The White House Trade Representative (USTR) highlighted the achievements derived from patent agreements between Mexico and the United States.
In the area of patents, the Mexican Institute of Industrial Property (IMPI) is implementing two work-sharing agreements with the U.S. Patent and Trademark Office, which has improved the efficiency of patent examination at IMPI.
Patent agreements
The first of these agreements is the Parallel Patent Grant, signed in January 2020. The second is the Accelerated Patent Grant, signed in August 2023.
A patent is an exclusive right granted to individuals or legal entities over an invention. This title allows to commercialize, exploit or use that invention on an exclusive basis for 20 years. It may also be assigned to a third party by means of a license.
In Mexico, this right is granted by IMPI. This institution is responsible for protecting industrial property rights in the country.
Between January and December 2024, IMPI granted 10,897 patents. In addition, it registered 267 utility models and 3,101 industrial designs. All these figures are key in the national protection system. They also boost business development and strengthen Mexico’s economy.
Progress
In 2024, the Mexican Supreme Court of Justice confirmed the validity of the Mexican legislation implementing the T-MEC regarding copyrights. This legislation includes criminal penalties against circumvention of technological protection measures (TPMs) and establishes a notice and takedown mechanism.
However, USTR believes that these provisions are not yet effectively enforced. Mexican authorities face significant obstacles. These include the need to prove a “direct economic benefit” and to present a legitimate physical copy of the pirated content.
On the other hand, IMPI coordinated operations together with the federal and state police. The objective was to combat piracy, especially of products from China. Despite these efforts, counterfeiting and piracy continue to seriously affect the Mexican market.
In the area of geographical indications (GIs), the United States is asking Mexico for greater transparency. In addition, it urges due process in their protection.
It also asks that GI protection not affect the legitimate use of common names. This concern is especially relevant when such protection is granted through trade agreements.
In this way, the United States seeks to prevent interested parties from losing rights over terms of general use.