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Supplementary protection certificates (SPCs) have been the subject of several rulings. In the Dutch briefing of the October 2009 issue of MIP, the recent European Court of Justice ruling is discussed. This ruling allows the granting of more than one SPC to different parties based on the same marketing authorisation. Additionally, in September 2009 the court in The Hague (Rechtbank 's-Gravenhage) issued two decisions in SPC cases.

Rodrigo Calderón Ponce of Uhthoff Gomez Vega & Uhthoff examines an amendment to the health law that bodes well for biotech companies

Enrique Díaz and Satoshi Yoshiki of Goodrich Riquelme Asociados advise trade mark owners to consider the ups and downs of claiming first use in Mexico

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The Federal Circuit recently injected some clarity into a key principle of patent damages known as the entire market value rule (EMVR). The EMVR allows a winning patentee to collect damages based on sales of unpatented technology if it is sold with patented technology, such as a patented muffler in an otherwise un-patented car. Applying EMVR, the market value of the entire car would be used as a starting point to calculate the appropriate value of the patented muffler. The EMVR can also be used to establish the value of a patented product, like a razor, if it leads to sales of additional, unpatented follow-on products, like razorblades.

Adolfo Athié of Basham, Ringe y Correa says that the law must perceive IP differently in order to encourage innovation and economic growth

While companies are making tough decisions about where to cut budgets in a sagging economy, José Luis Ramos Zurita of Uhthoff Gomez Vega & Uhthoff explains why enforcing IP rights is one area in which they should continue to invest

Rosalía Bautista of Becerril, Coca & Becerril explores the difficulties of filing voluntary amendments to patent applications under the law

Victor Garrido of Dumont Bergman Bider & Co considers the complexities surrounding patent applications for computer programs and business methods in Mexico, and offers advice for successfully navigating IMPI's restrictions on such inventions

The legal regulations of advertising in Mexico are not as developed as in other countries, which in practice provide infringers with more elements to construe their defences against eventual challenges from competitors and/or consumers.