Marina Hurtado Cruz

Practice Areas

Marina Hurtado leads the Baker McKenzie's Patent Practice in Mexico. With more than a decade 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 trademarks. In addition to this, Marina has extensive experience in areas of Health, Advertising and Consumer laws.

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.

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.

Professional Memberships

•National Association of Corporate Lawyers (ANADE)

•American Chamber of Commerce (AMCHAM)

•Mexican Association for the Protection of Intellectual Property (AMPPI)

•International Association for the Protection of Intellectual Property (AIPPI)

Publications

•Co-author, “International Advertising Law,” Mexico Chapter, Global Law and Business, UK, 2021

•Co-author, “Global Practice Guide for Life Sciences 2021,” Chambers & Partners UK, 2021

•Author, "Have patent term adjustments arrived in Mexico?" World Intellectual Property Review, 2021

•Author, "The impact of the USMCA on the Pharmaceutical Industry: patent rights and test data exclusivity," The Life Sciences Lawyer, Issue 3 of 2020, CTC Legal, UK, 2020

•Speaker, "The Impact of the USMCA in the New Mexican Law of Industrial Property," University of Monterrey, Mexico, 2020

•Author, "Coexistencia del Folclor Mexicano y la Propiedad Intelectual," (Coexistence of Mexican Folklore and Intellectual Property), published by IDC Review, Mexico, 2020

•Speaker, "Genetic Resources, Traditional Knowledge and its Impact on Patents in Mexico and LATAM," Munich Intellectual Property Law Center Conference on IP and Competition Law, Munich, Germany, 2020

•Author, "Are major brands stealing expressions of folklore in Mexico?" published by World Trademark Review, London, 2019

•Co-author, “Global Practice Guide for Life Sciences 2019,” Chambers & Partners UK, 2019

•Speaker, "Examining the USMCA. A Closer Look at the Patent Term Adjustment and Test Data Exclusivity,” Munich Intellectual Property Law Center Conference on IP and Competition Law, Munich, Germany, 2019

•Speaker, “Errores más comunes en la transferencia de tecnología,” (Most Common Errors in Technology Transfer Transactions), National Congress of Technology Transfer Offices Mazatlán, Mexico, 2018

•Author, “En busca del éxito comercial de investigación y desarrollo," (In Search of Commercial Success of Research and Development), Periódico Reforma, Mexico, 2018

•Author, "Sororidad Profesional" (Professional Sorority), Reporte Nivel Uno Review and Blog AMPPI (Mexican Association for the Protection of Intellectual Property), Mexico, 2018

•Speaker, “Legal Strategy for Digital Marketing,” Digital Pharmaceutical Marketing Summit, Mexico City, Mexico, 2018

Work Highlights

•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.

•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.

•Mediated intercorporate and corporate-university technology transfer negotiations, and counseled these clients in the protection of intellectual property issues.

•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.

Expert in these Jurisdictions

Mexico

Languages Spoken

Spanish, English

Industry Sector Expertise

•Intellectual Property

•Copyright

•Patent Disputes

•Patent Prosecution

•Healthcare & Life Sciences

•Consumer Goods & Retail

•Energy, Mining & Infrastructure

•Healthcare & Life Sciences Regulatory

Education