New tools to fight counterfeiting
In July 2014, the Mexican IRS (SECRETARIA DE HACIENDA Y CREDITO PÚBLICO – SHCP) published the 12th Resolution with modification to the grand rules regarding foreign trade (“DÉCIMA Segunda Resolución de modificaciones a las Reglas de Carácter General en Materia de Comercio Exterior para 2013”).
In consequence, from July 25, 2014 every importer that wants to enter goods in Mexico should specify if the products have a registered trademark related to them and if they have the corresponding rights or if they are authorized to use them.
According to experts, this regulation will help the custom authority to identify how the goods are being handled. Furthermore, it could be understood as a barrier for counterfeiting.
However, it is important to highlight that it is necessary to still have a complaint or a request of the owner of the registered trademark in question in order for the authorities to take formal action. Therefore, they cannot act on their own motion.