Mexico: Fighting counterfeits during COVID-19

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Fighting counterfeits during COVID-19

Sponsored by

olivares-400px.jpg
definition of counterfeits

Unfortunately, Mexico remains on the Watch List of the Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy compiled by the Office of the United States Trade Representative (USTR). In this document, the United States government reviews and evaluates the protection actions that governments have taken to fight against counterfeits and piracy. The document concluded that the Mexican government has so far not adequately implemented the necessary actions for the protection of intellectual property rights.

In accordance with the foregoing, the Mexican government should implement measures in order to strengthen actions against piracy and counterfeiting. However, the situation arising from the COVID-19 pandemic has changed the whole panorama of our country. Proof of this is that, as a result of the health security measures that have been implemented in Mexico to prevent the spread of COVID-19, the competent authorities have suspended their work. Actions such as inspections, seizures, investigations, admission of infringements actions, etc. have been suspended.

We must bear in mind that there has been an increase in counterfeits and piracy worldwide mainly due to the implementation of e-commerce.

According to data from the Research, Consumption and Telecommunications department of the International Data Corporation (IDC), e-commerce is expected to increase by 60% in Mexico at the end of 2020. As a result, our country will need to implement adequate legal measures for the protection of IP rights in the digital environment, hand-in-hand with seizure of products once they are imported.

Despite the above, intentions have been demonstrated by the federal government to continue the fight against piracy and counterfeits. The best example is that recently the Mexican Institute of Industrial Property (IMPI) referenced the possibility of introducing measures in order to obtain seizure at customs by the IMPI. This will mean cooperation between Mexican customs and the Mexican Institute of Industrial Property so that right holders can initiate actions to stop violations and infringements of their IP rights. It is an important bit of progress to highlight, since this is the only procedure that has been initiated by the IMPI on litigation matters during the pandemic.

The Attorney General's Office continues with its work carrying out mainly seizures of counterfeit products in customs, due to the possible commission of crimes. However, raids initiated due to the violation of IP rights have been stopped due to public health issues.

As a result, we must be clear about the need to implement new, effective and adequate ways to fight against piracy/counterfeits, such as the possibility of executing online actions in order to carry out "takedowns" of websites and social media that offer illegal products, auctions sites, along with efficient and early detection and implementation for the seizure of illegal products.

Without a doubt, Mexico has an unbeatable opportunity to renew our systems of protection for IP rights. The country depends on the intention of all rights holders, the federal authorities and society itself, to improve our reality after this pandemic. We must take advantage of this crisis to improve as a society and generate a better future for all.

Fernanda Díaz

more from across site and SHARED ros bottom lb

More from across our site

Koen Bijvank of Brinkhof and Johannes Heselberger of Bardehle Pagenberg discuss the Amgen v Sanofi case and why it will be cited frequently
View the official winners of the 2025 Social Impact EMEA Awards
King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Gift this article