POR CESAR RAMOS JR., ALEJANDRO LUNA Y JUAN LUIS SERRANO GETTING THE DEAL THROUGH – PATENTS 2010 PATENT ENFORCEMENT PROCEEDINGS  1 LAWSUITS AND COURTS WHAT LEGAL OR ADMINISTRATIVE PROCEEDINGS ARE AVAILABLE FOR ENFORCING PATENT RIGHTS AGAINST AN INFRINGER? ARE THERE SPECIALISED COURTS IN WHICH A PATENT INFRINGEMENT LAWSUIT CAN OR MUST BE BROUGHT? The only competent authority to hear[...]

BY ALEJANDRO LUNA, PARTNER AND JUAN LUIS SERRANO MANAGING INTELLECTUAL PROPERTY, MAY 2007 A NEW SYSTEM LINKING THE HEALTH AND PATENT AUTHORITIES MAKES IT POSSIBLE TO CHALLENGE PHARMACEUTICAL MARKETING AUTHORIZATIONS. Recent developments in Mexico’s legal system address the relationship between health and industrial property-related provisions and now allow owners of certain types of industrial property to challenge[...]

BY CESAR RAMOS, JR., PARTNER AND LUIS C. SCHMIDT, PARTNER MANAGING INTELLECTUAL PROPERTY, APRIL 2006 ELEVEN YEARS AFTER MEXICO JOINED THE INTERNATIONAL PATENT SYSTEM, LUIS SCHMIDT AND CÉSAR RAMOS OF OLIVARES & CÍA LOOK AT THE RECENT CHANGES TO THE PCT SYSTEM, AND CONSIDER THEIR IMPACT IN MÉXICO. The Patent Cooperation Treaty (PCT) was conceived with the purpose[...]

BY YURI VAZQUEZ, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, JULY/AUGUST 2009. Mexico is closer than it ever has been in history to granting compulsory licences due to a national emergency.   According to Article 77 of the Industrial Property Law (IPL), the declaration of compulsory licensing by cause of emergency is not automatic, as it requires inter alia compliance[...]

BY OSWALDO AMARAL, MANAGING INTELLECTUAL PROPERTY, INTERNATIONAL BRIEFINGS, DECEMBER 2009. Following a trend in several major patent offices around the world with respect to the protection of business method-related patents, the Mexican Patent Office is shifting more decisively towards summarily rejecting applications seeking to protect such inventions.   This year, the Mexican Patent Office has issued[...]