Viktor Gladkov / Shutterstock.com
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.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
pharmaceuticals, IP protection, civil litigation, IP enforcement, patent infringement