How data affects innovation
by Gustavo Alcocer & Enrique Lara Personal data protection has always been recognised as a fundamental human right by most jurisdictions all over the world. In Mexico it was not until a few years ago, when amendments were made to our legal system to regulate personal data protection, following international principles of transparency, legitimate use and proportionality[...]
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New registry for security interests
POR RICARDO CADENA MANAGING INTELLECTUAL PROPERTY, DECEMBER 2010 / JANUARY 2011 Enforcing security interests is not always as simple as we may want it to be, especially when it comes to chasing debtors who retain title or possession of secured IP, or any movable asset colateral, where the debtor can assign or set that asset as[...]
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A practical cross-border insight into merger control
por Gustavo Alcocer & Carlos Woodworth 1 Relevant authorities and legislation 1.1 Who is/are the relevant merger authority(ies)? The Federal Competition Commission, which is an administrative agency independent from the Mexican Ministry of Economy, has technical and operational autonomy to issue its resolutions. The Commission is integrated to exercise merger authority by public officials, divisions and administrative[...]
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Approval of follow-on biologics in Mexico
por Armando Arenas y Juan Luis Serrano The Mexican General Health Law was reformed on 11th June 2009 to include Article 222bis, which defined biotechnological drugs and allowed for the approval of so-called “biocomparables”. The decree came into force on 8th September 2009 and the Ministry of Health had a 180-day period to issue all the specific regulations pertaining[...]
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Patent Prosecution Highway in Mexico
Managing Intellectual Property, April 2011 There is good news for applicants in Mexico of patents claiming Paris Convention priority or PCT applications. As of March 1st, 2011, the Mexican Patent and Trademark Office launched a pilot program whereby they Patent Department will accept as valid the examination carried by an Examiner of the United States Patent[...]
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Mexico should accept secondary meaning
by Carlos A. Reyes Managing Intellectual Property, March 2011 According to Article 153 of the Mexican Industrial Property Law, a mark can be cancelled from the register when it has become in trade and for relevant consumers, the usual name of the products or services it was registered for. This referenced provision regulates the case of[...]
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