The importance of border measures to fight counterfeiting in Mexico

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

The importance of border measures to fight counterfeiting in Mexico

Sponsored by

olivares-400px.jpg
border-62866.jpg

Intellectual property rights holders face a race against time to prevent the arrival and circulation of counterfeit goods in Mexico. Jose Carlos Ramirez of Olivares explains the protection available through border measures

Border measures are a fundamental legal instrument to fight piracy and/or counterfeiting since they allow counterfeit products to be seized before they enter the country and into circulation within the Mexican market.

Such border measures can be implemented through criminal proceedings with the filing of a criminal complaint before the Attorney General's Office or through administrative proceedings with the application of measures before the Mexican Institute of Industrial Property, which, in coordination with the National Customs Agency of Mexico and conditional upon compliance with every requirement established by the applicable laws of Mexico, suspend the free circulation of the imported goods.

One of the great challenges faced in these actions is the short period of three days in which the holders of intellectual property (IP) rights have to detect and begin actions against piracy before the concerned products continue with the importation process.

For this reason, and to continue strengthening this system to fight counterfeiting in Mexican customs, there must be effective communication between the authorities and IP rights holders, allowing early identification of this type of merchandise to facilitate its seizure.

This will be achieved by the rights holders and the authorities increasing and implementing regular training and working groups so that they can correctly and quickly identify goods in relation to IP rights, activities that Olivares carries out constantly.

more from across site and SHARED ros bottom lb

More from across our site

Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
Gift this article