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IP Litigation, Alternative Dispute Resolution

When litigation is necessary to protect our clients’ intellectual property rights, our dedicated IP Litigation team has an unmatched history of success. Our attorneys have a great deal of experience in the Mexican administrative and judicial processes concerning intellectual property as well as a great deal of technical knowledge. This expertise allows us to ensure the strongest likelihood of success in a courtroom or at a tribunal.

In recent years our IP litigation attorneys have won a number of precedent-setting cases in Mexico in patent, trademark and copyright areas, at both the Federal Circuit Court level and Supreme Court level.

Some notable success stories have come from both the Patent and Trademark areas. In a landmark case, Olivares & Cia. was the first firm in Mexico to represent a company at the Supreme Court level and use unfair competition law to secure an award for damages for trademark infringement, thus reversing the Federal Circuit Court's decision, which was made using the wrong criteria. It is this type of 360 degree thinking that has made our litigation department so successful. 

In patent litigation our attorneys have for the first time in Mexico gained Data Package Exclusivity rights for Pharma products and obtained a correction resulting in an extension of the life term of pipe-line patents to match that of the ‘parent‘ patents granted abroad. This will now allow R&D Pharma companies to gain many more years of IP protection and it is predicted that this decision will save well over $1 billion dollars in potential lost sales over the next few years. 

Olivares & Cia. litigators represent intellectual property owners before various authorities – Mexican Institute of Industrial Property (IMPI), Mexican Copyright Office (INDAUTOR), Federal Commission for Protection Against Sanitary Risks (COFEPRIS), Federal Institute for the Protection of Consumers (PROFECO), Federal Court of Tax and Administrative Affairs (FCTAA), District Courts, Circuit Courts, Mexican Supreme Court, Internet Corporation for Assigned Names and Numbers (ICANN), and other regulatory and judicial bodies.

The firm also represents intellectual property clients in alternative dispute resolution and arbitration. We have a Domain Name Panelist of the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO) and members of INTA’s Panel of Neutrals, so whether it be a patent, trademark, copyright or internet related matter, we have the right attorneys to advise you and guide you through the process.

When the stakes are high, our attorneys have the track record and internal knowledge to successfully defend companies’ IP rights.