Harmonization of the Mexican laws for the entry into force of the USMCA

Upon the entry into force of the Treaty between the United States of America, the United Mexican States and Canada (USMCA), last July 1st, the Sixty-fourth Legislature approved the amendment to several laws to harmonize Mexican provisions with the relevant Treaty.

A brief report of the most relevant amendments and additions that were published in the Evening Edition of the Federal Official Gazette on July 1, 2020 are included below:

1- A new Federal Law for the Protection of Industrial Property was enacted and the Industrial Property Law, in force since June 27, 1991, was repealed in order to comply with Chapter 20 of the USMCA.

The new law will enter into force within 90 working days from its publication. It:

a) Includes provisions for the protection of innovation through invention patents, registrations of utility models, industrial designs, layout-designs of integrated circuits, supplementary certificates, trademarks, industrial secrets, collective or certification trademarks, trade names, denomination of origin, geographical indications and others.

b) Seeks to prevent unfair competition.

c) Promotes  investments of industrial application, technical improvements,  design, promotion of technological knowledge and others.

d) Provides a non-renewable term of 20 years for patents and includes actions that seek to promote, principally, patent of patent drugs.

e) Contains new administrative procedures and new sanctions.

2- A new Quality Infrastructure Law was enacted and the Federal Law on Metrology and Standardization was repealed in order to boost competitiveness and ensure that products and services comply with global standards.

Additional regulation regarding greater compatibility with sanitary and phytosanitary measures for Mexico compatible with the United States of America and Canada is included. Likewise, the new law, inter alia, contains the operation of the National Commission on Quality Infrastructure, the name Norma Mexicana is replaced by “Standard” (“Estándar”) in accordance with international treaties, authority to issue standards is expanded, benefitting the industrial and business sector, verification becomes inspection, consequently creating  inspection units, among other regulation.

3- Several provisions of the Federal Criminal Code were amended and added. The main purpose of the amendments and additions is directed to increase punishment of criminal conducts affecting satellite signals, cinematographic works, cable signals, copyright protection and related rights.

4- Likewise provisions of the Federal Copyright Law were amended and added to include digital locks and a mechanism for notification and withdrawal of content presumably protected by copyright.

5- The Law on General Importation and Exportation Taxes was enacted, and several provisions of the Customs Law were amended and added to update tariff rates and to include technological products that previously had no classification.

Should you have questions or require advice   regarding the foregoing information, please contact any of our partners or associates.

Yours sincerely,

Cannizzo