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On September 24, 2026, the “Decree adding various provisions to the Regulations of the Federal Copyright Law” was published in the Official Gazette of the Federation, adding a Chapter V titled “On Technological Protection Measures, Rights Management Information, and Internet Service Providers.”
Among the most relevant developments, the Decree will significantly facilitate online enforcement processes by establishing that Online Service Providers may not condition the application of these mechanisms on the submission of registration certificates, titles, or any other documentation by the holder of the copyright, related right, or other intellectual property right protected under the Law. This, together with the clarified timeframes for re-enabling content following a counter-notice (ten to fifteen business days) and for the person who filed the original notice to prove that a judicial or administrative proceeding, a criminal complaint, or an alternative dispute resolution mechanism has been initiated (fifteen business days), considerably streamlines the handling of these procedures.
The new Chapter V incorporates articles 37 Bis through 37 Nonies, which develop the mechanisms for the effective protection of technological measures and rights management information, clarifying that such protection is independent from that granted to copyright and related rights.
The Decree also details the requirements that notices and counter-notices must contain when submitted by rights holders, or their representatives, to Online Service Providers, including the electronic location of the challenged content, a brief description of the facts, the contact information of the person filing the notice, and a statement under oath as to the truthfulness of the information.
The Decree will enter into force ninety business days after its publication, and notices and counter-notices filed prior to that date will be processed in accordance with the provisions in force at the time of their filing.
At OLIVARES, we can advise you on the implementation of these new provisions, including the review and update of notice-and-counter-notice mechanisms, as well as compliance with the obligations applicable to Online Service Providers.
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