Mexico: A guide to Mexico’s anti-counterfeiting law
Art. 402. The following acts constitute crimes.
I. Counterfeiting trademarks with the intention of commercial speculation. For the effects of this law, counterfeiting will be understood as the act of using an identical mark or in such a manner that it cannot be distinguished in its essential aspects with a previously registered mark or one protected by this law, without the authorisation of its legitimate owner or its licensee, to falsely represent a good or service as original or authentic. To prove that it has been counterfeit, it will be sufficient if the mark is used identically or in such a manner that it cannot be distinguished in its essential aspects, as depicted in the trademark registration certificate, or in its case, in the resolution that estimates or declares its notoriety or fame;
II. Producing, storing, transporting, introducing to the country, distributing or selling, with commercial speculation purposes, objects that bear counterfeits of marks, as well as supplying or providing in any manner, knowingly, materials destined to produce objects bearing such counterfeits.
Criminal procedure (accusatorial/ adversarial system):
Trademark counterfeiting is investigated and prosecuted ex parte.
A criminal complaint shall be filed before the Special Unit in Charge of the Investigation of Copyright and Industrial Property Crimes (UEIDDAPI).
The UEIDDAPI will request that the Mexican Institute of Industrial Property (MIIP) proves the ownership of the trademark registration being counterfeited, and will grant a term to carry out an inspection in the premises of the presumed counterfeiter to seize all merchandise bearing the trademark of interest, serving the alleged counterfeiter of the criminal accusations against him/her.
