IMPORTING TO MEXICO
“ONLY PATENT OWNERS OR LICENSED THIRD PARTIES ARE ALLOWED TO COMMERCIALISE A MEDICINE PROTECTED BY PATENT LAWS.”
of approval as proof that the relevant products do not interfere with the radio spectrum. To enforce compliance with applicable regulations, IFT is entitled to carry out verifications and issue fines if the regulations are not met. Furthermore, if such regulations are not complied with before customs authorities, the importation or exportation process shall not be granted.
Intellectual property In
addition to ensuring and protecting If the relevant authority determines—
through a random verification—that a manufacturer, producer, retailer, importer or service provider does not comply with or violates NOMs provisions, the authority may impose a fine on the business, close it, restrict it from importing or exporting goods, or subject it to any other administrative sanctions. PROFECO enforces compliance with certain services with NOMs (which
products or
are publicly available), by means of random verification of manufacturers, producers, retailers, importers or service providers. During that verification, they have to prove, through an administrative procedure, that their products meet the relevant regulations. It is worth mentioning that certain
organisations are legally authorised to issue compliance certifications
with NOMs that
may be requested by customs authorities or PROFECO, for import procedures or routine verifications respectively.
Market authorisations (MAs) and sanitary registrations In addition, MAs from COFEPRIS shall be obtained for certain special cases. Accordingly, both innovators and generics manufacturers should be aware of the existing link requirement between the Mexican Patent and Trademark Office (IMPI) and COFEPRIS.
Tis link consists of the publication of a
special list of some specific patented drugs, mainly compounds, compositions and subsequent uses of
active
COFEPRIS checks before granting MAs for medicines. Only patent owners or
ingredients that licensed
third parties are allowed to commercialise a medicine protected by patent laws. Moreover, generics manufacturers may initiate tests to apply for an MA within the three years before the relevant patent expires. It is important to know that no patent extension is currently available in Mexico for any type of invention. Furthermore, in the case of medicines, health
supplies, food, alcohol, tobacco products, plant nutrients or
pesticides, COFEPRIS
may issue sanitary registrations, permits or licences in order to promote compliance with applicable sanitary regulations. COFEPRIS can also impose several regulations covering the commercial information applicable to drugs and other health supplies. In order to enforce compliance of products with
applicable sanitary
these and
commercial information regulations, COFEPRIS is entitled to verify compliance and issue fines if such requirements are not met. Furthermore, if these are not complied with before customs authorities, the goods’ importation or exportation process may be denied. In cases of electronic devices that use the radio spectrum, the IFT may issue certifications
62 World Intellectual Property Review May/June 2015
the importer’s IP (eg, trademarks, patents, industrial designs, utility models, works, etc), there are some additional requirements to be met when importing goods into Mexico. Tose requirements are not directly provided
by either the IMPI or the Mexican Copyright Office. Other authorities and agencies, such as the Mexican Tax Agency, which are in charge of
the importation activity in our country,
establish them. Te importance of
the protection and
enforcement of IP rights when importing goods into the Mexican territory has increased in recent years. Mexican authorities know that implementing some control measures can lead to the reduction of counterfeit goods in the Mexican market. In this regard, in July 2014 the 12th edition
of the resolution related to the Amendments to the Rules of General Character on Commerce for 2013 was published in the Official Journal. According to item 3.1.36 of the rules, a
person who intends to import goods into Mexican territory shall reveal all the details in connection with the trademark that is used to identify and commercialise those goods. Tose new provisions do not apply to all kinds of goods, but only to those related to clothing, non-alcoholic beverages, alcoholic beverages, cosmetics, etc. It is important to inform customs authorities about whether the relevant mark is registered. If it is the case, the importer will have to declare that it is the trademark owner or authorised user. Even though these provisions do not require
the importer to provide all the evidence and documentation that support its declarations, the
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