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

Counsel explain how the USPTO’s decision to discretionarily deny institution of a PTAB case affects their advice to clients
The Life Sciences Awards announces the winners for the 6th annual awards
The UPC’s plans to roll out its new Case Management System and a setback for TikTok in India were also among the top talking points
Trademark specialist Jonathan Thomas says he’s excited to introduce his clients to other areas of Greenberg Traurig’s practice
Counsel at firms responsible for managing the highest number of registered trademarks explain the secrets behind staying organised and keeping the work flowing in
Attorneys explain what stakeholders should know about Patent Term Adjustments in Brazil, more than three years after a landmark Brazilian Supreme Court ruling
New categories have been added to reflect a changing legal and social landscape
Three sources explain why a notification by Nanjing’s IP centre in China banning AI use in patent drafting is too broad and could be difficult to enforce
Sheppard Mullin’s latest hires explain why the firm's industry expertise impressed them
Elizabeth Godfrey explains why she doesn’t believe in a ‘salesperson’ approach to BD, and reveals how AI is playing an important role at Davies Collison Cave
Gift this article