The importance of border measures to fight counterfeiting in Mexico
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Partners and other senior leaders must step up if they want diverse talent at their firms to thrive
European and US counsel reveal why they are (or aren't) concerned about patent quality and explain how external counsel can help
Firms such as Bird & Bird and Taylor Wessing have reported rising profits and highlighted the role of high-profile IP disputes and hires
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers in the corporate and IP practices discuss where the firm can steal a march on competitors, its growth plans in London, and why deal lawyers are ‘concertmasters’
Kathleen Gaynor, DEI specialist at Phillips Ormonde Fitzpatrick, says deliberate actions can help law firms reach diversity goals
Scott McKeown, who moved to Wolf Greenfield one year ago, says the change has helped him tap into life sciences work and advise more patent owners
The winners of our Asia-Pacific Awards 2024 will be revealed during a ceremony in Malaysia on September 26
Zach Piccolomini of Wolf Greenfield explains how to maximise your IP portfolio’s value while keeping an eye on competitors
Witnesses at a Congressional hearing debated whether reforming the ITC is necessary and considered what any changes should look like
Gift this article