Intellectual Property Enforcement in Mexico
Manuel Morante and Diana Martínez of Arochi & Lindner provide an overview of intellectual property enforcement in Mexico, covering the legal avenues available, the challenges faced, and recent developments in enforcement efforts.
Manuel Morante
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Diana Martínez
View firm profileLegal Avenues for IP Enforcement
Mexico has two primary legal routes for enforcing IP rights:
- The administrative route – Handled by the Mexican Institute of Industrial Property (IMPI), this process addresses trade mark and patent violations, focusing on unauthorised usage and infringement.
- The Criminal Route – Used for more severe offenses, such as counterfeiting and piracy, this path involves the Attorney General’s Office and may lead to legal consequences, including fines and imprisonment.
Unlike some other countries, Mexico does not have a dedicated civil enforcement route for IP violations. Instead, damages are pursued only after a final ruling has been obtained through administrative or criminal procedures.
Key Challenges in IP Enforcement
“The biggest challenge is not the law – it’s the authorities’ commitment to enforcing it.”
Martínez highlights the difficulties in prosecuting IP crimes due to loopholes, a lack of judicial precedent, and weak enforcement mechanisms:
- Patent and invention violations can only be addressed through administrative means, as there are no criminal laws specifically covering these types of infringements.
- Counterfeiting cases require proving “commercial speculation,” meaning the infringer intended to profit from the fake goods.
- Mexican customs cannot seize counterfeit goods without a judicial order, making border control enforcement difficult.
- A lack of legal precedent makes it challenging to interpret laws consistently. Some cases, such as minor modifications to counterfeit trade marks, raise legal questions about what constitutes counterfeiting.
- A large informal economy makes it difficult to track and quantify damages, as many businesses do not maintain proper records of sales or losses due to counterfeiting.
The Decline and Resurgence of Enforcement Efforts
“There were more than 3,000 complaints filed, yet only four convictions – something doesn’t add up.”
A major shift occurred under Mexico’s previous administration, which deprioritised search warrants and raids on counterfeit goods. Authorities argued that many people depend on selling pirated products for their livelihood, making enforcement less of a priority than other criminal issues. This lack of action exacerbated problems, particularly during the COVID-19 pandemic, when counterfeit medicines, vaccines, and protective gear flooded the market.
However, with a new administration in place, there is renewed emphasis on protecting IP rights. A recent large-scale anti-piracy operation in downtown Mexico City resulted in the seizure of over 200,000 counterfeit products, signalling a shift toward stricter enforcement. Officials, including senior figures at IMPI and the Secretary of the Economy, have publicly stated that they will support both domestic and foreign businesses in defending their IP rights.
“Piracy is socially accepted, but that doesn’t mean it isn’t a violation of rights.”
Will A New Administration Bring Change?
While Mexico has the legal framework to enforce IP rights, challenges remain, particularly regarding border enforcement, judicial precedent, and resource allocation. The new administration’s commitment to enforcement is a positive sign, but sustained action will be necessary to combat piracy and protect the economic interests of rights holders.
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