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PROTECT IP TO BOOST SECTOR ALEJANDRO LUNA Partner and Life Sciences Co-Chair at Olivares 43
Q: What is the most common profile of the companies
and pharmaceutical and medical devices companies tend to
you work with?
invest large amounts of money and time on consolidation.
A: A significant percentage of our clients in the firm’s life
The government needs to provide more certainty about
science group are in the pharmaceutical industry. Our
the timing and merits of the cases to be decided by
portfolio in this field specializes in the most common needs
administrative and judicial entities to encourage companies
of the industry, such as patents, trademarks and copyright
wishing to do business in Mexico.
cases, but we also offer protection for clinical data. Our extensive expertise in life sciences allows us to work with
Q: What are the main lessons related to patents that Olivares
companies not only in the pharmaceutical industry but also
has learned in its almost 50 years of history?
in the medical devices, cosmetics, food and beverages and
A: Technological development advances faster than
agrochemical industries.
legislation, a gap that inhibits the full growth of the country’s pharma industry. There is a need to understand
Q: How would you describe the existing regulatory
the pharmaceutical sector as an industry of compliance.
environment for innovative products like biomedicines?
Keeping this in mind helps to understand how the patents
A: Our legal and regulatory system created the opportunity
in the healthcare sector are compatible with legislation,
to have the products and services we find today in the
processes of change and the needs of the industry.
industry but there is also a growing need to refresh these rules. The regulatory system must take into account
Q: How is the local and international regulatory environment
different types of innovations and the protection of
affecting international companies’ perception of the
intellectual property. Also, it must adapt to the digital era
Mexican market?
to help make the new technologies, biological innovations
A: The uncertainty caused by the renegotiation of NAFTA
and the patient-centric approach more effective.
removed life sciences from the agenda and at the same time key negotiations like the protection of clinical data and IP.
Q: What impact will CPTPP have on IP in relation to
International companies are also kept in abeyance because
pharmaceutical products?
our main support mechanisms are being renegotiated and
A: It has been 24 years since the current IP law was
current protection protocols are not updated enough to
introduced. In general terms, the legal environment is
meet market needs.
positive for the pharmaceutical industry because there are minimum international standards to protect IP in Mexico but
Q: What are the main areas of opportunity that Olivares
the country needs to improve the level of protection and
sees in the industry in 2018?
legal certainty. At the national level, it would be good to
A: We see the possibility to protect the industry through
include in the CPTPP the possibility for Mexico to improve
mechanisms like CPTPP and a renegotiated NAFTA. Also,
its standards, legislation and IP practices. At the regional
we see the opportunity to elevate the system of regulation
level, the durability of IP protection in North America must
in Mexico. If Mexico discovers how to benefit from these
be aligned. Finally, at the international level, it is necessary
international agreements, a boom in the pharmaceutical
to synchronize the most recent IP protection protocols.
industry will become a reality.
Q: What are the main challenges faced by pharmaceutical and medical devices companies when they want to
Olivares is an IP law firm that works with some of the world’s
introduce a product in Mexico?
biggest brands. It specializes in areas such as patents,
A: In Mexico, there is still a certain amount of uncertainty
trademarks,
about the timing and the outcome of some proceedings
constitutional law. It has nearly 50 years of experience
copyrights,
regulatory,
administrative
and
