The failures of the application of the Mexican law cause an USTR warning before the USMCA examination

Mexico has been appointed priority delinquent on a surveillance list of the American government which is not enough to protect intellectual property rights.

The office of the United States Commercial Representative (USTR) announced on Tuesday that it considered its southern neighbor as among the worst delinquents of intellectual property rights (IP), passing in Mexico from its surveillance list to its priority surveillance list.

Today, the representative of the United States Office has published its special 301 report of 2025 on the adequacy and efficiency of the protection and application of intellectual property rights by American trade partners.https://t.co/wyd40gtmzd

– Commercial representative of the United States (@ustraderep) April 29, 2025

There are only seven other countries on the priority surveillance list: China, Chile, Argentina, India, Indonesia, Russia and Venezuela. Eighteen countries are on the surveillance list.

The USTR prepares these surveillance lists each year from analyzes of more than 100 business partners, examining the gaps and violations of intellectual property rights.

In his Special report 301 on IP protection and applicationThe USTR has cited “long-time and important intellectual property concerns that have not been resolved, many of which relate to the implementation by Mexico of the American-mexico-Canada (USMCA) agreement”.

The USTR has lowered Mexico for its non-compliance with brand counterfeiting and piracy protection of the Copyright Protection of Pharmaceutical IP, pre-established damages for copyright violation and brand counterfeiting, as well as protection against plant variety.

“Our trade partners must respond to the concerns identified in the special report 301 and prevent those who steal the intellectual property of companies and individuals who work hard,” said US trade representative Jamieson Greer when the report is published.

Countries considered to support an unjust IP playground could be subject to action in application of trade.

In addition, by being part of the priority surveillance list, Mexico risks poor loot before Next year on the USMCA exam.

Mexico is impatient of a positive examination of the trade agreement as it Sends more than three quarters of its exports to the United States

It will not be easy.

Mexico was on the USTR’s monitoring list for several years, Reuters reported. In July 2024, the Wilson Center, a Washington -based reflection group, based in DC, wrote that “Mexico is not up to some of its obligations under USMCA, including intellectual property rights”.

While the predecessor of Sheinbaum continued “important legislative reforms”, gaps – including the lack of implementation regulation – “create an uncertainty for the creative and innovative sectors that seek to protect and apply intellectual property in Mexico,” observed the Wilson Center.

When the USMCA entered into force on July 1, 2020, Mexico had to implement an effective patent application system to ensure that generic patent drugs were not favored by marketing authorizations before the expiration of patents.

Almost five years later, Mexico has not published implementation regulations or in accordance with its patent application commitments.

Mexico only this year has remained in accordance with USMCA obligations on the “Restoration of Patent Terms” (PTR) and “data regulatory protection” (RDP).

With reports from Reuters And Wilson Center