The system governing preliminary injunctions for pharmaceutical patent infringement should be revised to stave off potential frivolous cases, say Hedwig Lindner and Manuel Morante.
In Mexico, patent and other intellectual property infringement actions are litigated, in the first instance, before the Mexican Institute of Industrial Property (IMPI). Since 1994, IMPI has been authorised to grant various forms of provisional relief, including preliminary injunctions against the manufacture, sale and distribution of allegedly infringing goods.
Under Article 199 bis.1.I of the Industrial Property Law, a plaintiff seeking provisional relief must “prove his ownership of the rights”, as well as “the existence of an infringement of his rights”; “the imminence of the infringement of his rights”; “the existence of the possibility of irreparable damage being sustained”; or “a justified fear that evidence might be destroyed, concealed, lost or altered”.
In other words, the plaintiff is typically required to show that it is likely to prevail on the merits before provisional relief can be granted. Alternately, the plaintiff can demonstrate the possibility of irreparable harm, or show that evidence is likely to be lost or destroyed—but this is usually not the case in patent infringement cases.
You need a subscription to continue reading this content.
To access the full archive, digital magazines and special reports you will need to take out a paid subscription.
News stories up to a week old and feature articles on the day of publication are accessible with a BASIC FREE ACCOUNT.
If you have already subscribed please login.
If you have any technical issues please email tech support.
For access to the complete website, archive, and to receive print publications, choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial with full access, select ‘TWO WEEK FREE TRIAL’; and for basic access to the latest news on the website and weekly email news alerts choose the 'BASIC FREE ACCOUNT' registration.
preliminary injunctions, IMPI, patent infringement