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IP Protection an Area of Opportunity in Mexico

By Miriam Bello | Thu, 09/22/2022 - 10:13

Q: How has awareness on the importance of IP improved among healthcare companies in Mexico?

A: Unfortunately, the national industry does not give IP protection the importance that it truly requires. Foreign clients, on the other hand, treat it with the attention it deserves; they put IP protection at the center of their corporate and business decisions.

There is a large opportunity in technology transfer, especially in the link that should exist between research centers, businesses and academia. This link would allow for greater promotion, culture and tools in the market, so researchers can launch products or services that benefit the patient. The industry must focus on IP protection and on developments that have a practical use in the industry and an economic benefit for the players involved.

Q: How have the recent shifts in client needs in Mexico changed the sector?

A: Sanitary regulations have responded well to the needs and demands of the country but there are many areas of opportunity in terms of time frames  in the resolution of certain administrative, regulatory and approval processes.

There is a science and technology law being discussed that would promote a better link between the different actors involved in launching a product, which would be a win-win scenario. However, the published draft is far from fulfilling the goals of fostering a better relationship between these sectors. Various actors are interested in this law and suggesting changes to allow innovation in Mexico to continue growing.

Q: What is the state of Mexico’s new molecules committee?

A: It is highly dysfunctional in its operation and processes to solve problems. There are general rules that apply to this committee and to any other entity that functions as an authority but there is a high degree of discretion in terms of time, form, methods and resolution. The criteria adopted by this committee does not contribute to the system and does not bring any certainty to the players involved.

Clear rules would provide the certainty that is necessary for any decision to be made in accordance with the processes that must be followed to get approval from this committee.

Q: How has the USMCA treaty impacted IP trends in Mexico?

A: It is no coincidence that the day the USMCA came into force, the new Federal Law for the Protection of Industrial Property was published. This law was necessary to modernize our Industrial Property Law, which had been in force for over 25 years. This is a good way to maintain a standard of IP protection in the country. The entry into force of the USMCA was necessary to protect investments in innovation, new products and services, patents and trademarks. The new law provides a better system and overall stronger protection.

Q: How is the new Federal Law for the Protection of Industrial Property strengthening the IP for health and life sciences companies? 

A: The new law was welcome; the update and modernization of the IP Law was awaited for many years. The final outcome of statutory law was very positive in most of the pending issues, with some exceptions, especially in the claim of damages which requires an effective system that points to the rights that were violated through a claim for damages that is prompt, effective and efficient.

Regulatory data protection is one of the opportunity areas of the new law, where there is no local regulation stopping unauthorized third parties from using this information. It states that any third-party company can obtain, without any kind of consequence, the information that has taken the innovators’ time and money to obtain to ensure their product is safe and effective.

Q: How is Olivares maintaining its competitiveness in the different areas of the law that you manage?

A: We do not improvise in any area, whether it is life sciences, IP or any other. We over-specialize in every field. The lawyers and technical professionals who handle regulatory issues dedicate all their time to this particular field. We do not ask the industrial property lawyer to solve regulatory issues; we have dedicated and trained personnel addressing each subject.

This is what makes us stand out from the competition. Our teams see these issues on a daily basis and this has been the case from the start Our teams can work alone or with partners but they are always focused on their own specialties.

 

Olivares is a law firm that specializes in industrial property (IP) law, Constitutional Actions, Administrative, Civil and Commercial Liitigation, Corporate Law. It works with some of the world’s biggest brands in areas such as patents, trademarks, copyright, IP, administrative andcivil litigation.

Photo by:   Olivares
Miriam Bello Miriam Bello Senior Journalist and Industry Analyst