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Mexico has provisions in its legislation relating to the granting of compulsory licences.
These can be found in the Federal Law for the Protection of Industrial Property.
There are several grounds for issuing a compulsory licence.
- Lack of Exploitation (Article 148):
If a patented invention is not exploited within four years from the filing date or three years from the grant date—whichever is later—any person may request a compulsory license. The patent holder can avoid this if they provide legitimate reasons for non-exploitation or if they are importing the patented product or a product obtained through the patented process.
- Public Utility (Article 151):
In situations of national emergency, security reasons, or serious diseases declared by the General Health Council, the Mexican Institute of Industrial Property (IMPI) can issue a declaration allowing certain patents to be exploited through compulsory licenses. This measure ensures the production, supply, or distribution of essential goods or services is not hindered.
More information can be found [here](https://www.wipo.int/wipolex/en/legislation/details/20034).