Welcome to our blog for Intellectual Property Law and Practice in Latin America!
¡Bienvenidos a nuestro blog de Derecho y Práctica de la Propiedad Intelectual en Latinoamérica!
Bem-vindo ao nosso blog sobre Direito e Prática de Propriedade Intelectual na América Latina!

Friday, 22 June 2012


Mexico boosts DPE protection

On 19 June 2012, COFEPRIS (the agency in charge to grant marketing authorizations in Mexico) published on its website an internal decree providing guidelines to observe and protect data packaging exclusivity for (DPE) for pharma product innovators.  The main points include the following:
* Information submitted in a process of regulatory approval is protected against unfair commercial use and disclosure.

* Five years maximum protection is available, during which no one can use information provided by the innovator for the commercialization of the drug.

* COFEPRIS will grant approvals for generics once the five years of protection lapses, unless the generic drug manufacturer proves the safety and efficacy of its product independently of the data supplied by the innovator.

* Protection will be given to undisclosed and unpublished experiments and information, with an exception for publication of data necessary to protect the public or when confidentiality measures have been taken to protect unfair commercial use.
Source: circular from From Olivares & Cía., S.C., Mexico, from whom further information and comment may be obtained.