México on the watch list of the USTR Annual 301 Report on Intellectual Property Protection and Review of Notorious Market for counterfeiting and piracy

July 17, 2020

As you may be aware, once again Mexico has been listed on the USTR Annual 301 Report on Intellectual Property Protection and Review of Notorious Markets, due to the amount of counterfeits/piracy available in Mexico.

One of the main sections of said study identifies significant cross-cutting Intellectual Property issues, and regarding Mexico, said study addressed the following concerns:

• IP protection, IP enforcement and market access barriers with respect to pharmaceuticals and medical devices.
• Online and broadcast piracy.
• Effective police and procedures to ensure Mexican Government not to use unlicensed software.

The prevalence of counterfeits in the physical markets remains in our country, and is one of the biggest concerns of the USTR. Along with this, said report establishes that the US Government expects Mexico to implement the appropriate measures to protect pharmaceutical-related IP rights and technological measures; as well as to fight the unauthorized CamCording of movies and the satellite and cable signal theft. It is also expected from Mexico transparency with respect to new GIs; copyright protection in the digital environment, and expedite awarding of damages.

Derived from the above, said provisions have been established in the U.S.-Mexico-Canada Trade Agreement (USMCA).

IP lawyers’ Associations and Commerce Chambers in Mexico, have been working in creating a team effort with Government, and other key elements, in order to be able to implement said treaty in the most efficient manner in our country.

Moreover, at Olivares’ Anti-Counterfeit/Piracy Department, we will continue creating tailor-made programs, along out of the box actions, in order to fight counterfeit and piracy products, which affect not only the IP right holders, but the Mexican society.