COVID-19 Pandemic And Compulsory Licenses In Mexico

Despite not being as high as other parts of the world, the reported numbers of COVID-19 cases in Mexico are increasing and has doubled the number this past weekend. Like we did back in 2009 when Mexico was battling the AH1N1 disease, we consider it important to remind clients and friends now of the regulations for compulsory licenses in Mexico.

Compulsory license regulations

Article 77 of the Industrial Property Law establishes that for emergency or national security reasons, including serious diseases declared as such by the General Health Council, IMPI will determine that certain patents can be exploited through a compulsory license for reasons of "public benefit", when the lack of a license would hinder or overvalue the production, supply or distribution of basic goods to the population. In cases of serious diseases, in order for IMPI to make such determination, the General Health Council must publish a declaration of national emergency in the Official Gazette.