U.S. awaits for a substantial improvement of the IP environment in Mexico

By Dumont

The 2021 National Trade Estimate Report on Foreign Trade Barriers, produced by the United States Trade Representative (USTR), highlights significant foreign elements to U.S. exports, U.S. foreign direct investment and U.S. electronic commerce.

The report on Mexico is focused on the United States–Mexico–Canada Agreement (USMCA), which entered into force on July 1, 2020, modernizing and replacing the North American Free Trade Agreement (NAFTA). The USMCA maintains the zero tariffs among the three countries that were in place under the NAFTA.

“The USMCA upgrades the NAFTA in a number of key areas, including some of the strongest and most advanced provisions on
intellectual property rights (IP) and digital trade ever included in a trade agreement,” the report states.

The USTR also highlights the enactment of Mexico in July 2020 of a new law for the protection of industrial property and amendments to the Federal Copyright Law and Federal Criminal Code, which intends to implement a variety of IP commitments under the USMCA: it includes provisions on enforcement against counterfeiting and piracy, protection of pharmaceutical-related IP, protection against circumvention of technological protection measures and rights management information, unauthorized camcording of movies, satellite and cable signal theft, and transparency with respect to new GIs.

“When these laws are fully implemented, these commitments should substantially improve the IP environment in Mexico and help to modernize Mexico’s IP system. The United States continues to work closely with Mexico to make progress in addressing trade-related IP issues,” the report concludes.

USTR, United States, Mexico, USMCA