Mexico:
Recent Decision Of Unfair Competition In The Gray Market For Medicines In Mexico.
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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.
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.
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