ARTICLE
21 August 2020

Proposal To Modify The Patent Linkage System Established In The New IP Law In Mexico

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
One month after being published and before the new Federal Law for the Protection of Industrial Property (new IP Law) enters into force; the Lower Chamber of Representative, recently published two...
Mexico Intellectual Property
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One month after being published and before the new Federal Law for the Protection of Industrial Property (new IP Law) enters into force; the Lower Chamber of Representative, recently published two proposals to reform the law and limit the scope of the patent linkage system, as follows:

  • Expressly ban the granting of use patents/claims.
  • The publication of the linkage gazette must be a list of patents for reference medicines provided by the Mexican regulatory agency (COFEPRIS).
  • The way of communication between COFEPRIS and the Patent Office (IMPI) will be through a gazette issued by COFEPRIS in which it will include an active ingredient patent for each reference medicine.
  • It expressly establishes that health authorizations should not be denied when there are formulation or use patents.

In general, the initiatives contradicts the provisions of Article 28 of the Constitution and various articles of the Industrial Property Law. Likewise, the initiative contradicts the patent system itself, as well as the USMCA which is already in force.

We consider that the proposal has low chances to be approved as presented, however, it could be considered the most recent and new pressure by those against the rule of law, as it has occurred the last 15 years through the various attempts to limit the patent linkage system, but now under the scenario of the expected regulations of the law due by-December of this year, approximately. The battle to have influence in the regulation of the law in connection to patent linkage, already started.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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