Recent Decision Of Unfair Competition In The Gray Market For Medicines In Mexico.

O
OLIVARES
Contributor
Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
Following our newsletter dated on June 25 2021, related with increment of gray market of medicines in Mexico. In many of those cases, importers and distributors alleged...
Mexico Intellectual Property
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Following our newsletter dated on June 25 2021, related with increment of gray market of medicines in Mexico. In many of those cases, importers and distributors alleged a non-direct use of the trademarks, mentioning that the products were requested directly by patients and/or the insurance companies. We would like to share that OLIVARES obtained a decision at the first stage, where the enforcing Authority declared trademark infringement, disregarding defenses based on non-trademark use. The decision concludes that when the accumulation and the evaluation of evidence as a whole, show active and improper participation of the accused infringer in the circulation of these products in the Mexican drug market. This decision may be appealed by defendant, but it represents a good precedent to reduce and avoidcontest unfair competition on the gray market of medicines in Mexico.

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Recent Decision Of Unfair Competition In The Gray Market For Medicines In Mexico.

Mexico Intellectual Property
Contributor
Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
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