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ARTICLE · 08 APRIL 2020

Patent Eligibility Of Biotechnology Inventions Under Revision

The Industrial Property Law is currently under revision at the Senate. Two legal initiatives proposed by different senators will have to be studied,...

MexicoIntellectual Property

Introduction

The Industrial Property Law is currently under revision at the Senate. Two legal initiatives proposed by different senators will have to be studied, but one of them is more likely to prevail because it has the support of the Mexican Institute of Industrial Property (IMPI) and aims to entirely substitute the current law.

Among the objectives of the revised proposal, which include the implementation of the US-Mexico-Canada Agreement, is updating the eligibility criteria of biotechnology-related inventions.

Revisiting morals and ordre public objections

Article 27(2) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides World Trade Organisation (WTO) member states a general right, under certain conditions, to deny patentability to protect "ordre public or morality".

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