Database

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MEXICO

Since January 2020

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Guidelines regarding the Deployment, Access and Shared Used of Telecommunications and Broadcasting Infrastructure (Lineamientos para el Despliegue, Acceso y Uso Compartido de Infraestructura de Telecomunicaciones y Radiodifusión)
There is an obligation for passive infrastructure sharing in Mexico to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector. Art. 1 of the Guidelines regarding the Deployment, Access and Shared Used of Telecommunications and Broadcasting Infrastructure states that it is intended to establish conditions that allow the access of different concessionaires to the infrastructure elements of other concessionaires installed in buildings, shopping centers, subdivisions, hotels or any other real estate, in order to promote the efficient development of telecommunications and broadcasting and the provision of such services under conditions of competition and free competition.
Coverage Telecommunications sector

MEXICO

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Mexico has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

MEXICO

Since July 2020
Since February 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Mexican Federal Law for Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial)

Agreement by which the Plenary of the Federal Institute of Telecommunications issues the Conformity Assessment Procedure for Telecommunications and Broadcasting (Acuerdo mediante el cual el Pleno del Instituto Federal de Telecomunicaciones expide el Procedimiento de evaluación de la conformidad en materia de telecomunicaciones y radiodifusión)
The Mexican Federal Law for Protection of Industrial Property protects against the disclosure of trade secrets (Art. 169). Furthermore, the law lists different crimes regarding trade secrets (Art. 402). Art. 386 establishes administrative offenses to protect trade secrets. However, it is reported that conformity procedures of the Agreement by which the Plenary of the Federal Institute of Telecommunications issues the Conformity Assessment Procedure for Telecommunications and Broadcasting (DOF: 25/02/2020) contain worrying language requiring the sharing of test reports that may contain in-depth confidential information about ICT products.
Coverage ICT products

MEXICO

Reported in 2018, 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Mexico. It is reported that digital IP crimes and the availability of copies of new-release movies are considered a source of concern. Also, there are concerns about the criminal enforcement of IP rights and a lack of enough penalties to deter violations. In addition, it is reported that the rate of unlicensed software installation in the country was 49% in 2017 (below the 52% rate of the Latin American countries) for an estimated commercial value of USD 760 million.
Coverage Horizontal

MEXICO

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Mexico has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MEXICO

Since December 1996, last amended in July 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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

MEXICO

Reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of transparency in patent enforcement
There are reports of concerns about the length of administrative and judicial patent and trademark infringement proceedings and the persistence of continuing infringement while cases remain pending. Stakeholders have expressed concern that in administrative procedures on infringement, preliminary measures can be lifted if the alleged infringer posts a counter-bond.
Coverage Horizontal

MEXICO

Since January 1995

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Mexico is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

MEXICO

Since December 1993, last amended in June 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Foreign Investment Act (Ley de Inversión de Extranjera)
The Foreign Investment Act established a National Commission of Foreign Investment ("Comisión Nacional de Inversiones Extranjeras"). This Commission sets the conditions to take part in foreign investment in Mexico. The Commission evaluates whether foreign investment applications meet certain criteria (Art. 29):
- impact on employment and workers training;
- technological contribution;
- compliance with environmental laws;
- increase competitivity of the country.
In addition, the Commission can inhibit acquisitions by foreign investors for national security reasons (Art. 30).
Coverage Horizontal

MEXICO

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Mexico is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

MEXICO

Since January 2000, last amended in May 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público)
According to Art. 14 of the Public Procurement Act, in open international contracting procedures, agencies and entities must opt, under equal conditions, for the use of national human resources. In addition, for the acquisition and leasing of goods, the law gives a margin of preference of 15% to goods produced in the country containing at least 50% national content.
Coverage Horizontal

MEXICO

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in government procurement
In December 2018, Mexico announced plans to centralize almost all federal government procurement under the Secretariat of Finance, with the objective of curbing corruption, reducing bureaucratic inefficiencies, and achieving lower prices through consolidated purchasing. However, it is reported that the government is turning away from the use of open international tenders in favor of invitations to bid, which are then followed by direct awards.
Foreign companies have also expressed concerns that procurements did not have adequate preparation time and there were multiple uncoordinated tenders announced. Since October 2020, some companies have also expressed concerns that CFE Telecom and Internet Para Todos ("Comisión Federal de Electricidad Telecomunicaciones e Internet para Todos" - CFE TEIT), which is a subsidiary of CFE ("Comisión Federal de Electricidad"), is conducting a series of procurements in an unfair and non-transparent way to deliver Internet-related infrastructure across Mexico.
Coverage Horizontal

MEXICO

Since January 2000, last amended in May 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público)
Art. 28.1 of the Public Procurement Act establishes that only persons of Mexican nationality can take part in national bids. The goods to be acquired have to be made in the country, having at least 50% of national content, which is determined by taking into account the workforce, supplies of the assets, and other aspects determined by the Economy Department through general rules. National public tenders may be called upon when the amount to be awarded is less than the applicable threshold provided for in the free trade agreements to which Mexico is a party or when the specific product is subject to a reserve under the applicable treaties.
Coverage Horizontal

MEXICO

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Mexico is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

MEXICO

Since July 2012, extended in December 2014 and October 2018, until August 2022

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In July 2012, the Mexican authorities imposed a definitive anti-dumping duty on imports of coaxial cables (HS Codes: 8544.2001, 8544.2002 and 8544.2099) from China. This measure was reviewed and extended in December 2014 and, subsequently, in October 2018 for a period of five years beginning on August 2017. The amount of the duty was USD 4.32 per kilogram. In August 2022, the Mexican authorities terminated the antidumping duty.
Coverage Product: Radio Guide (RG)-type coaxial cable (HS Codes: 8544.2001, 8544.2002 and 8544.2099)

Country: China