By Tatiana Clouthier, Secretary of Economy of Mexico
One year after its implementation, the United States–Mexico–Canada Agreement (USMCA) has proven to be a successful trade and cooperation mechanism, setting the groundwork for North America to cope with the economic impacts of the COVID-19 pandemic and quickly advance toward recovery.
USMCA brought certainty for trade and investment across the region by establishing a modern set of rules, as well as new disciplines that deepened North American integration and allows our countries to fully harness the opportunities of the digital economy. In this regard, ensuring its correct implementation—particularly in strategic areas such as intellectual property rights (IPR)—is key to maintain an open and dynamic business environment, ultimately leading to the creation of well-paying jobs and increasing our citizens’ quality of life.
Since NAFTA’s (North American Free Trade Agreement) entry into force 27 years ago, Mexico’s intellectual property system successfully evolved to meet the challenges of globalization and productive integration. Today, in a coordinated effort led by the Ministry of Economy, the government of Mexico is working towards a more robust and transparent intellectual property framework that complies with our commitments under USMCA.
The USMCA’s IPR Chapter seeks to promote innovation and its dissemination benefits both producers and users by striking a balance between rights and obligations. It goes beyond the provisions negotiated in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and those of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. The Chapter’s ambitious disciplines cover a broad range of IPR categories such as trademarks, industrial designs, industrial secrets, geographical indications, patents, copyrights and related rights, making it one of the most extensive and comprehensive chapters of the USMCA.
As a result of USMCA’s enactment, Mexico’s IPR regimen underwent important changes. They included reforms to the Federal Copyright Law aimed at ensuring effective protection of copyright and related rights in the digital environment through provisions on technological protection measures and rights management information, as well as strengthening the protection of encrypted program-carrying satellite and cable signals. The Federal Criminal Code was also reformed to provide stronger sanctions to dissuade IPR violations more effectively. In addition, new acts such as the unauthorized recording of protected cinematographic works were classified as crimes.
On the other hand, the Federal Law for the Protection of Industrial Property (WIPO) was issued, repealing the previous Industrial Property Law. The new law incorporates best international practices, such as provisions for an effective term of protection for trademarks, the possibility of compensation for unreasonable delays attributable to the authority when granting patents, enforcement practices, and sanctions for the misappropriation of industrial secrets, among others. Furthermore, competent authorities are working together to implement, in a timely manner, certain USMCA commitments that will require a transition period.
The USMCA began a new era of enforceable, high-standard protections for creators of industrial property and productive integration throughout North America by providing incentives for innovation and technological advancement. At the Ministry of Economy, we are committed to continue strengthening our intellectual property system to seize the benefits of the digital revolution.
One of the most relevant sectors to incorporate innovation is mining which utilizes the most advanced technology, generating opportunities for the development of diverse industries in our country. It has also contributed in a significant manner to the development of important projects.
It is fundamental that the government maintains a balance with the environment as well as a commitment with the community.
Innovation which is essential to strengthening policies is one of the three pillars of the Ministry of Economy, from the present to the future, considering environmental and social security aspects. New technologies are necessary to achieve strategic objectives sustainably.
Foreign investment, national investment and innovation are important elements of the development of projects and are also necessary to stimulate mining. The mining projects are long-term, therefore ensuring legal certainty is a key element required through national and international legislation, such as the USMCA.
Goal 9 of Agenda 2030 states: Build resilient infrastructure, promote sustainable industrialization and foster innovation. One of the objectives of this goal is to increase scientific research and improve the technological capacity of the industrial sectors of all countries, particularly developing countries, by fostering innovation and increasing research and development work, which will benefit society.
