Intellectual Property, Becerril Coca & Becerril SC updates

Mexico

Contributed by Becerril Coca & Becerril SC
Patent eligibility of biotechnology inventions under revision
  • Mexico
  • 09 March 2020

The Industrial Property Law is currently under revision in the Senate. Two legal initiatives proposed by different senators will have to be studied, but one of them is more likely to prevail because it has the support of the Mexican Institute of Industrial Property and aims to substitute the current law in its entirety. One of the proposal's most significant objectives relates to updating the eligibility criteria of biotechnology-related inventions.

Recovering damages for violations of industrial property rights
  • Mexico
  • 18 November 2019

In order to recover damages following a violation of their rights, industrial property owners must first file an administrative infringement action before the Mexican Institute of Industrial Property in order to obtain a declaration of infringement and then undergo a civil court trial. This process can take up to five years and rights holders often choose not to claim compensation. As such, a recent proposal aims to reform the process for recovering damages caused by a violation of industrial property rights.

Plant inventions and patent eligibility trends
  • Mexico
  • 16 September 2019

The Mexican Institute of Industrial Property's examination criteria was previously consistent enough to provide patent applicants with legal certainty about the eligibility of plant-related inventions. However, recent changes to the criteria for these kinds of invention have resulted in uncertainty which may affect even the validity of already granted patents.

Intellectual property and public policy
  • Mexico
  • 09 September 2019

The National Development Plan 2019-2024 (NDP) was recently published, just a few days before the release of the Global Innovation Index. Unlike the previous version, the new NDP does not expressly mention patents or intellectual property. This is not a good sign for a knowledge-based economy ranked first in the world for creative goods exports.

Senate ratifies USMCA: overview of IP chapter
  • Mexico
  • 24 June 2019

Mexico recently became the first country to ratify the United States-Mexico-Canada Agreement (USMCA), Chapter 20 of which is one of the most comprehensive IP chapters in any trade agreement. Although the 2018 amendments to Mexico's IP laws provided for most of the specific rights required under the USMCA, the country still has a lot to do to provide for the obligations regarding geographical indications, data exclusivity, trade secrets and enforcement.


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