14 years after the publication of the reforms that establish the
linkage system between the Mexican Intellectual Property Institute
(IMPI) and the Federal Commission for the Prevention of Health
Risks (COFEPRIS), there are still doubts in the application and
operation of the system among health and intellectual property
professionals.
The linkage system between IMPI and COFEPRIS aims to allow
authorities to identify health registration applications that
infringe granted patent rights in Mexico, this will lead to a
sanitary registration denial, thus preventing the marketing of
illegal products. Although the linkage system was created with a
clear aim, the clarity deficiency of article 47 Bis of the
Regulation of the Industrial Property Law (RLPI) drafting, as well
as the limited scope of article 167-bis of the Regulation of Health
Inputs (RIS) has caused doubts and lack of efficiency in the
application of the linkage system for both patent holders and
laboratories
