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 2026

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

Cookies Settings

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

Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Todd Hopfinger, director in Sterne Kessler’s electronics practice group, says IP owners are contemplating how patent rights will be enforced as commercial activity expands beyond Earth
Christopher Stothers' arrival strengthens the firm's life sciences, technology and UPC offering as competition for top European litigators intensifies
Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflects the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Gift this article