MEXICO Law and Practice Contributed by: Luis Álvarez Cervantes, Adolfo Athié Cervantes, Alejandro Barrera, Jesús Colunga, Eduardo Kleinberg, Juan José López de Silanes, Carlos Martínez-Betanzos and Amílcar Peredo, Basham, Ringe y Correa S.C.
Proposed Law for the Promotion of Investment in Strategic Infrastructure for Development With Well-Being In April 2026, President Sheinbaum submitted to the Mexican Chamber of Deputies a bill to enact the Law for the Promotion of Investment in Strategic Infra - structure for Development with Well-Being and amend the Federal Budget and Fiscal Responsibility Law. The proposed law seeks to facilitate the planning, financing, construction, modernisation and operation of strategic infrastructure projects that contribute to national development, economic growth and social well-being. It is designed as a nationwide framework for co-ordinated participation by the public, private and social sectors. The bill promotes collaboration between government and private investors through (i) long-term contracts; (ii) joint investment schemes; (iii) risk-sharing mod - els; and (iv) flexible participation structures (majority, minority, or equal public/private stakes). Projects may be structured through special purpose vehicles, such as trusts, corporations, or other investment vehicles dedicated exclusively to financing strategic infrastruc - ture and may access capital markets.
• Stronger bad-faith controls – applicants filing or renewing trade marks must declare under oath that the filing is not deceptive and not made in bad faith. • Protection of indigenous and Afro-Mexican cul - tural heritage – marks connected to the cultural heritage, traditional knowledge or expressions of indigenous and Afro-Mexican communities may be refused unless proper authorisation exists. • New patent tools – the reform adds: (a) provisional patent applications, allowing an early filing date with minimal requirements; (b) restoration of priority rights in some missed- deadline cases; (c) reinstatement mechanisms when certain dead - lines are missed; and (d) supplementary protection certificates for phar - maceutical patents, compensating for unjusti - fied delays in COFEPRIS marketing authorisa - tions. • Ownership claims instead of nullity – a new admin - istrative procedure allows a rightful owner to claim ownership of a patent or registration granted to the wrong person, rather than only seeking invalida - tion. • Technology transfer focus – the law now expressly promotes technology transfer. • Artificial intelligence liability – industrial property infringements committed through AI tools remain sanctionable. • Ambush marketing becomes an infringement – cre - ating a false appearance of sponsorship or official association with major events is now expressly classified as an infringement. • Expanded digital enforcement – IMPI may process and resolve infringement proceedings electroni - cally, which should streamline enforcement actions.
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