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Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA

In: The Future of Intellectual Property

Author

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  • Roberto Garza Barbosa

Abstract

Intellectual property (IP) has been significantly reformed in recent years. Such transformation is occurring both at international and national levels. Treaties, statutes, and case law are constantly evolving. As a result, several legal systems have seriously affected IP rights, not only traditional primary rights, but also by introducing new rights commonly known as secondary rights. The purpose of this chapter is to describe such evolution in patent term extensions and patent data protection in the context of the Mexican Legal System. It analyses international IP treaty provisions, Mexican statutory provisions, and case litigation. Finally, the chapter also analyses briefly how USMCA chapter 20 is going to affect Mexican patent law.

Suggested Citation

  • Roberto Garza Barbosa, 2021. "Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA," Chapters, in: Daniel J. Gervais (ed.), The Future of Intellectual Property, chapter 3, pages 37-54, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20667_3
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