Administrative Law

OLIVARES is Mexico’s clear leader for actions against the government and constitutional actions, specifically related with IP and regulatory matters in the life science and other industries. With over 40 years’ experience litigating and advising clients in the administrative branch of law no other firm in the IP field possess the same capabilities related to administrative litigation and constitutional actions.

Mexico has in recent years signed a series of international treaties. Many times Mexican law is silent or contradicts the rights established in the international treaties and general consulting, in the regulatory arena. The resulting reality is that in order to bring domestic law into line with the international standards provided within these treaties companies generally have to file Constitutional Actions to enforce these provisions.

The chair of the Administrative Practice Group, Alejandro Luna, has dramatically shaped the intellectual property legal system in Mexico and has spearheaded a fifteen-year litigation strategy that has resulted in regulation changes and a new precedent for patent linkage regulations, life terms of pipeline patents and data package exclusivity in Mexico.

OLIVARES were the first IP firm in Mexico to tackle this problem and remain one of the few that can comprehensively handle this area of law. In fact Olivares are the only IP firm registered as lobbyists before the Mexican Government. Our work crafting the administrative changes in Mexico allows us to better navigate a sometimes-tricky administrative and regulatory environment; simply put, our expert knowledge is unparalleled.

It should further be noted that Mr. Luna is currently the sponsor of an important proposal to modify the system of litigation and enforcement of intellectual property rights in Mexico.

Amparo suits are actions against the government and constitutional actions in the administrative arena. We have recently filed following Amparo suits and administrative actions against:

  • The no-publication of patents in the linkage gazette
  • The undue refusals and abandonment of patents
  • The non-recognition of Data Package Exclusivity
  • The unlawful awards in public tenders for patent infringing products
  • The refusals of COFEPRIS approvals for renewals or advertising permits
  • Disqualifying clients from the list of providers to the Mexican Government
  • General consulting on administrative affairs

And to obtain:

  • The  cancellation of marketing authorizations in violation of exclusive rights
  • Additional protection for IP rights established in international treaties. (including Constitutional Actions)
  • The change of codes of the National Formulary of Medicines to overcome unfair competition

Consultation in:

  • Legal framework, requirements and conditions to commercialize and advertise pharmaceutical, cosmetic, biologic, veterinarian products in Mexico
  • Legal framework and conditions to conduct clinical trials in Mexico