For the first time in several years, we are observing encouraging signs that criminal enforcement of intellectual property rights in Mexico may be entering a new phase.

The developments we are observing are not limited to increased enforcement activity or seizure statistics. More importantly, they suggest a broader institutional effort to strengthen the legal framework, refine prosecutorial criteria and enhance the effectiveness of criminal proceedings involving intellectual property rights.

Recent interactions with the leadership of the Special Prosecutor's Office for Crimes against Copyrights and Industrial Property (FEIDCDPI) have provided valuable insight into the institutional priorities currently shaping criminal IP enforcement in Mexico.

One of the most encouraging developments is the Office's willingness to maintain an open dialogue with rights holders and practitioners, reassessing practices and prosecutorial criteria that have, in recent years, hindered the effective prosecution of criminal IP cases.

The initiatives currently being promoted by the Special Prosecutor's Office suggest a strategic evolution in the way intellectual property crimes are investigated and prosecuted, including intelligence-led investigations focused on dismantling criminal networks rather than pursuing isolated infringers, enhanced recognition of victims' procedural rights throughout criminal proceedings, stronger inter-agency coordination, closer alignment with Mexico's international commitments under the USMCA, and legislative initiatives intended to strengthen the criminal framework applicable to intellectual property offenses.

The Special Prosecutor's Office also presented encouraging enforcement figures for the first half of 2026, reflecting substantial increases in products seized, criminal investigations, arrest warrants executed and defendants formally bound over for criminal proceedings.

If these initiatives continue to evolve and are consistently implemented, rights holders may benefit from a more effective criminal enforcement environment, particularly in matters involving organized counterfeiting operations, piracy, commercial-scale infringement and repeat offenders.

Whether these initiatives ultimately translate into long-term structural improvements will depend on their consistent implementation by prosecutors, investigative authorities and the courts, as well as on continued efforts to foster closer coordination with Mexico's customs authorities, particularly in combating cross-border counterfeiting and illicit trade. Nevertheless, the direction of these developments appears encouraging.

Rights holders should not only closely monitor these developments but also leverage these communication channels to strengthen cooperation with the authorities to enhance investigations and integrate coordinated criminal enforcement into broader intellectual property protection strategies in Mexico.

We will continue to monitor these developments closely and keep our clients informed of any legislative, institutional and enforcement changes that may affect the protection and enforcement of intellectual property rights in Mexico.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department
Abraham Díaz

Abraham Díaz

Partner

Abraham Díaz is a Partner at OLIVARES. He co-chairs OLIVARES’ Litigation and Anticounterfeiting Teams, as well as Data Privacy Industry group and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on litigation, trademarks, copyright, unfair competition, licensing, prosecution and opposition matters. He also counsels clients on trade dress, product configuration, advertising, trade secrets, plant breeders’ rights, right of publicity; Internet and digital environment related issues, IT and Data Privacy matters.
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.

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