important development in the Mexican intellectual property landscape. The specialised IP section of the FCTAA has [...]
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