The decree reforming, adding to, and repealing various provisions of the Federal Penal Code and the Federal Law for the Protection of Industrial Property, known as the "Anti-Meme Law," has entered into force. The reform, published in the Official Gazette of the Federation (DOF) in its evening edition yesterday, punishes with 1 to 5 years in prison and fines of up to 1.17 million pesos anyone who uses official documents or logos for commercial purposes with the intent to deceive about their institutional origin. Authorities clarified that criticism, political satire, and memes are excluded from this classification.
On October 21, the full Chamber of Deputies approved the opinion with 312 votes in favor, 119 against, and zero abstentions. The opinion strengthens the legal framework for criminal protection of intellectual property rights through the updating of provisions applicable to conduct related to trademark counterfeiting and piracy of works protected by copyright and related rights.
The opinion on the bill stems from an initiative presented by the President of Mexico, Claudia Sheinbaum Pardo, and reforms, adds to, and repeals various provisions of the Federal Penal Code and the Federal Law for the Protection of Industrial Property. It updates the rules for determining the "commercial scale" of conduct, strengthens damage reparation mechanisms, adapts national provisions to the international commitments undertaken by the Mexican State, and toughens the legal mechanisms for the prevention, investigation, and punishment of conduct related to trademark counterfeiting and piracy of protected works.
Criminal protection of intellectual property rights is strengthened, piracy and counterfeiting are combated, damage reparation mechanisms are updated, and Mexican legislation is harmonized with the international commitments undertaken by the country.
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