Mexico´s government published three important decrees that comprehensively reform and modernize the country's intellectual property (IP) landscape. These reforms aim to improve Mexico´s IP protection, in particular, but not only, in light of the terms agreed under the United States – Mexico – Canada Agreement (USMCA), which entered into force on July 1, 2020. We are highlighting several key changes, which we consider particularly relevant for IP owners and will be publishing a series of articles with more details on each reform and their most relevant aspects.
The three IP changes are
The general objective is to make the Mexican IP law fit for the challenges of business and developments in the IP environment reflected by new technological trends. Likewise, the intention is to simplify the procedures before the Mexican Institute of Industrial Property (MIIP) and introduce stronger and more effective measures against the infringement of Intellectual Property Rights (IPRs). The New IP Law will come into force on November 5, 2020, while the Reforms of the Federal Copyright Law and Federal Criminal Code came into force on July 2, 2020.
The Health Supplies Regulation, applicable to Health authorities in charge of granting sanitary certificates, still states that the following time periods for requesting a sanitary certificate apply:
The discrepancy between the New IP Law and the Health Supplies Regulation will need to be clarified in the future. In the meantime, it is understood that patents cannot be enforced if the Bolar-Exemption applies and Health Authority cannot grant a sanitary certificate for a generic drug until the patent expires.
Implementation of crimes related to the following conducts:
Authored by Bernardo Herrerias Franco, Valentina Schmid
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