January 27, 2023

Volume XIII, Number 27

Alejandro Luna Fandiño

Alejandro Luna has been alternately dubbed “an extraordinary litigator, active at every level,” “responsive and insightful,” and “a knowledgeable IP practitioner offering creative and cost-effective advice” by his peers, according to IAM Patent 1000, while World Trademark Review’s WTR 1000 called him “a reliable ally for any party in a dispute”. Since joining OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.

As one of the few patent and regulatory litigation experts in the country, Mr. Luna has played a crucial role in updating Mexico’s intellectual property (IP) system. He participated in questioning the constitutionality of certain provisions of Mexico’s Industrial Property Law, the Federal Copyright Law, and the Health Law and its regulation. He sponsored an important proposal to modify the litigation and enforcement systems that made it easier to obtain monetary compensation for violations of IP rights.

Mr. Luna spearheaded a ten-year litigation strategy that incorporated regulation changes and lobbying and resulted in an important precedent for the patent linkage regulation and life terms of pipeline patents in Mexico. As a result of his involvement, Mr. Luna was selected as the delegate to represent the Asociación Mexicana de Industrias de Investigación Farmacéutica, AC (AMIIF), the industry association for R&D pharmaceutical companies that do business in Mexico, in negotiations concerning the Trans-Pacific Partnership (TPP) agreement, the free trade agreement between Mexico and the European Union, and the United States-Mexico-Canada Agreement (USMCA/ T-MEC), which replaced NAFTA.

Mr. Luna’s practice is not devoted exclusively to life sciences; he represents clients across a myriad of industries. He has successfully litigated pharmaceutical patents and pioneered administrative court actions to seek recognition of DPE rights (regulatory data protection submitted to the regulatory agency), which are not specifically recognized under Mexican law. His commitment to just and fair law extends to his overall promise of client satisfaction; he acts on behalf of his clients as an attorney and a lobbyist, pushing for changes to the law as necessary in order to best serve his clients.

Mr. Luna is also the author of several articles on patents, litigation, and regulatory issues in the pharmaceutical industries. He is professor at the Universidad Nacional Autónoma de México (UNAM) in the IP Master of Law and the Health Law program and currently is working on his doctoral thesis, titled “The Impact of International Treaties in the Mexican Patent Law, Pharmaceutical Patents and Related Enforcement”.

Articles in the National Law Review database by Alejandro Luna Fandiño

OLIVARES has been named a 2022 Go-To Thought Leader in the field of Biotech, Food, and Drug Law by the National Law Review. In 2022, vapes and electronic cigarettes saw substantial regulation and oversight around the world. OLIVARES attorneys Alejandro Luna Fandiño, Armando Arenas, and Gustavo A. Alcocer authored a noteworthy article detailing the state of these regulations throughout Mexico, including the sale of vaping and e-cigarette devices, and the constitutionality of the government’s various regulatory decrees. The article’s wide readership demonstrates the author’s depth of knowledge on the topic and the widespread interest in the firm’s ongoing news coverage.

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