In an increasingly competitive and globalized world, the
need to differentiate and innovate in products and services offered
by a company is critical to the survival of the same in time. In
addition, customers and users are increasingly aware of the
implications that exist around the production and offer of said
products and services, in such manner that proper management of the
protection of knowledge generated by them will be a very valuable
tool for companies.
Questions such as: What are customers requiring?, How
can we fulfill these requirements?, What solutions are being
offered by our competitors?, What is the trend of the technology or
its associated services? may allow design research, development and
innovation (I+D+i) strategies directed to meet the needs of
customers and generate elements of differentiation.
Now, while marketing can shed light on the answer to the first
question (What are customers requiring?), Intellectual Property
becomes a very important ally for the entrepreneur to answer the
other questions. For example, technological surveillance will
answer the following questions: What solutions are being offered by
our competitors?, What is the trend of the technology or its
associated services?, thereby providing to the area of
R+D+I, a guide on the best way to dispose of
available resources, avoid duplication of effort and answer,
through the development of the R+D+i, the other question: How can
we fulfill these requirements? Finally, the fruits of these
activities may be protected by different Intellectual Property
mechanisms available, shielding the company from competitors.
Companies can access different mechanisms to protect their
intangibles. Trademarks, patents and industrial designs stand out,
but there are also trade secrets, copyrights, plant varieties and
designations of origin. Each company may, by managing the
protection, have a portfolio of intangibles adjusted to their
profile and needs, which may also be exploited in accordance with
the strategic guidelines and the respective corporate
Accordingly, the generation of knowledge and differentiation in
business should be associated with a permanent accompaniment of
Intellectual Property instruments, establishing in each step the
optimization of available information on the state of the art,
protection of results and the subsequent management of the
Why is it then Intellectual Property so relevant as a tool for
competitiveness and innovation in companies? In line with the
above, Intellectual Property allows the production of the elements
that give differentiating effects and therefore, represent an
economic return on the investment made in R+D+i. Also, since these
elements are goods, they can be managed, exploited, sold, licensed
and transferred, in response to a trading strategy. Finally, a
company that protects its intangibles generates an image of
seriousness and commitment to customers and other stakeholders.
Marketing Authorization (MA) process in Mexico involves the direct or indirect participation of IP authority.
While it is true that each stage of the Marketing Authorization process includes particular steps, most of them have well-stablished guidelines; however, the stages related to IP rights are still under refinement.
In order to understand the relationship between actual IP rights and the MA prosecution process, Clarke Modet & Co offers wide range solutions from the IP point of v
Directed to in-house patent and legal professionals of pharmaceutical companies and their subsidiaries, to understand the relationship between IP rights and the market authorization prosecution process for a drug in Mexico.
IP services during Marketing Authorization (MA) process in Mexico:
Background: Search of patent documents related to a drug, Linkage system
Processing: Filling response to office actions from COFEPRIS related to IP matters
Monitoring: Importations and exportations vigilance
El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
Under the Mexican Trademark Law there is no obligation to use a trademark until renewal time is reached in the 10th year as of the filing date of the registration to be renewed and when filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.
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