Mexico - Market Insights

Current landscape of IP enforcement in Mexico

Over the past several years, intellectual property (IP) has not always occupied a central place within the priorities of Mexican authorities. Unfortunately, political considerations appear to have been the primary driver of this diminished priority. Various organizations have documented gaps in enforcement actions related to IP, highlighting the need for stronger coordination and sustained commitment to this area.

Beginning in 2020, the Office of the Attorney General shifted its focus toward investigating the origins of illicit goods rather than conducting raids or reactive enforcement operations. While the argument initially sounded promising, the outcome was not as expected: seizures of counterfeit goods dropped to zero, and prosecutions and convictions did not increase.

After five years of inactivity and poor interagency coordination, Mexico was placed on the Priority Watch List in the US Special 301 Report. This marked only the second time in history — since the report’s inception in 1989 — that Mexico received this designation. Long‑standing recommendations had gone unaddressed, and the lack of systemic improvement ultimately led to this outcome.

By 2026, global political dynamics, including the threat of tariffs, became decisive. The review of the USMCA/T‑MEC trade agreement (a free trade agreement among the United States, Mexico, and Canada) placed innovation and IP‑related investment squarely in the spotlight, intensifying pressure on Mexico.

Despite legislative reforms in 2020 — such as the enactment of the Federal Law for the Protection of Industrial Property and amendments to the Copyright Law — the absence of implementing regulations continued to generate legal uncertainty and hindered the application of key provisions.

The Special 301 Report highlighted Mexico as one of the countries with the highest piracy rates in the music and video game industries, driven by illegal streaming platforms, downloads, and devices. Investigations involving technological aspects remain a challenge for authorities, who often still approach piracy as if it were limited to physical goods.

Greater training and investment in investigative tools are urgently needed. IP crimes today are intertwined with other serious offenses, including money laundering and organized crime schemes. Authorities must adopt a holistic perspective, recognizing the complexity of these cases and the need for specialized knowledge across multiple disciplines.

Unfortunately, prosecutors often refuse to investigate all crimes involved and seem to adopt a position of resolving cases based on administrative criteria/obstacles instead of thorough investigation.

Online sales through platforms and marketplaces also demand closer scrutiny. At first glance, authorities may dismiss these cases as minor retail activity, but in reality, international commerce is now accessible to any consumer. Without understanding industry dynamics, distribution routes, and evolving sales models, enforcement risks being reduced to speculation.

Notorious markets continue to operate openly under the eyes of authorities. Counterfeit goods, including consumer products and medicines, proliferate without consistent enforcement, jeopardizing not only IP rights but also public health.

In 2024, the Mexican Trademark Office (IMPI), supported by the Ministry of Economy, launched “Operativo Limpieza”. The resultant administrative actions provided relief to rights holders and raised hopes for improved enforcement. However, the process often requires rights holders to post guarantees and cover storage costs, making it impractical in many cases.

While administrative authorities have shown willingness to act, piracy is fundamentally a criminal offense and must be addressed through appropriate legal mechanisms. In the case of pharmaceuticals, parallel actions with health authorities are possible, but high‑value and specialized products — often linked to organized crime — require targeted and more aggressive measures.

From the private sector’s perspective, there is cautious optimism. After six years of stagnation, recent months have shown signs of renewed government interest, including a raid in Tepito, one of Mexico’s notorious markets. Yet these efforts cannot remain isolated or event‑driven, whether tied to major sporting events or external trade pressures.

Effective IP enforcement is essential to uphold the rule of law, restore institutional credibility, and sustain investment, innovation, and national development. Mexico, as one of Latin America’s largest economies, must approach piracy as a complex, multifactorial phenomenon. Social drivers behind consumer demand for counterfeit goods must be studied and addressed.

Industry collaboration is also critical. Preventive measures, such as consumer education campaigns highlighting the risks of piracy, should complement enforcement. Legal standards must evolve to ensure effective damage recovery, and judicial processes must become more efficient to provide timely remedies for rights holders. This is a clear example of one of the changes that came in with the enactment of the IP Law in 2020, but which have not been implemented.

Mexican creativity, resilience, and optimism are undeniable. These qualities should be channeled toward technological innovation and the strengthening of IP protection. Repositioning intellectual property on the political agenda must be a priority for practitioners and policymakers alike. With education and investment, Mexico can move toward a stronger IP system for future generations.

The current outlook remains challenging, but opportunities lie ahead. Emerging technologies, including artificial intelligence, demand a broader understanding and coordinated action across all stakeholders in the IP ecosystem. With sustained effort and unified commitment, Mexico can confront piracy more effectively and build a more reliable enforcement framework.