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.” 

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[...]

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[...]

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[...]

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.[...]

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS PATENT YEARBOOK 1996 Mexico has granted protection inventions since 1832. Various laws were promulgated over the following years, until finally in 1991 the current Law was passed. It introduced substantive amendments to improve the protection of industrial property rights which were, at least partially, forerunners of the North American[...]

BY LUIS C. SCHMIDT PARTNER Exhaustion of rights, as an exception to the rights afforded by IP laws, has been recognized in the laws of many countries in the world. In general terms, it implies that the owner of intellectual property rights cannot oppose the further trading of products embodying its rights, if and to the[...]

BY LUIS C. SCHMIDT AND CESAR RAMOS JR. PARTNERS MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2000 The explosive growth of the internet has triggered the ongoing development of a huge variety of software programs used for a multiplicity of business methods and processes. In the United States, the State Street (State Street Bank & Trust Co v Signature Financial Group Inc., No. 96-1327[...]