Tekada v. Rimsa. Mexico, the Paris Convention, the TRIPS and the PCT

Summary

This essay addresses a litigation over patent infringement initiated by a Japanese company in Mexico. The litigation was based on a patent title obtained in Mexico thanks to the recognition of a priority date seven years later. Another aspect of the litigation is that it involved the extension of the validity of said patent, as well as the infringement alleged subsequent to the extension of the term of protection. Several topics are addressed from the perspective of international law and comparative law. These range from principles of patent independence, national treatment, as well as the minimum term of protection. That is, the application of the Paris Convention, the TRIPS as well as the Patent Cooperation Treaty is analyzed.