Mr Alejandro Luna F. > OLIVARES > Mexico City, Mexico > Lawyer Profile
OLIVARES Offices
PEDRO LUIS OGAZÓN 17
COL. SAN ÁNGEL
01000, MÉXICO, D.F.
Mexico
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Mr Alejandro Luna F.
Work Department
• IP Litigation
• Alternative Dispute Resolution
• Regulatory Law
• Anti-Piracy, Anti-Counterfeiting & Enforcement
Position
Partner
Career
Alejandro Luna F. has been alternately dubbed “an extraordinary litigator, active at every level,” “responsive and insightful,” and “a knowledgeable IP practitioner offering creative and cost-effective advice” by his peers, according to IAM Patent 1000, while World Trademark Review’s WTR 1000 called him “a reliable ally for any party in a dispute”. Since joining OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
As one of the few patent and regulatory litigation experts in the country, Mr. Luna has played a crucial role in updating Mexico’s intellectual property (IP) system. He participated in questioning the constitutionality of certain provisions of Mexico’s Industrial Property Law, the Federal Copyright Law, and the Health Law and its regulation. He sponsored an important proposal to modify the litigation and enforcement systems that made it easier to obtain monetary compensation for violations of IP rights.
Mr. Luna spearheaded a ten-year litigation strategy that incorporated regulation changes and lobbying and resulted in an important precedent for the patent linkage regulation and life terms of pipeline patents in Mexico. As a result of his involvement, Mr. Luna was selected as the delegate to represent the Asociación Mexicana de Industrias de Investigación Farmacéutica, AC (AMIIF), the industry association for R&D pharmaceutical companies that do business in Mexico, in negotiations concerning the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) agreement, the free trade agreement between Mexico and the European Union, and the United States-Mexico-Canada Agreement (USMCA/ T-MEC), which replaced NAFTA.
Mr. Luna’s practice is not devoted exclusively to life sciences; he represents clients across a myriad of industries. He has successfully litigated pharmaceutical patents and pioneered administrative court actions to seek recognition of DPE rights (regulatory data protection submitted to the regulatory agency), which are not specifically recognized under Mexican law. His commitment to just and fair law extends to his overall promise of client satisfaction; he acts on behalf of his clients as an attorney and a lobbyist, pushing for changes to the law as necessary in order to best serve his clients.
Mr. Luna is also the author of several articles on patents, litigation, and regulatory issues in the pharmaceutical industries. He is professor at the Universidad Nacional Autónoma de México (UNAM) in the IP Master of Law and the Health Law program and currently is working on his doctoral thesis, titled “The Impact of International Treaties in the Mexican Patent Law Pharmaceutical Patents and Related Enforcement”.
Languages
Spanish, English
Memberships
- Asociación Mexicana de Industrias de Investigación Farmacéutica, AC (AMIIF).
- Asociación Mexicana para la Protección de la Propiedad Intelectual (AMPPI).
- Barra Mexicana de Abogados (BMA).
- Biotechnology Industry Organization (BIO).
- International Association for the Protection of Intellectual Property (AIPPI).
- International Bar Association (IBA).
- International Trademark Association (INTA).
Education
- Franklin Pierce Law Center LLM, Intellectual Property Law, 2002
- Universidad Panamericana Diploma on Amparo Law, 2000
- Universidad Latinoamericana Juris Doctor, 1996
- Universidad Nacional Autónoma de México Doctorate in Law, 2020
Lawyer Rankings
Mexico > Life sciences
(Leading individuals)Long known as one of Mexico’s leading IP practices, Olivares has developed its lifescience practice over the course of some 20-odd years, marrying its know-how in IP matters (especially as regards patents) with genuine commercial-side strength. The result is a department with profound regulatory-side knowledge (particularly in relation to life science clients’ R&D projects and novel products), arguably unequalled experience of patent litigation, and full corporate-side capability – including the structuring, drafting, negotiation and closure of asset purchases; supply chain and distribution matters; and procurement and license agreements (as related to M&A). It also handles associated corporate structuring and restructuring, and foreign investment issues for both foreign and local companies, along with administrative compliance and issues such as the transferral of marketing authorisations and portfolio sales. Indeed, the firm has earned a reputation for its ability to influence the regulatory landscape, particularly as concerns pharmaceuticals, having established precedents in relation to the legal framework for health authorisations and approvals, regulatory data exclusivity, pharmaceutical patent term corrections, patent linkage and filing amicus briefs concerning biologic drug regulations. It also has deep experience regarding administrative compliance. The firm’s life sciences and pharmaceutical law industry group is co-led by Gustavo Alcocer, head of the firm’s M&A, corporate and commercial department (and a former Banamex assistant general counsel), who is responsible for the corporate, transactional and financing aspects of the practice; and Alejandro Luna F, who coordinates the firm’s litigation activity and whose practice takes in IP litigation, contentious regulatory matters and administrative litigation; with almost 20 years’ experience as a partner, he is also co-chair of the IBA’s life sciences committee. Fellow partner Armando Arenas heads up the medicines anti-piracy/counterfeiting practice, but also leads on civil litigation matters (where Luna is also active, along with Abraham Díaz, co-head of the firm’s privacy and IT industry groups). Biologist Rommy Morales -who was raised to the partnership in January 2023- handles much of the practice’s patent-related work and is a key support for both regulatory and litigious matters. The partners can also draw on a capable associate bench: dedicated seniors Ingrid Ortiz (whose practice is centred on life science regulatory matters), and Karla Olvera (who in turn focuses solely on life sciences litigation) each have over 12 years’ experience. Additional technical support comes from (non-lawyer) patents coordinator Mauricio Sámano (who also has over a decade at the firm); while younger associate, administrative litigator Eduardo Arana is also of note for his niche expertise in liability and damages claims in the life sciences sector.
Comparative Guides
| Mexico: Life Sciences | March 2024 | This country-specific Q&A provides an overview of Life Sciences laws and regulations applicable in Mexico. |