The key point of conversation in the Mexican patent, and wider IP, community continues to be the Federal Law on the Protection of Industrial Property, which came into force two years ago and replaced the former Industrial Property Law. Practitioners are still buzzing about the changes the new law brought...
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The key point of conversation in the Mexican patent, and wider IP, community continues to be the Federal Law on the Protection of Industrial Property, which came into force two years ago and replaced the former Industrial Property Law. Practitioners are still buzzing about the changes the new law brought forward, including things like clarity on what is non-patentable and the inclusion of a Bolar exemption, allowing for the import by third parties of patented active drug ingredients for the purpose of conducting tests in the final three years of patent protection. These changes, along with the 2020 ratification of the new US-Mexico-Canada Trade Agreement (USMCA), which supersedes NAFTA, has generated a wave of new prosecution instructions and the country’s lawyers are waiting to see if it will have any effects on the contentious front too. Overall, Mexico is taking great steps towards harmonising its IP law with international standards, and those looking to protect their assets in the country have been filled with greater confidence as a result.
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