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Following our newsletter dated on June 25 2021, related with increment of gray market of medicines in Mexico. In many of those cases, importers and distributors alleged a non-direct use of the trademarks, mentioning that the products were requested directly by patients and/or the insurance companies. We would like to share that OLIVARES obtained a decision at the first stage, where the enforcing Authority declared trademark infringement, disregarding defenses based on non-trademark use. The decision concludes that when the accumulation and the evaluation of evidence as a whole, show active and improper participation of the accused infringer in the circulation of these products in the Mexican drug market. This decision may be appealed by defendant, but it represents a good precedent to reduce and avoidcontest unfair competition on the gray market of medicines in Mexico.
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