Mexico Weighs IP Priorities Ahead of 2026 USMCA Review

As Mexico gears up for the 2026 USMCA review, intellectual property has taken center stage, amid increasing calls for the country to boost its innovation landscape. Industry leaders are stressing that strengthening intellectual property protection must be a key focus for Mexico during the USMCA negotiations.

Fernando Portugal, Director of Intellectual Property, Legal and International Affairs, AMIIF, highlights that Mexico ranks 58th in global innovation while the United States holds the third position, based on data from Index. He said this gap contradicts the spirit of the USMCA’s intellectual property chapter, which seeks to harmonize research standards across North America.

Portugal says that the disparity in innovation capacity reflects structural weaknesses that must be addressed for Mexico to align more closely with the United States. Strengthening IP protections, he adds, would support the country’s ability to participate more competitively in regional research and development initiatives.

“The trajectory of the Mexican pharmaceutical sector will be intrinsically linked to policy decisions made by the US government regarding its own pharmaceutical industry. The United States is focused on increasing investment and repatriating production, not only of finished pharmaceutical products but also of Active Pharmaceutical Ingredients (APIs),” says Martín Toscano, President, CAMEXA, to MBN. 

Other stakeholders in the ecosystem have expressed similar concerns. In a recent public consultation ahead of the USMCA review, Doctors Without Borders submitted comments stating that several pharmaceutical-related intellectual property provisions place corporate interests above public health. The organization urged the United States, Mexico, and Canada to revise the agreement and remove these provisions, arguing that such changes would help address high drug prices and protect access to affordable, quality-assured medicines and medical technologies.

According to the National Association of Drug Manufacturers (ANAFAM), the pharmaceutical industry has increasingly viewed the USMCA as a framework that signals North America’s intent to build a more self-sufficient and competitive manufacturing platform. The association stresses that reducing dependence on external sources for both active ingredients and technology remains essential for strengthening Mexico’s health sector.

Since its implementation in 2020, USMCA has been instrumental in shaping North America’s economic landscape. As USMCA approaches its scheduled 2026 review, experts agree that all parties stand to benefit from reaching a consensus to ensure continued stability and growth in the region.

“We can take advantage of USMCA to build an integrative, innovative, and resilient economy,” said Juan Bringas, Director of Entrepreneurship and Promotion, Ministry of Economic Development of Monterrey, at Mexico Business Summit 2025.

In 2023, trilateral trade under USMCA hit US$1.88 trillion, growing by double digits and making the region one of the world’s most active economic blocs. Trade between the three countries averaged US$3.6 million every minute. In the same year, Mexico and Canada overtook China as the United States’ top trading partners for the first time since 2002. By early 2024, North American trade with the United States was 195% higher than trade with China, driven by higher tariffs on Chinese imports and stronger regional cooperation.

“USMCA is more than a commercial agreement; it is a collaboration framework that has contributed to the economic development of North America” says Annabelle Larouche, Consul General of Canada in Monterrey.