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In this series of bite-sized videos, hear from Baker McKenzie’s global trade secrets team across disputes, intellectual property, data & technology and employment & compensation on best practices for a strategic, multidisciplinary approach to manage your trade secrets, disputes and risks.
In this episode, Marina Hurtado-Cruz (Partner, Mexico City) explores key changes to Mexico’s new trade secrets law under new legislation, including an expanded scope of protection for eligible subject matter and enhanced enforcement mechanisms.

On 20 April 2022, the Decree amending and adding several provisions of the Mining Law, presented by the President of the United Mexican States on 17 April 2022 before the Chamber of Deputies was published in the Federal Official Gazette. The main purpose of the Reform is to exclusively reserve to the Mexican State the exploration, exploitation, benefit and use of lithium located in Mexican territory.

On 13 April 2022, an agreement issued by Technical Council of the Mexican Social Security Institute was published in the Official Gazette of the Federation. Through the agreement, the Council approved the General Guidelines for compliance with the obligation established in the third paragraph of Article 15 A of the Social Security Law. The Guidelines regulate the presentation of information regarding providers of Specialized Services through the Information Platform for Specialized Services or Works Contracts.

On 7 April 2022, the Supreme Court of Justice of the Nation (SCJN) resolved the matter of unconstitutionality, filed by a parliamentary group of the Senate, against the modifications to the Electric Industry Law, published on 9 March 2021. The precedent created by the resolution of the unconstitutionality action by the SCJN, could be relied upon by the District Courts and the Collegiate Courts when ruling in amparo trials.

On 31 March 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of the initiation of an investigation, into the retail electronic commerce market in Mexico. The investigation is to identify, and where appropriate, determine the possible existence of barriers to free market access, barriers to the competition, and/or essential inputs, that could create anti-competitive effects in the Market Under Investigation.

On 23 March 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of the initiation of an investigation, for the alleged vertical restrictive practices in the market of production, distribution and commercialization of domestic insecticides in Mexico.

On 11 March 2022, the Ministry of Environment and Natural Resources published in the Official Federal Gazette Mexican Official Standard NOM-001-SEMARNAT-2021 (“NOM-001/21”) that establishes maximum allowable pollutant limits for wastewater discharges into national receptive bodies.
NOM-001/21 will become effective on 11 March 2023, even though certain parameters contained in the standard will become effective in April 2023 and at the fourth anniversary of its entry into force (such as true color and acute toxicity). Upon becoming effective, it will replace NOM-001-SEMARNAT-1996 (“NOM-001/96”).
NOM-001/21 will have to be complied with by whoever discharges wastewater into a national receptive body, but not in the case of discharges into municipal rainwater collection or sewage systems because these discharges will continue to be regulated by NOM-002-SEMARNAT-1996.

Effective 1 January 2022, pursuant to the recently amended Federal Tax Code, legal entities, trusts and any legal vehicle or figure incorporated under the laws of Mexico and registered before the Tax Administration Service (SAT) must maintain as part of their tax accounting registries information regarding their beneficial owners. This information must be shared with the SAT upon request jointly with the corresponding procedure implemented in the legal entity to make the corresponding updates. Failure to comply with this information may result in fines of up to two million pesos per beneficial owner.

The Civil Aviation Law Regulations were amended in response to Mexico’s downgrade to Category 2 by the United States Federal Aviation Agency. These reforms propose measures to improve the safety of Mexican aviation and seek to correct the lack of compliance determined by the Federal Civil Aviation Agency with the safety standards imposed by the Convention on International Civil Aviation of the International Civil Aviation Organization. In addition, the reform incorporated provisions related to the operation of Remotely Piloted Aircraft Systems, better known as drones.