News from Abroad: Bill to Diminish Term of Patents for Medicaments

Mexican FlagIn January, the Mexican Senate published a Bill adding article 23 bis to the Industrial Property Law (IP Law).  This Bill intends to establish a "special" life term for patents claiming a substance or a mix of substances regulated by article 221, sections I to III of the Health Law; that is:  drugs, active ingredients and raw materials related to drugs.

According to this Bill, the 20 years life term for patents claiming such subject matter would start from the date of filing of first patent application abroad (priority date), instead of the filing date in Mexico, as currently set forth by the IP Law, which could reduce life term up to one year.

We consider that this Bill contravenes International Treaties adopted by Mexico related to Intellectual Property, mainly as it means an arbitrary shortening of the life term of a particular kind of patents, which is privative and would be considered unconstitutional.

Partners and Associates of the Olivares & Cia firm through diverse associations of which they are members will follow up and oppose this Bill and any other one against a proper IP System and International Treaties adopted by Mexico.

This article was reprinted with permission from Olivares & Cia.

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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