Guaranteed authenticity: towards a new model of comprehensive protection in Mexico

The main objective is to establish an explicit regulatory link between consumer protection and the defence of industrial property rights. Although the proposal has been under discussion for five months, its progress could be accelerated by the recent presentation, on 15 September, of a new reform initiative focused exclusively on the LFPPI.

The initiative is based on the recognition that counterfeiting, trademark misuse and unfair competition not only violate the rights of industrial property owners, but also represent a direct threat to consumers. In this sense, in addition to protecting economic rights, this reform seeks to safeguard the health and safety of consumers, who could be exposed to low-quality counterfeit products.

What already existed

Until now, the LFPC and the LFPPI had operated on separate tracks:

• The former with a focus on consumer protection against commercial abuses.
• The second focused on protecting the exclusive rights of trademark, patent and other distinctive sign holders.

Coordination between PROFECO and IMPI was limited to ad hoc exchanges of information, without a formal framework for joint action.

What changed

The initiative introduces far-reaching innovations:

• In the LFPC:
  • Consumer protection against products that infringe industrial property rights is incorporated as a guiding principle.
  • PROFECO is empowered to order the precautionary seizure of counterfeit goods or goods with unauthorised distinctive signs.
  • Articles 98 Quater and 98 Quintus are added, which establish institutional coordination mechanisms with IMPI for joint inspection, surveillance and sanctioning.
• In the LFPPI:
  • Article 353 Bis is added, which empowers IMPI to collaborate with PROFECO in operations to verify and secure products that simultaneously infringe industrial property and consumer rights.
• Complementary measures:
  • Creation of a joint IMPI-PROFECO regulation to coordinate inspection procedures, exchange of information and seizure of products.
  • National consumer education campaigns on the risks of purchasing counterfeit products and the importance of consuming original goods.

Practical implications:

The proposed model creates relevant opportunities and challenges for all actors in the consumer ecosystem:

• Traceability and reinforced labelling as authenticity verification tools.
• Greater legal certainty in consumption, by ensuring that marketed products respect industrial property rights.
• Regulatory harmonisation with international standards, such as those adopted by the European Union, the United States, Japan and other countries that recognise industrial property as an instrument of consumer protection.
• Direct impact on the operation of suppliers of goods and services, who will have to implement verification, traceability and regulatory compliance processes to ensure that the products marketed do not infringe industrial property rights, at the risk of administrative sanctions and precautionary seizures.
• Strengthening consumers' rights, ensuring access to authentic, safe and truthfully informed products, which contributes to a more transparent and trustworthy consumer environment.

Conclusion

The legislative initiative redefines the role of industrial property in the consumer ecosystem by integrating it as a key tool for consumer protection. By strategically linking two areas that have historically operated separately, it builds a more robust and modern regulatory framework that is aligned with international standards. This reform not only demands greater accountability from suppliers, but also empowers consumers by guaranteeing them access to authentic and safe products. More than a legal update, it is a profound transformation of the economic and social protection model in Mexico.

by Andrea Chávez

Associate at ECIJA Mexico