MEXICO Trends and Developments Contributed by: Gilberto Sánchez Escárcega, Eduardo Vázquez Labra, Claudia Stephany González Trujano and Frida Sofía Cuevas Castillo, Specific IP
applied to specific categories, including publications, fictional or real characters, artistic groups, and adver- tising promotions. Unlike traditional copyright, which protects creative works, reservations do not protect the work itself but rather the exclusive exploitation of a distinctive ele- ment. Functionally, this brings them closer to trade mark protection. This overlap has created areas of intersection with trade mark law, particularly where the same element may be protected under both regimes. While this dual protection can be strategically advantageous, it also introduces legal uncertainty. Although the reform does not resolve this tension, it reflects a broader trend towards a more integrated intangible asset ecosystem, where the boundaries between copyright and industrial property become increasingly blurred. AI: A Strategic Incorporation Although the reform does not expressly regulate AI, it introduces elements that allow its legal implications to be addressed. It strengthens IMPI’s role in innovation, digitalisation and technology transfer, and introduces tools such as the quantification of damages in administrative pro- ceedings – particularly relevant in contexts where AI may amplify infringement at scale. Therefore, while AI is not directly regulated, the reform establishes an institutional framework capable of managing its impact. Mexico and AI in Copyright Mexico’s position on AI and copyright has been clearly addressed by the Supreme Court in Amparo Direc- to 6/2025 (the “Virtual Avatar” case).
In this case, the applicant sought to register a work generated by AI, even proposing that moral rights be attributed to the system. The application was denied, and the decision upheld. The Court established key principles: • copyright protects only works resulting from human creation; • AI systems cannot hold moral rights; • where content generation is primarily attributable to AI, protection does not arise; and • authorship is a human right linked to human dig- nity. This positions Mexico within a restrictive, human- centric approach, while leaving open a critical ques- tion: the degree of human intervention required for AI-assisted works to qualify for protection. Towards a New IP Configuration The 2026 reform forms part of a broader transforma- tion of Mexico’s IP system, characterised by: • the reconfiguration of technology transfer mecha- nisms; • the correction of procedural inefficiencies; • the harmonisation of industrial property and copy- right frameworks; and • the foundations of a digital and AI-oriented regula- tory environment. Mexico is thus pursuing a strategy of gradual mod- ernisation, avoiding premature regulation while rec- ognising the urgency of adapting to a rapidly evolving technological landscape.
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