2 Laws, 1 Urgent Goal: Protecting Creativity in the Digital Era

In April and May 2026, Mexico took significant steps to modernize its intellectual property regulations. Two fundamental laws were amended: the Federal Law on the Protection of Industrial Property (which protects trademarks, patents, designs, and other business assets) and the Federal Copyright Law (which protects the works of artists, musicians, writers, and content creators). The reforms respond to a common pressure: the digital economy, artificial intelligence, and Mexico's trade commitments to the United States and Canada under the USMCA impose new rules of the game that legislation from years past could no longer adequately address.

Stronger Protection for Trademarks and New Rules

One of the most visible changes is the strengthening of trademark registration and enforcement. Congress approved a comprehensive reform that introduces new grounds for denying or canceling a trademark registration. Simply put certain signs can no longer be registered as trademarks if they are linked to the cultural heritage, knowledge, or expressions of Indigenous peoples and Afro-Mexican communities, unless the application comes from members of those communities themselves. This represents an explicit recognition that indigenous cultures deserve protection from those who might commercially appropriate their symbols and traditions.

In addition, Mexico is regulating so-called “Ambush Marketing” for the first time. What does this entail? It is the practice of some companies associating their brand with a mass event — a concert, a sports tournament, a cultural festival — without being an official sponsor, thereby taking advantage of the event's atmosphere and visibility. Under this reform, such conduct is expressly prohibited and classified as an administrative offense.

Patents: Faster Processing Times, Greater Legal Certainty.

One of the long-standing problems with Mexico's industrial property system is the slow resolving applications by the Mexican Institute of Industrial Property (IMPI). The reform establishes shorter processing times for procedures such as the registration of industrial designs, trade names, and the filing of licenses and technology transfer agreements.

To address delays in resolving applications, a Mandatory Review Procedure for Patent or Registration Determinations has been created, which will be applied by a specialized technical committee of the IMPI Governing Board when a final decision is not issued within the legal deadlines. In simple terms: if the IMPI fails to issue a ruling on time, there is now a specific mechanism allowing applicants to demand that their application move forward.

The possibility of “recovering lost rights” for justified reasons is also introduced. Previously, if a company allowed its registration to expire due to an administrative error or unforeseen circumstances, it could permanently lose its trademark or patent. The new provision for reinstatement of rights and restoration of the priority date allows for the recovery of that protection under certain conditions.

In the pharmaceutical sector, in alignment with the USMCA, it is established that drug patents may be granted a term extension when the marketing authorization process before health authorities has unreasonably consumed the period of protection. This aims to ensure that patent holders can effectively benefit from their invention.

Artificial Intelligence as an Aggravating Factor

The update establishes that the administrative infractions listed in Article 386 of the Law will be punished more severely when committed through the use of artificial intelligence. In other words, infringing a trademark or committing industrial property fraud using AI tools is no longer the same as doing so in a "traditional" manner — the law treats it as aggravated conduct.

Protection of Artists Against Artificial Intelligence

On April 15, the Senate approved an amendment to protect the voice, image, and labor and copyright rights of actresses, actors, and other performing artists against their unauthorized use through artificial intelligence tools. This means that a company or platform cannot, without the performer’s express permission, use AI software to imitate their voice, recreate their image, or reproduce their performance style for commercial purposes.

Why does this matter? Because today's technology is already capable of generating, in a matter of minutes, nearly identical digital versions of a singer's voice or an actor's appearance. These artificial creations can circulate on the internet and be used in advertising or content without the original artist's consent — or any compensation. 

Liability of Internet Platforms

On May 29, 2026, the Federal Executive sent a bill to Congress that amends the Copyright Law in a way that could significantly change how digital services operate in Mexico. The bill proposes amending Article 114 Octies and adding Articles 114 Nonies and 232 Septies to the Federal Copyright Law, regarding secondary liability for internet service providers.

Currently, platforms and internet service providers benefit from what is legally known as "safe harbor": in principle, they are not liable for content that their users upload or share, provided they act promptly to remove material that infringes copyright upon receiving notice. The new regulation proposes that, when an internet service provider fails to meet the conditions of the safe harbor, it ceases to be a neutral intermediary and, consequently, loses that benefit and may be held secondarily liable for infringements committed by its users.

In practice, this means that any provider that, knowing its users are uploading pirated content, does nothing about it — or even profits financially from it — may be directly penalized, as if it had committed the infringement itself. The notice-and-takedown mechanism had already proven effective: between 2023 and 2024, more than 127 million pieces of infringing content were removed from digital platforms, equivalent to approximately 348,000 removals per day. The reform seeks to sustain and strengthen that result.

The Relationship With the USMCA

Both changes are part of a broader effort to fulfill the commitments Mexico made under the USMCA, the trade agreement with the United States and Canada. The reform to the Copyright Law regarding internet service providers seeks to harmonize Mexican legislation with the international standards set forth in the agreement, which entered into force on July 1, 2020. At a time when that treaty is under review, having robust intellectual property legislation is also a sign that Mexico is fulfilling its commitments to its trading partners.

These reforms have concrete effects on everyday life. If you're an artist or content creator, you now have more legal tools to prevent AI from reproducing your work without permission. If you own a business with a registered trademark, the administrative processes will be streamlined, and you'll have more resources to defend your registration. If you're a user of digital platforms, the companies that operate them will have greater obligations to take action when pirated content circulates on those platforms. And if you represent a company that works with intellectual property, the message is clear: Mexico is updating its legal framework to bring it in line with international standards and the challenges of the digital economy.

Intellectual property is no longer just a matter for lawyers and large corporations. In the 21st-century economy, it is the most important asset of entrepreneurs, artists, innovators, and communities. And with these reforms, Mexico is signaling its intent to protect it more effectively.