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29 November 2018AmericasHector Chagoya and Mariana Gonzalez-Vargas

How Mexico applies the Budapest Treaty

As a signatory of the Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), Mexico must accept deposits made before any international depositary authority (IDA) for the purposes of disclosure of biological material when such material cannot be otherwise characterised.

The obligation of depositing biological material was present in the Mexican law even before Mexico joined the Budapest Treaty in 2000 (with the treaty in force since 2001). Then, the authorities recognised by the Mexican patent office, the Mexican Institute of Industrial Property (IMPI), were included in a list that basically recognised the same authorities as the Budapest Treaty.

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