MEXICO
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Local agent requirement for patent applications
It is reported that, for patent applications in Mexico, applicants who are not resident in the country must act through a local agent.
Coverage Horizontal
MEXICO
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of transparency in patent enforcement
It is reported that concerns persist regarding the duration of administrative and judicial proceedings for patent and trademark infringement, and that infringement may continue while cases remain pending.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260302035256/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20230929024459/https://www.state.gov/reports/2023-investment-climate-statements/mexico/
- https://web.archive.org/web/20260218040801/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20Special%20301.pdf
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MEXICO
Since January 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mexico is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MEXICO
Since December 1996, last amended in June 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Federal Copyright Act (Ley Federal del Derecho de Autor)
Mexico has a copyright regime under the Federal Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 148 and the following list the exceptions, which include the reproduction of: parts of the work for scientific, literary or artistic criticism and research; of a single copy by an archive or library for security and preservation reasons, and which is out of print, out of print and in danger of disappearing; among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260225114333/https://www.diputados.gob.mx/LeyesBiblio/pdf/LFDA.pdf
- https://web.archive.org/web/20230930204922/https://www.lexology.com/library/detail.aspx?g=93d3e4f4-252a-417e-9a1b-a656a05cc39a
- https://web.archive.org/web/20231130144644/https://iclg.com/practice-areas/copyright-laws-and-regulations/mexico
- https://wipolex.wipo.int/en/treaties/ShowResults?search_what=A&act_id=26
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MEXICO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.77%
Coverage rate of zero-tariffs on ICT goods (%)
84.84%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
MAURITIUS
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mauritius has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MAURITIUS
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mauritius has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MAURITIUS
Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. Section 4.2.1 of the Guidelines states that companies or individuals importing certain ICT equipment for commercial purposes are required to ensure that they hold a valid Dealer’s license issued by the ICT Authority. ICT equipment belonging to "List B", "List C", and "List G" require a license. These include IoT network equipment, satellite equipment, mobile phones, wireless telecom equipment, PCs, tablets, and terminal equipment.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20230802074914/https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://web.archive.org/web/20211206014223/https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://web.archive.org/web/20230802084416/https://www.icta.mu/categories/
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MAURITIUS
Since December 2001, last amended in 2021
Since October 2021
Since October 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
The Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment are established pursuant to Section 17(3) of the Information and Communication Technologies Act 2001. These Guidelines establish a license requirement to import and sell refurbished ICT equipment. The scope of the Guidelines covers only consumer-grade ICT equipment, that is, ICT Equipment designed, manufactured, marketed and sold for consumers for their personal use.
Coverage Refurbished ICT equipment
MAURITIUS
Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Act 44/2001, Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. ICT equipment belonging to "List B" is subject to a type approval certificate. These include IoT network equipment, satellite equipment, and other telecom equipment.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20240714094302/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://web.archive.org/web/20211208093255/https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://web.archive.org/web/20211206014223/https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://web.archive.org/web/20231209093444/https://www.icta.mu/categories/
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MAURITIUS
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is MUR 1000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). However, this only applies to personal shipments.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
MAURITIUS
Since June 1991
Since December 2001, last amended in 2021
Since August 2001
Since December 2001, last amended in 2021
Since August 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act 1991
Act 44/2001, Information and Communication Technologies Act 2001
Act 23/2000, Electronic Transactions Act
Act 44/2001, Information and Communication Technologies Act 2001
Act 23/2000, Electronic Transactions Act
The Consumer Protection Act 1991 provides a comprehensive consumer protection framework that applies to online transactions. In addition, Section 18 of the Information and Communication Technologies Act provides that the Authority can entertain complaints from consumers in relation to any information and communication service in Mauritius and, where necessary, refer them to the appropriate authorities. Moreover, the Electronic Transactions Act includes a number of provisions aimed at protecting consumers who enter into electronic contracts (Part IV).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230928012512/https://www.wto.org/english/res_e/booksp_e/07_adtera_chapter_03_e.pdf
- https://web.archive.org/web/20220320200929/https://www.mcci.org/media/165410/the-consumer-protection-act-1991-updated.pdf
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20231201031615/https://www.icta.mu/documents/2021/08/eta.pdf
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MAURITIUS
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Mauritius has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MAURITIUS
Since August 2001
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Act 23/2000, Electronic Transactions Act
The Electronic Transactions Act 2000 establishes a safe harbour regime for intermediaries for copyright infringements. In accordance with Art. 9 of the Act, a network service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of an electronic record to which it merely provides access, where such liability is limited to the creation, publication, dissemination or distribution of such material or any statement made in such material; or the infringement of any rights subsisting in relation to such material. Under the Act, "providing access" in relation to third-party material means providing the necessary technical means by which the third-party material can be accessed.
Coverage Internet intermediaries
