Reform on intellectual property crimes in Mexico
The Senate approved a reform strengthening the criminal framework applicable to intellectual property offenses, which remains subject to review by the Chamber of Deputies.
On September 30, 2026, the Mexican Senate approved a reform to the Federal Criminal Code and the Federal Law for the Protection of Industrial Property aimed at strengthening the criminal framework applicable to intellectual property offenses. The bill was referred to the Chamber of Deputies for consideration and is therefore not yet in force.
Among the main changes are the replacement of the “profit-making purpose” or “commercial speculation” criteria with the concept of “commercial scale,” as well as the establishment of a minimum threshold of 170 UMAs to determine such scale. The reform also provides for increased prison sentences and fines for various offenses and introduces new offenses related to the unauthorized dissemination of works prior to their release and the improper use of elements purporting to originate from public institutions.
It also expands the cases that may be investigated ex officio, the rules governing compensation for damages, corporate criminal liability, and the application of sanctions to goods under customs control.
The reform must still be discussed and voted on by the Chamber of Deputies. If approved without amendments, it will be sent to the Federal Executive for publication in the Official Gazette of the Federation and will enter into force on the day following its publication.
