New Copyright Law - Procedural Provisions And Enforcement

Changes to the enforcement system in Mexican Copyright Law are substantial. Traditionally, the major problem with Mexican law has been precisely enforcement. A radical reform of enforcement procedures and remedies was needed if Mexico was to satisfy the enforcement standards set in NAFTA and TRIPS.

It has been a complex process to accomplish this reform. The reason is basically that criminal penalties have been the basic means for enforcing copyrights. The 1956 law devotes a whole chapter to criminal actions, providing a list of acts that are considered crimes. However, the standard for satisfying the criminal rule has been high. In addition, the copyright law allows an injured owner to recover damages after a court has finally determined that an infringer is liable for criminal penalties. At a minimum the 1956 Law sets that the court must impose damages equal to 40% of the total value of the infringing products.