Takeda V. Rimsa. Mexico, the Paris convention, the trips and the PCT Takeda V. Rimsa. México, el convenio de parís, el adpic y el TCP Academic Article in Scopus uri icon

abstract

  • © 2019 Pontificia Universidad Catolica de Chile. All rights reserved.This essay analyzes a patent litigation in Mexico. The plaintiff was a Japanese company and it was suing over the infringement of its rights by a Mexican Lab. In this case, the Mexican Industrial Property Statute was applied as to recognize a priority filing date seven years later from its original filing in Japan. The litigation involved several subjects like the extension of the term of protection, and the alleged infringement made by defendant after authorities extended the protection term of the patent. There are several issues and principles discussed, like the principle of independence of patents, national treatment, and minimum term of protection; all contained in the Paris Convention, TRIPs agreement and also the Patent Cooperation Treaty.

publication date

  • December 1, 2019