Derived from our in-house investigation, along with several reports of clients, we have identified Mexican companies that offer on-line, prescription/controlled medicines at lower prices than the regular price in the legal Mexican market. In some cases, these medicines would fall within the gray or black market.

We have implemented a combination of actions whith positive results to overcome or diminished this illegal activity.

In case you are aware that this situation is happening to products of your company, we will be willing to review the matter and prepare a tailor-made program, suggesting some or the combination of the following legal actions:

  1. Recordal of Trademarks before Mexican Customs.
  2. Official request of information to the Mexican Government.
  3. Sanitary Complaint before COFEPRIS.
  4. Administrative infringement actions before the Mexican Patent and Trademark Office ("IMPI").
  5. Criminal Actions before the Atorney General´s Office.
  6. Civil actions based on unlawful competition, among others.

The litigation and anti-counterfeiting department of OLIVARES will continue efforts to stop this increasing activity of grey and black market of medicines in Mexico.

Originally published 25 June 2021.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.