Counterfeit issues in Mexico


Edith López-Bautista

Over time, counterfeiting has increased in Mexico and is now a serious problem to which the Federal Government has turned its attention.

Efforts to tackle counterfeiting include not only legislative amendments but also the implementation of strong and targeted measures and actions taken by the authorities.

The recent and most important legislative amendments in this area include amendments to the Criminal Code and the Mexican Industrial Property Law that took effect in 2010. 

The amendment to the law allows the possibility that IP crimes are prosecuted ex officio. This provision is applicable only when items bearing counterfeit marks are sold to any end user or in public places wilfully and for commercial reasons. As to the Criminal Code, the amendment established that the majority of punishable conducts related to IP would be prosecuted ex officio.

counterfeits, trademarks, Mexico, IP, IMPI