In January, the Mexican
Senate published a Bill adding article 23 bis to the Industrial Property Law
(IP Law).  This Bill intends to establish a "special" life term
for patents claiming a substance or a mix of substances regulated by article
221, sections I to III of the Health Law; that is:  drugs, active ingredients and
raw materials related to drugs.

According to this Bill, the
20 years life term for patents claiming such subject matter would start from
the date of filing of first patent application abroad (priority date), instead
of the filing date in Mexico, as currently set forth by the IP Law, which could
reduce life term up to one year.

We consider that this Bill
contravenes International Treaties adopted by Mexico related to Intellectual
Property, mainly as it means an arbitrary shortening of the life term of a
particular kind of patents, which is privative and would be considered
unconstitutional.

Partners and Associates of the Olivares & Cia firm through diverse associations of which they are members will follow
up and oppose this Bill and any other one against a proper IP System and
International Treaties adopted by Mexico.

This article was reprinted with permission from Olivares & Cia.