January 20, 2026
Many businesses compete not only with brands or patents, but with what they know: formulas, processes, customer lists, manufacturing methods, internal know-how, and commercial strategies. In Mexico, this can be protected as an industrial secret (trade secret) if it meets legal requirements. Mexico’s Federal Law for the Protection of Industrial Property regulates industrial secrets and defines when misappropriation occurs.
Mexican law defines an industrial secret as industrial or commercial information kept confidential that provides a competitive or economic advantage, and for which the holder adopted sufficient measures/systems to preserve confidentiality and restricted access.
The law also clarifies that trade secret information may exist in documents or electronic/magnetic media and other formats.
Information is not considered a trade secret if it is:
Providing information to an authority to obtain licenses/permits/authorizations/registrations does not automatically make it “public.”
Misappropriation is the acquisition, use, or disclosure of a trade secret against good practices in industry/commerce/services, involving unfair competition—also covering third parties who knew (or should have known) the secret was obtained improperly.
Mexican law lists common scenarios that are not misappropriation:
The person who legally controls the trade secret may transfer it or authorize its use, but the authorized user must not disclose it.
In technical know-how/assistance/engineering agreements, confidentiality clauses may be included and should specify what is treated as confidential.
Anyone who accesses the secret due to employment, position, profession, or business relationship—after being warned it is confidential—must not disclose it without consent.
Hiring an employee/consultant (current or former) specifically to obtain another party’s trade secrets can create liability; the same applies to obtaining trade secret information through illicit means.
In judicial or administrative proceedings involving trade secrets, authorities must adopt measures to prevent unauthorized disclosure and preserve confidentiality; participants must not disclose or use the secret.
To support “reasonable measures” and restricted access in practice, companies usually implement:
(These align with the law’s requirement for sufficient measures and restricted access).
If you suspect you have a trade secret—or believe someone is using or disclosing it without authorization—your next step should be strategic and evidence-based.
Merida IP can help you:
Contact us to request a consultation.
**This article is for informational purposes and not legal advice.**
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