Mexican Congress Amends IP Law

BY JUAN LUIS SERRANO, PATENT DOCS, 2010 On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice.  The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of “practical[...]
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Mexico to Issue Regulations for Approval of “Biocomparable” Drugs

BY JUAN LUIS SERRANO The Mexican General Health Law was reformed on June 11, 2009 to include an article 222 bis, which defined biotechnological drugs, and allowed for the approval of “biocomparables.”  The decree came into force on September 8, 2009, and the Ministry of Health had a 180-day period to issue all specific regulations pertaining[...]
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Pharmaceutical Trademarks 2010/2011 – A Global Guide

BY VICTOR RAMIREZ SELECTION, CLEARANCE AND REGISTRATION NATIONAL AND INTERNATIONAL REGULATORY BODIES AND REQUIREMENTS Trademarks in Mexico are regulated under the Industrial Property Law and its regulations. Industrialists, merchants and service providers can use trademarks in industry and commerce, or for the services that they provide (Article 87 of the law). The exclusive right to use[...]
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No legal basis for banning names derived from INNs

BY VARINIA CALLEROS International Non-Proprietary Names (INNs) are names for pharmaceutical substances or active pharmaceutical ingredients recognised as public property. They are treated as generic names by international authorities, with around 8,000 published at present. The World Health Organisation (WHO) provides guidelines for its member states, of which Mexico is one, on the use of INNs[...]
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Mexico gets ready to approve biocomparable drugs

POR ALEJANDRO LUNA Y JUAN LUIS SERRANO LIFE SCIENCE IP FOCUS, 8TH EDITION, MANAGING INTELLECTUAL PROPERTY 2010 MEXICO’S DRUG REGULATORS ARE PREPARING TO ISSUE NEW RULES ON BIOCOMPARABLE DRUGS. Mexico’s General Health Law was reformed on June 11 2009 in ways that will have an important impact on patent owners within the pharmaceutical and life sciences industries.[...]
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Reform of preliminary injunctions

POR ARMANDO ARENAS INTERNATIONAL BRIEFINGS, MANAGING INTELLECTUAL PROPERTY, OCTOBER 2010 According to the current wording of the Mexican IP Law, injunctions can be imposed during the course of an infringement action related to trademarks, patents or slogans, and the plaintiff has to post a bond of an amount fixed by the Patent of Trade Mark Office[...]
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Swiss format kept for medical use claims

POR ROMMY MORALES INTERNATIONAL BRIEFINGS, MANAGING INTELLECTUAL PROPERTY, SEPTEMBER 2010 Article 19, section VII of the Mexican Industrial Property Law establishes, inter alia, that methods of therapeutic treatment applicable to the human body and to animals shall not be considered as inventions; as a result, such methods are expressly excluded from patentability. However, under Mexican law and[...]
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Filing regulations modified

BY GEORGINA FLORES In order to update the means of receiving documentation, the Mexican Patent Office (IMPI) has amended the Rules for filing applications by means of an Act published on March 18 2010 in the Official Gazette. The Act is effective from the following day. Relevant issues in this Act include those referred to in[...]
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