Putting The Substantiation Of Counterfeiting Offenses In Mexico Under The Microscope

Alejandro Salas of OLIVARES questions whether requiring the submission of original objects for comparison is hindering the proper enforcement of trademark rights and represents an 'improper interpretation' of the criminal statute

The counterfeiting of trademarks for the purpose of commercial speculation stands as one of the most lucrative illegal activities in Mexico. The practice is delineated under Article 402, Section I of the Federal Law for the Protection of Industrial Property as the utilisation of an identical mark or one so closely resembling it that it cannot be distinguished in its essential aspects from a previously registered mark or one protected by law.

This unlawful conduct, unlike other offences outlined in said law, falls outside the purview of the Mexican Institute of Industrial Property, with the responsibility for sanctioning such wrongdoing resting upon the Attorney General's Office, given its classification as a special offence.