By Marco A. Tena López
On September 30, 2026, the Senate approved the amendment to the Federal Criminal Code (“CPF”) and the Federal Law on the Protection of Industrial Property (“LFPPI”), based on a bill proposed by President Claudia Sheinbaum Pardo, to strengthen criminal protections against piracy, counterfeiting, and the unlawful exploitation of content, including in digital environments.
The bill was sent to the Chamber of Deputies, which received it on October 6; the amendment has not yet taken effect, as the legislative process has yet to be completed and it has yet to be published in the Official Gazette of the Federation (“DOF”).
Among the key changes: the criterion of “commercial scale”—with a threshold of 170 UMA and the accumulation of low-value shipments for up to 90 days—is introduced to replace the requirement of profit or commercial speculation in various crimes;
This amendment has a significant practical impact, since by replacing the “for-profit” requirement with an objective criterion, the Public Prosecutor’s Office will no longer have to prove the intent to obtain a financial gain, but only that the conduct reached the threshold of 170 UMA or generated a competitive advantage or a significant impact on the market position of the holder.
Article 424-Quater of the CPF is also created, which imposes a penalty of 4 to 10 years in prison for the unauthorized distribution of works prior to their official release; and trademark offenses are expanded to expressly include the export of counterfeit goods.
This broadens the range of conduct that could constitute a crime and increases the criminal liability of companies involved in distribution, logistics, or e-commerce, even in the absence of a direct or immediate financial benefit.
Article 403 Bis of the LFPPI is also created, which penalizes the commercial use of the institutional graphic identity, domain names, or official documents of public institutions to mislead or deceive. Trademark counterfeiting will be prosecuted ex officio, without requiring a prior technical opinion from the IMPI to initiate criminal proceedings, although the IMPI will retain its authority to provide technical support.
For offenses covered by both the CPF and the LFPPI, compensation for damages may not be less than 40 percent of the retail price of the legitimate product or service, and the victim may alternatively opt for compensation ranging from 340 to 50,000 UMA.
If approved, the decree would take effect the day after its publication in the DOF.
We recommend that our clients review licenses, pre-launch checks, suppliers, distributors, and shipment traceability.
At Vega, Guerrero & Asociados, we will monitor the legislative process to advise you on its implications. For more information, please feel free to contact us.
