Mexico Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in mexico, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
Select Country Guide
Protecting Intellectual Property
Last published date:

Responsibility for intellectual property rights (IPR) protection is spread across several government agencies in Mexico. The Office of the Attorney General (Fiscalía General de la República or FGR) oversees a specialized unit, UEIDDAPI (Unidad Especializada en Investigación de Delitos contra los Derechos de Autor y la Propiedad Industrial), that prosecutes IPR crimes. The Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial or IMPI) is responsible for granting patents and registering trademarks and handles administrative enforcement cases involving allegations of IPR infringement. 

The National Institute of Copyright (Instituto Nacional del Derecho de Autor or INDAUTOR) administers copyright registrations and mediates certain types of copyright disputes, while the Federal Commission for the Protection Against Sanitary Risks (Comisión Federal para la Protección contra Riesgos Sanitarios or COFEPRIS) regulates pharmaceuticals, medical devices, and processed foods. The Mexican National Customs Agency (Agencia Nacional de Aduanas de México or ANAM) ensures that illegal goods do not cross Mexico’s borders.

Mexico was listed on the Priority Watch List in the 2025 Special 301 Report: https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf

Obstacles to U.S. trade in intellectual property (IP) intensive goods and services include the wide availability of pirated and counterfeit goods, via both physical and online markets. As broadband access increases, so has online piracy, and stakeholders report that Mexico has one of the highest rates of music and video game piracy in the world. Criminal enforcement of IP rights, including online, continues to be characterized by weak coordination among federal, state, and municipal officials, limited resources for prosecutions, the lack of sustained investigations targeting suppliers of counterfeit and pirated goods and services, and the lack of sufficient penalties to deter violations. Brand owners also face bad faith trademark registrations, making it important for companies to register their trademarks early. Moreover, rights holders continue to express concern about the length of administrative and judicial patent and trademark infringement proceedings and the persistence of continuing infringement while cases remain pending. The El Santuario and the Mercado San Juan de Dios markets in Guadalajara and the Tepito market in Mexico City are listed in the 2024 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List) for selling pirated and counterfeit goods.

As part of its IP commitments under the USMCA, Mexico undertook significant legislative reforms, with amendments to its Copyright Law and Criminal Code and the passage of the 2020 Federal Law for the Protection of Industrial Property. Unfortunately, Mexico still has not issued implementing regulations for the Copyright Law amendments or the Federal Law for the Protection of Industrial Property, which has created uncertainty for the creative and innovative sectors looking to protect and enforce their IP. In addition, stakeholders continue to report that Mexican authorities are not enforcing certain provisions of the Copyright Law. In 2024, the Mexican Supreme Court upheld the constitutionality of Mexico’s USMCA implementing legislation related to copyright, specifically those that concern criminal sanctions for circumvention of technological protection measures (TPMs) and notice-and-takedown procedures. However, there is no indication that Mexican authorities are applying the provisions that criminalize circumvention of TPMs.

Guiding Principles for Effective Protection and Enforcement of Your IPR

In any foreign market, companies should consider several general principles for effective protection of their intellectual property. For background, link to our article on Protecting Intellectual Property and Stopfakes.gov for more resources. 
Several general principles are important for effective management of IPR in Mexico. First, it is important to have an overall strategy to protect your rights. Second, IPR is protected differently in Mexico from in the United States, so you need to understand the specific procedures for Mexico. Third, rights must be registered and enforced in Mexico under national legislation. Your U.S. trademarks and patents will not protect you in Mexico. However, signatories of the Berne Convention for the Protection of Literary and Artistic Works provide protection to each other’s copyrighted works and are provided with the same rights as Mexicans.

Securing of patents and trademark rights is on a first-to-file basis, so you should consider applying for trademark and patent protection even before selling your products or services in the Mexican market. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. Government (USG) generally cannot enforce rights for private individuals in Mexico. It is the responsibility of the rights holders to register, protect, and enforce their rights and, where relevant, retain their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Mexican law. The U.S. Commercial Service in Mexico maintains a list of local attorneys but assumes no responsibility for the professional ability or integrity of the providers listed.

It is important that rights holders take fundamental steps necessary to secure and enforce their IP in a timely fashion. In many countries, rights holders who delay enforcing their rights may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a lawsuit. In no instance should USG advice be a substitute for the obligation of a rights holder to promptly pursue its case.

It is always advisable to conduct due diligence on potential partners. Negotiate with a full understanding of the position of your partner and give your partner clear incentives to honor the contract. A good partner is an important ally in protecting IP rights. Consider carefully, however, whether to permit your partner to register your IP rights on your behalf. Doing so may create a risk that your partner will list themselves as the IP owner and fail to transfer the rights should the partnership end. Projects and sales in Mexico require constant attention. Work with legal counsel familiar with Mexican laws to create a solid contract that includes non-compete clauses and confidentiality/non-disclosure provisions.

It is also recommended that small and medium-sized companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations based in both Mexico and the United States. These include:

  • U.S. Chamber of Commerce
  • American Chamber of Commerce in Mexico (AmCham)
  • National Association of Manufacturers (NAM)
  • International Intellectual Property Alliance (IIPA)
  • International Trademark Association (INTA)
  • Coalition Against Counterfeiting and Piracy
  • International Anti-Counterfeiting Coalition (IACC)
  • Pharmaceutical Research and Manufacturers of America (PhRMA)
  • Biotechnology Industry Organization (BIO)
  • Mexican Association for the Protection of Intellectual Property (AMPPI)
  • National Association of Corporate Lawyers (ANADE)
  • Mexican Association of Research Pharmaceutical Industries (AMIIF)
  • Protective Association of Phonographic Intellectual Property Rights (APDIF)
  • Mexican Association of Phonogram Producers (AMPROFON)
  • Motion Picture Association (MPA)
  • Business Software Alliance (BSA)

IP Resources

A wealth of information on protecting IP is freely available to U.S. rights holders. Some excellent resources for companies regarding intellectual property include the following:

  • For information about patent, trademark, or copyright issues -including enforcement issues in the United States and other countries- call the Department of Commerce’s STOP! Hotline at +1-866-999-HALT.
  • For more information about registering trademarks and patents (both in the United States as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO) at +1-800-786-9199 or visit https://www.uspto.gov/ip-policy/ip-attache-program.
  • For more information about registering your copyright in the United States, contact the U.S. Copyright Office at +1-202-707-5959 or visit https://www.copyright.gov.
  • For more information about how to evaluate, protect, and enforce intellectual property rights and how these rights may be important for businesses, visit the STOPfakes website.
  • For information on obtaining and enforcing intellectual property rights and market-specific IP Toolkits, visit STOPfakes IPR Toolkits. The toolkits contain detailed information on protecting and enforcing IP in specific markets and contain contact information for local IPR offices abroad and USG officials available to assist small and medium-sized enterprises (SMEs). Also see the Mexico IP Snapshot.
  • An English-language overview of Mexico’s IPR regime can be found on the WIPO website.
  • Although a firm or individual may apply for a patent or trademark directly, most foreign firms hire local law firms specializing in intellectual property. The U.S. Commercial Service’s Business Service Provider program has a partial list of local lawyers.
  • United States Trade Representative: Special 301 Report
  • To access the Mexico Investment Climate Statement, which includes information on the protection and enforcement of intellectual property rights, visit the U.S. Department of State Investment Climate Statement website.

 

Additional resources for rights holders:

Intellectual Property Acting Attaché
Claudia Rojas
Senior Legal Specialist for Intellectual Property
U.S. Embassy Mexico City
Liverpool No. 31 Col. Juárez
C.P. 06600 Mexico City
Tel: +52 (55) 5080-2000, ext. 5222
Claudia.Rojas@trade.gov

American Chamber of Commerce Mexico
Paseo de la Reforma 295 Col. Cuauhtémoc 
C.P. 06500 Mexico City
Tel.: +52 (55) 5141-3820
amchammx@amcham.org.mx

National Institute of Copyright (INDAUTOR)
Puebla No. 143 Col. Roma, Del. Cuauhtémoc
C.P. 06700 Mexico City
Tel: +52 (55) 3601-8270
unidadenlace@cultura.gob.mx 

Mexican Institute of Industrial Property (IMPI)
Periférico Sur No. 3106 Piso 9, Col. Jardines del Pedregal
C.P. 01900 Mexico City
Tel: +52 (55) 5624-0401/04, +52 (55) 5334-0700
relaciones.internacionales@impi.gob.mx  


For more information, contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell at Stevan.Mitchell@trade.gov.

×

Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

Privacy Program | Information Quality Guidelines | Accessibility