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 2026

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

Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Gift this article