IP in Mexico: alternative remedies

Acting against infringers can involve the pharmaceutical regulatory framework and civil law as well as following the more usual pathways, says José R. Trigueros.

The enforcement of intellectual property rights in the pharmaceutical and biopharmaceutical industries is one of the pillars supporting research in, and the development of, new life-saving and life-changing medicines. The time and money spent on R&D, and the overarching need to attract investors willing to risk funds in the sprawling biotech start-up industry, require strong IP protection and effective enforcement tools for the defence of new inventions.

In Mexico, IP firms have traditionally resorted to infringement actions as their only enforcement option, but it is worth noting that there are additional alternatives that may offer relief to companies affected by infringement. The development of such strategies requires more than an extensive and detailed knowledge of IP litigation—expertise in the pharmaceutical regulatory framework and in civil litigation are also required.

Mexico has been traditionally known as a country where enforcement and litigation, notwithstanding the issue or legal area, are extremely slow and cumbersome topics to deal with. However, improvements have been made during the last five to ten years and, while the legal system still has plenty of room to develop, some optimism is in the air.