The Dangers of the TPP to Mexican Legislation Regarding Intellectual Property

 Posted by on December 20, 2015  Comments Off on The Dangers of the TPP to Mexican Legislation Regarding Intellectual Property
Dec 202015
Photo by Caelie Frampton (CC-BY-SA-NC)

Photo by Caelie Frampton (CC-BY-SA-NC)

[Gisela Pérez de Acha and Pepe Flores, Digital Rights LAC, Link (CC-BY)] On November 6 2015, the Mexican Ministry of Economy made public the Spanish version of the Trans Pacific Partnership (TPP), allowing a wider view about the effects that the chapter regarding intellectual property will have on Mexican legislation and how human rights on the digital environment will be affected. One thing is sure: Mexico has a lot more to lose that it has to win with the made agreements.

TPP’s final draft has confirmed what was previewed on the leaks made by WikiLeaks: the agreement will promote negative changes on copyrights, access to culture or intermediary liability. This implies that local legislation must align to TPP’s dispositions, which in turn will bring significant impact on rights. In Mexico’s case, the consequences  on the matter of intellectual property will be devastating, promoting a scheme based on restrictions and sanctions out of proportion. Continue reading »

Dec 022013

Sen. Iris Vianey Mendoza

Click here for the original statement in Spanish.

An English translation follows:

The government of Mexico has engaged in secret negotiations, behind the backs of the public and elected legislators, but open to an army of transnational companies, on the latest neoliberal project led by the U.S. government, a super free trade agreement in the Pacific area. With totally undemocratic methods and secret contents – though some have been leaked – the TPP is being negotiated with the aim of securing more power and binding rights for transnational corporations, from those already contained in the WTO or other FTAs with full neoliberal agendas, and to reduce the political space for public action to the state and society. Through the TPP, transnational capital tries to impose the rules that govern a new international neoliberal order. Continue reading »


USTR Briefing on TPP: Canada and Mexico Formally Join Negotiations Next Week; IPR Progress Slow in Leesburg

 Posted by on October 5, 2012  Comments Off on USTR Briefing on TPP: Canada and Mexico Formally Join Negotiations Next Week; IPR Progress Slow in Leesburg
Oct 052012

UPDATE:  On Monday, Oct 8, Mexico announced that it had formally joined the TPP negotiatios, and that it will host an intersessional meeting in November.  [Press Release]

Today Barbara Weisel, head of the Trans Pacific Partnership negotiations for USTR, held a civil society briefing on the state of the negotiations.

She announced that Canada and Mexico will officially join the TPP negotiations next week.  They will have access to the texts and will participate in all TPP activities between now and the next round in December. Canada and Mexico will likely have bilateral meetings with the U.S. and others to “get up to speed” on specific issues.  USTR received numerous comments in response to its Federal Register notice requesting comments on the countries’ entrance into the negotiations. Continue reading »

Aug 152012

As Canada and Mexico prepare to enter the Trans Pacific Partnership negotiations, there is interest in how their intellectual property laws would need to change to adhere to the requirements found in leaked text.  The following is a brief comparison of 1) their patent and data protection laws to the leaked texts, and 2) a comparison of the TPP leaked text with NAFTA requirements.  It shows that the TPP would require Canada and Mexico to alter their domestic laws to allow patents on more types of subject matter (ie – new uses in Mexico and method patents in Canada), and would require patent extensions beyond the 20 year limit in Canadian and Mexican law.

This is a working draft.  Please send comments or feedback to  [ed.] Continue reading »

Jul 232012

The U.S. Trade Representative has announced that it is seeking public comments in written form “on all elements related to Canada’s [and Mexcio’s] participation in the TPP negotiations in order to develop U.S. negotiating positions.”  It will also hold public hearings on the entry of these countries into the negotiations.

The deadline for written comments and requests to testify at the hearings is September 4.  The hearing regarding Mexico’s entry into the TPP will be September 21.  The hearing regarding Canada’s entry into the TPP will by September 24.

The original request for comments and notice of public hearings are here:

Jul 192012

The Mexican Senate and House of Representatives have passed resolutions calling for the President to reverse the signing of ACTA.

The Senate resolution, sponsored by Sens. Francisco Javier Castellón Fonseca, Carlos Sotelo García, María Beatriz Zavala Peniche, and Dip. Rodrigo Pérez-Alonso Gonzále  rejects the signing because it didn’t respect Mexican law on the approval of international economic treaties; it ignored the official Senate recommendation of September 6, 2011; and it violated domestic law and human rights.  Continue reading »


Mexico Signs ACTA, But Legislature Still Opposed

 Posted by on July 12, 2012  Comments Off on Mexico Signs ACTA, But Legislature Still Opposed
Jul 122012

Mexico’s Ambassador to Japan, Claude Heller, signed ACTA on July 12, 2012. A press release by the Instituto Mexicano de la Propiedad Industrial (IMPI),  said that the agreement aims to “provide Mexican people with a sound international protection of their intellectual property rights, to attract new investments, to ensure the existing work flows, to increase the creation of formal jobs and to foster the creativity, innovation and competitiveness of our enterprises.”  It further asserts that ACTA “does not contravene the Human Rights acknowledged in our Constitution and in International Treaties to which Mexico is a party.” Continue reading »


UPDATE: Mexico and Canada Invited to Join TPP Negotiations

 Posted by on June 19, 2012  Comments Off on UPDATE: Mexico and Canada Invited to Join TPP Negotiations
Jun 192012

Yesterday, Mexico was invited to enter the TPP negotiations. According to the USTR press release: “The Administration will shortly notify Congress of its intent to include Mexico in the TPP negotiations. The notification will trigger a 90-day consultation period with Congress on U.S. negotiating objectives with respect to Mexico. USTR also will publish a notice in the Federal Register seeking public comments.”

Today, Canadian Prime Minister Harper announced that Canada will join the TPP negotiations as well, (see Reuters story).  Harper said that “Opening new markets and creating new business opportunities leads to jobs, growth and long-term prosperity for all Canadians.”  Continue reading »

Apr 112012

Another round of TPP negotiations on intellectual property is underway this week in Chile, and two additional countries are looking to get in on the action: Mexico and Canada. However, both countries may have trouble getting their citizenry to agree to the IP provisions if they remain in their current form. To determine how much each country would have to change its laws to comply with TPP requirements, PIJIP asked me to compare the TPP’s leaked IP chapter with the existing law in each country, as well as the countries’ obligations under NAFTA.

Unsurprisingly, the TPP provides far more stringent limitations than NAFTA, and would require major legal changes by both countries. Continue reading »


NAFTA statement on ACTA and TPP

 Posted by on April 3, 2012  Comments Off on NAFTA statement on ACTA and TPP
Apr 032012

by Geraldine Jaurez

Yesterday there was a meeting of the NAFTA group, which put out this joint statement.

Excerpt on ACTA:

As leading sources of innovation and creativity, our three countries are committed to the protection and enforcement of intellectual property rights (IPR).  We commit to promote sound enforcement practices and an effective legal framework for IPR enforcement in the areas of criminal enforcement, enforcement at the border, civil and administrative actions, and distribution of IPR infringing material on the Internet consistent with the Anti-Counterfeiting Trade Agreement (ACTA), which the United States and Canada have recently signed.  Mexico will continue to work on a comprehensive reform to its legal system to achieve the high standards pursued under ACTA.

Continue reading »


Mexican IP Enforcment Legislation Includes New Fines and Warrentless Searches

 Posted by on December 19, 2011  Comments Off on Mexican IP Enforcment Legislation Includes New Fines and Warrentless Searches
Dec 192011

Repost of an IP-Enforcement Message from Geraldine Juarez:  Senador Federico Doring has introduced a bill that empowers Instituto Mexicano de la Propiedad Industrial  (IMPI) to send notifications to users based on allegations of infringement from rights holders. Unlike HADOPI, there is no third notice or similar process after receiving a complaint.  They can pursue any allegation and can ask internet service providers for private identifying data of alleged users related to an IP address.

The bill allows for fines that start at the equivalent of 30 days’ minimum wage, and it includes penalties for “making available protected works.” Continue reading »