Marina Hurtado Cruz
Biography
Marina Hurtado leads the Baker McKenzie's patent practice in Mexico. With more than fifteen years of experience handling sophisticated intellectual property matters, she advises on a broad range of areas, including prosecution, licensing, and litigation of patents, utility models, industrial designs and trade secrets. In addition to this, Marina has extensive experience in areas of life sciences, advertising and consumer laws, as well as in patent linkage matters that cover the communication between the Mexican Institute of Industrial Property with the local health authority in charge of granting marketing authorizations for pharmaceutical products.
In October 2019, Marina was appointed by the secretary of the Mexican Ministry of Foreign Affairs as ad honorem external advisor on intellectual property issues to collaborate in the development of IP public policies in Mexico.
In 2023, Marina was appointed as vice president of the IP Committee of the International Chamber of Commerce in Mexico.
Practice Focus
Marina's practice includes counseling, strategy and contentious cases for the protection and defense of patents and designs. She handles administrative litigation before the Mexican Institute of Industrial Property, nullity trials before the Federal Tribunal on Administrative Matters, constitutional litigation before the Collegiate Circuit Courts and District Courts.
She advises on advertising and labeling pre-clearance for new products and campaigns, promotions, commercial information and sanitary affairs and handles procedures before the Federal Consumer Protection Agency, the Federal Commission for the Protection against Sanitary Risks and the Interior Ministry.
Representative Legal Matters
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Advised pharmaceutical companies on patent linkage strategies in Mexico.
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Advised pharmaceutical companies on patent term extensions and complementary certificates.
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Counseled pharmaceutical companies on oppositions proceedings before the health authority to challenge marketing authorizations that may infringe patent rights.
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Handled oppositions proceedings against patents before the Mexican Institute of Industrial Property.
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Attended the World Intellectual Property Organization's negotiations of a new international instrument on IP and genetic resources as part of her position as vice president of the IP Committee of the International Chamber of Commerce, Mexico.
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Counseled companies on the protection of trade secrets.
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Handled counseling of patents, utility models and industrial designs for various clients. Coordinated audits, due diligence, licensing and strategy development for the protection, prosecution and defense of these rights.
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Litigated numerous infringement and nullity cases. Implemented winning trial strategies to protect and enforce intellectual property and advertising campaigns of leading companies in a variety of industries, such as pharmaceuticals, healthcare, cosmetics, food and beverages, consumer goods and alcohol.
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Mediated intercorporate and corporate-university technology transfer negotiations and counseled these clients in the protection of intellectual property issues.
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Covered the absence of the legal director of a pharmaceutical company, gaining an important insight into the implication of intellectual property and healthcare protection from a pharma perspective.
Professional Honors
- Up and Coming by Chambers & Partners - LATAM and Global
- Patent Star by Managing IP
- Next Generation Partner by Legal 500
- IP Leader by World Intellectual Property Review
- Recognized by IAM Patents 1000
- Recommended by IAM Patents 300, 2023
- Nominated as IP Lawyer of the Year by Legal 500, 2023
- Recognized as one of the most influential lawyers in Mexico by Foro Juridico, 2022
Professional Associations and Memberships
- National Association of Corporate Lawyers (ANADE)
- American Chamber of Commerce (AMCHAM)
- Mexican Association for the Protection of Intellectual Property (AMPPI)
- International Chamber of Commerce (ICC)
Admissions
- Mexico (2007)
Education
- Escuela de Derecho Digital (Diploma in Law, Business and Technology) (2020)
- Univ. Nacional Autonoma of Mexico (Diploma in Energy Law) (2018)
- Institute INEDUFARM (Diploma Degree in Sanitary Regulation for the Pharmaceutical Industry) (2013)
- Munich Intellectual Property Law Centre (LLM Intellectual Property) (2009)
- Universidad Nacional Autónoma de México (Law Degree) (2007)
Languages
- English
- Spanish