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.
OLIVARES is often engaged by clients after other firms have failed. Consistently companies and outside counsel approach our firm when they have failed in the first instance of patent, trademark and copyright registration litigation. The size and depth of expertise in our litigation department is unparalleled and this is reflected in the results we achieve.
OLIVARES 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)
- 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.
Some recent notable success stories have come from all three IP areas:
- In a landmark case, OLIVARES 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 gained Data Package Exclusivity rights for Pharma products for the first time in Mexico 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.
- In a landmark pro bono case, Luis Schmidt represented the producers and directors of a controversial documentary that challenged the Mexican criminal system and ended in a precedent setting change that altered how image rights are handled within documentaries.