Drugs patent reforms introduced
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[...]
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Supreme Court upholds the worth of formulation patents
BY ALEJANDRO LUNA PARTNER EARLIER THIS YEAR THE SUPREME COURT ISSUED WELCOME CLARIFICATION ON HOW THE LINKAGE REGULATION APPLIES TO FORMULATION PATENTS AND THEIR PUBLICATION IN THE LINKAGE GAZETTE. On 13th January 2010 the Supreme Court issued a groundbreaking decision on the interpretation of the Linkage Regulation, which has been in force for six years. The decision[...]
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THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: PATENTS 2012
A PRACTICAL CROSS-BORDER INSIGHT INTO PATENTS LAW CHAPTER 17 – MEXICO by Alejandro Luna & César Ramos, Jr. . . READ THE FULL CHAPTER here (Adobe Acrobat Reader required to view this article). “This article appeared in the 2011 edition of The International Comparative Legal Guide to: Patents; published by Global Legal Group Ltd, London.”
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Linkage Gazette proves a useful tool
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[...]
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Proving patent infringement
BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2002 The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action[...]
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Proving patent infringement
BY ALEJANDRO LUNA, PARTNER MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2002 The Mexican Industrial Property Law (IPL) grants a patentee the right for the exclusive exploitation of the patented invention. Therefore, the patent gives the right to exclude others from making, using, offering for sale or importing the covered invention. Briefly, in a patent infringement action[...]
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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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