Data exclusivity backed by Mexican courts

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Data exclusivity backed by Mexican courts

novartis.jpg

When Mexico's Seventh Auxiliary Circuit Court issued a final decision in June upholding a ruling by the Federal Court of Tax and Administrative Affairs (the country's specialised IP court) in favour of data package exclusivity (DPE) protection, it marked a turning point for pharma inventions in Mexico. The appeals court agreed that Novartis has a right to block reliance by third parties on its clinical information, subject to the determination that the efforts incurred were considerable from a monetary investment and time perspective. It further ruled that the FCTAA must determine that Novartis's efforts were considerable, based on the number of patients and countries where clinical trials took place. In response to the ruling and lobbying efforts by R&D companies, Mexico's health authority COFEPRIS published guidelines in June recommending protection for DPE rights.

Alejandro Luna of Olivares & Cia, which represented Novartis, said he is concerned that the proposal offers no explicit protection for biologics and limits the protection of DPE rights to a maximum of five years. Additionally, it is unclear whether such internal guidance will stand up considering the lack of domestic statutory law recognising DPE.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and SHARED ros bottom lb

More from across our site

Tim Gilman, who joined Kasowitz alongside three other partners, says he is excited to be part of the firm’s ‘elite’ litigation team
A backlash against a White House video promoting deportation and Casalonga opening a new office in Düsseldorf were also among the top talking points
The firm has brought on board two counsel and an associate to complement two previously revealed partner hires
Bradford Newman, who has joined the firm’s new Silicon Valley office as head of complex technology disputes, discusses plans to build the practice group and attract local talent
Managing IP summarises the highlights from the IP STARS rankings for copyright and IP transactions work, the final firm rankings release of the year
Developments included the first judgment from the Nordic Baltic division, an injunction covering the UK, and a new code of conduct
Alston & Bird acted for InterDigital, while Samsung was represented by Fish & Richardson, during the arbitration process
Powell Gilbert lawyers reveal how they navigated parallel EPO proceedings and collaborated with European peers to come out on top in the Nordic-Baltic Division’s first judgment
The firms posted increases in revenue and profit per equity partner, with both giving a nod to their IP expertise
EasyGroup, the owner of the easyJet airline, said in a press release that UK-based first-instance judges are “less experienced”, bringing a long-running debate back to the fore
Gift this article