Recent decision of unfair competition in the gray market for medicines in Mexico.
May 4, 2022
Following our newsletter dated on June 25 2021, related with increment of gray market of medicines in Mexico. In many of those cases, importers and distributors alleged a non-direct use of the trademarks, mentioning that the products were requested directly by patients and/or the insurance companies. We would like to share that OLIVARES obtained a decision at the first stage, where the enforcing Authority declared trademark infringement, disregarding defenses based on non-trademark use. The decision concludes that when the accumulation and the evaluation of evidence as a whole, show active and improper participation of the accused infringer in the circulation of these products in the Mexican drug market. This decision may be appealed by defendant, but it represents a good precedent to reduce and avoidcontest unfair competition on the gray market of medicines in Mexico.
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Alejandro Luna F.
Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Abraham Díaz is a partner and co-chairs OLIVARES’ Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on copyright, trademarks, unfair competition, litigation, licensing and prosecution matters.