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01 September 2010

New Linkage Gazette omits formulation patents

The Mexican Trademark and Patent Office (IMPI) has made available the new edition of the Linkage Gazette. Regrettably, IMPI excluded formulation patents, disregarding the petition by the Pharmaceutical Association of R&D Companies and failing to follow Supreme Court jurisprudence.

04 August 2010

Protecting trade dress

IP law allows the protection of products through distinctive signs such as trademarks, trade names, slogans and appellations of origin. However, while these four options may seem adequate to ensure protection, IP law still provides no protection for trade dress.

23 June 2010

Battling counterfeits through Customs

For many years Mexico has faced significant problems regarding the sale and distribution of counterfeit products. The Mexican government, with the collaboration of IP rights owners, has taken various enforcement actions against counterfeiters. The most noteworthy of these have been the actions taken at the border to challenge the import of counterfeits into Mexico.

27 January 2010

Mexico’s hotel for the stars highlights power in the name

A recent marketing campaign highlights some of the intricacies inherent in Mexico’s trademark legislation. A well-known hotel in Mexico City had hired someone dressed as a chauffeur to stand at the arrival gates at Mexico City International Airport holding a sign bearing the names of celebrities alongside the hotel’s trademark.

02 December 2009

Repercussions expected on medicine advertising campaign

A recent high-profile marketing initiative by a Mexican pharmaceutical company appears to be a clear example of unfair competition. This article puts the campaign in context and looks at the likely outcome for the advertiser.

04 February 2009

Court rejects collecting society’s bid to claim royalties for film music

A Mexico City appeal court has ruled that the Sociedad de Autores y Compositores de México failed to demonstrate legal standing to take action against Cinemex, a national cinema company. The collecting society failed to prove the rights of its members in the musical works or that the composers had asked it to represent them.

15 October 2008

Using the criminal law to fight online piracy

To date, the Mexican criminal law system has proved to be an effective means of fighting certain forms of online piracy. One recent example was a criminal action brought by the member studios of the Motion Picture Association of America against, an illegal television website.

14 May 2008

New IP Court gears up for business

The Federal Court of Tax and Administrative Affairs has published a decree establishing a specialised IP court. Once three magistrates are appointed by the president and approved by the Senate, the court will hear all IP trials in Mexico. It is hoped that the court will be able to deliver swifter and more consistent decisions in this area.

05 March 2008

Pharma regulations signal new regime for generic registrations

A new decree modifying several provisions of the Regulations for Health Consumables has been published in the Official Gazette. The decree eliminates the distinction between ‘generics’ and ‘interchangeable generics’, and establishes that henceforth generic medicines will need to prove interchangeability with a medicine of reference.