The Chamber of Senators officially received two initiatives from President Claudia Sheinbaum Pardo for which he proposes to reform the Amparo Law, the Fiscal Code of the Federation and the Organic Law of the Federal Court of Administrative Justice, as well as the Federal Law for the Protection of Industrial Property in the field of technology transfer and to simplify the process of protection of patents and registers.
Regarding the first presidential initiative, the exhibition of reasons sets that the changes intend to expedite the amparo trial, reduce impunity and strengthen in general the judicial instances.
It raises the need to expressly establish that social interest is affected or public order provisions are contravene when the final suspension is granted in the trial, the continuation of acts, operations or services possibly related to money laundering or that hinder the functions of the Financial Intelligence Unit (FIU) is allowed; or when the aforementioned unit, dependence on the Ministry of Finance and Public Credit (SHCP), require, obtain or disseminate financial information for the prevention and detection of money laundering or related illicit behaviors.
The measure seeks to strengthen the ability of the Mexican State to investigate and contain the flow of resources of illicit origin and the negative economic effects for the public treasury.
“However, the modification respects the vital minimum of affected people, even with frozen accounts and guarantees access to resources to cover essential needs such as wages, pensions and housing, without putting the effectiveness of the measures at risk,” he says.
It suggests establishing that the precautionary measure of provisional suspension will never proceed in the cases described, while the final suspension may be granted to allow the use of the resources found in the immobilized accounts provided that its legality is accredited.
“In this way, a margin of judicial protection is allowed when money does not come from illicit activities,” he says.
The changes, extends, are intended to improve and improve the amparo trial to make it agile, simple and easy to process, more social and accessible to most Mexicans.
To support the need to strengthen the legal framework, the document refers that from December 1, 2018 to August 1, 2025, 3,659 amparos were promoted to claim the Inclusion in the list of blocked persons (LPB).
In general terms, he quotes the project, the amparo mechanism in its modality of provisional or definitive suspension – accounts with associated amounts that amount to 27,000 million pesos, representing 54.4% of the total locking amounts, have been unlocked.
“In the last two years (2023 and 2024) amounts have been unlocked by the amparo mechanism in its modality of provisional or definitive suspension, which amounts to 86.3% and 72.3% of the total amounts initially blocked.”
Artificial intelligence
The second presidential initiative proposes to reform 217 articles, add 23 and repeal 6 of the Federal Law on Industrial Property Protection, in a prominent way to regulate the use of artificial intelligence (AI).
“The absence of a specific regulation that foresees as an assumption of violation of industrial property rights, when artificial intelligence is generated deceptive content, is falsified or appropriate for some distinctive or patent sign, allows unfair practices to be generated to the detriment of the rights holders of rights and the national economy.
“Therefore, for the sake of both the Constitution (…) and in international treaties, in order to protect people from rights and consumers and to promote innovation and loyal compete To the detriment of the principle of legality and legal certainty, ”he cites the initiative.
It specifies that regulation does not imply raising the use of artificial intelligence, but to establish a parameter for responsible and fair use, respecting the principles of transparency, ethics and responsibility.
While the development of AI is aimed at the creation of improvements that facilitate the lives of its users, it refers, it is the task of the Mexican State as a guarantor of the rights to promote and regulate that its use according to principles and bases that eliminate risks that involve the violation of rights and, in case that a misuse of the tool is updated, there are provisions that allow the State, through their institutions, to restore the rights of those who have been affected.
The ability of artificial intelligence to generate content, design products, replicate brands and automate decision -making processes although it has brought significant benefits, has generated new challenges in industrial property, details the document.
