Recent decision of unfair competition in the gray market for medicines in Mexico.

May 4, 2022

Following our newsletter dated on June 25 2021, related with increment of gray market of medicines in Mexico. In many of those cases, importers and distributors alleged a non-direct use of the trademarks, mentioning that the products were requested directly by patients and/or the insurance companies. We would like to share that OLIVARES obtained a decision at the first stage, where the enforcing Authority declared trademark infringement, disregarding defenses based on non-trademark use. The decision concludes that when the accumulation and the evaluation of evidence as a whole, show active and improper participation of the accused infringer in the circulation of these products in the Mexican drug market. This decision may be appealed by defendant, but it represents a good precedent to reduce and avoidcontest unfair competition on the gray market of medicines in Mexico.