Mindful of the essential role IP rights play in the world economy, Mexico -in a short period- has experienced several reforms to its legal framework, has implemented changes of paramount importance in its structure and has adhered to different international treaties aiming to bring greater transparency and strength to its IP protection and enforcement systems, thereby, making a more attractive environment for foreign investment. 

Among these changes and implementations, Mexico:

  • Has adhered to the TPP (2016), seeking a stronger, more effective and fairer protection and enforcement for patents, trademarks, copyrights and trade secrets;  
  • Has implemented the Madrid Protocol (2013), which offers trademark owners the possibility to have their trademarks protected in several countries by simply filing one application directly with their own respective national trademark office;  
  • Has implemented the PPH program (2012), which speeds up the patent examination process for corresponding applications filed in participating patent offices;  
  • Has drafted a trademark opposition system (to be implemented within the first semester of 2016) which will toughen the trademark registration procedure in Mexico;  
  • Has implemented a system between the Mexican Patent and Trademark Office and the Mexican Customs (2011) to enable Mexican Authorities to detect counterfeit items intended to be imported into Mexico;  
  • Has implemented a new criminal justice system (2008~2016) to improve the treatment and control of criminal matters (counterfeiting) in terms of fairness, transparency, and efficiency; just to mention a few.

Regarding Mexico's current political and economic context, large reforms have taken place in the areas of energy and telecommunications which enables industrial and technological development, especially in the fields of: oil and gas, automotive, telecommunications including electric and electronic, amongst many others.

In addition, it is well-known that Mexico's geographical position provides an strategic and individual advantage for becoming involved with different markets around the world. With all these factors and changes (with many more expected throughout 2016), it is evident that Mexico is setting the optimal political, economic and legal environment for foreign companies to feel attracted and, most important, safe to invest in Mexico.

With the above in mind and considering that Mexico observes the constitutive system in which registration of IP rights is mandatory to obtain the exclusive right of use, this is definitely a very opportune moment to take advantage of the legal, political and economic environment in Mexico and seek protection of IP rights, not only to be in position of taking enforcement actions in a high counterfeiting rated country, but also to exploit the full potential of one of the most competitive and open-to-foreign-direct-investment countries.

Clarke, Modet & Co - MEXICO

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