Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Patents
11.
Antitrust
11.1
Are there any limits on patent protection due to antitrust laws?
Mexico

Answer ... The Federal Economic Competition Law (FECL) aims to:

  • promote, protect and guarantee free market access and economic competition; and
  • prevent, investigate, combat, prosecute effectively, severely punish and eliminate monopolies, monopolistic practices, unlawful concentrations, barriers to entry and to economic competition, and other restrictions to the efficient operation of markets.

In this regard, Article 7 of the FECL states that the privileges granted for a certain period to authors and artists regarding the production of their works, and those granted to inventors and individuals that perfect an invention for the exclusive use of their inventions or improvements, do not constitute monopolies. Thus, antitrust laws do not limit the scope of a patent right; but they could restrict the patent holder’s ability to enforce the corresponding rights.

For more information about this answer please contact: Tania Valdez from Basham, Ringe y Correa, S.C.
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Patents