The National Customs Agency of Mexico (ANAM), through the General Directorate of Customs Investigation, has the power to order and carry out permanent inspection and surveillance in the handling, transportation or possession of goods in fiscal or bonded warehouses.
ANAM must also review the pedimentos, their attachments and other documents, including electronic or digital, when it becomes aware of any irregularity.
In such case, such irregularity will be recorded in a document drawn up for such purpose, in accordance with the corresponding procedure, and the Mexican Institute of Industrial Property (IMPI) will be notified in order to carry out the respective procedure and, if necessary, a complaint will be filed before the Attorney General’s Office (FGR).
However, according to information provided by the Mexican government, ANAM’s powers are only to review the merchandise and to inform IMPI so that it may continue the respective procedure within the scope of its functions.
The above is based on Articles 46 and 50 of the Customs Law and 3 section III, 19 sections VI, VII and XV, 40 section IX of the Internal Regulations of ANAM.
In 2020, a new type of provisional measure was introduced: the suspension, blocking or removal of material disseminated by digital media (Article 344 of the LFPPI).
Another provisional measure that can be adopted is the seizure of imported, exported or in-transit goods when IPRs are infringed (Article 344).
At the border, ANAM retains goods that allegedly violate IPR, provided that the IMPI or the FGR so orders; ANAM does not act ex officio.
The goods are retained by ANAM for a maximum of five days, during which time the holder must undertake an administrative or criminal appeal, otherwise the merchandise is released.
On the other hand, if ANAM suspects the authenticity of a product protected by an IPR, it may inform IMPI or the FGR.
To facilitate the identification of registered trademarks, ANAM administers a free Customs Trademark Database.