The Office of the United States Trade Representative (USTR) released the Special 301 Report 2025 recently, which assesses the protection and enforcement of Intellectual Property (IP) rights in the United States' major trading partners.
Effective IP protection is not an option; it is a strategic imperative.
Guatemala remains on the watch list
In 2025, Guatemala remains on the watch list. The main challenges identified by the report include:
- Copyright piracy and open sale of counterfeit products (clothing, footwear, pharmaceuticals).
- Growing digital piracy via IPTV.
- Border smuggling and persistent use of unlicensed software in government agencies.
- Structural delays in patent registration and lack of judicial specialization.
- Chronic deficiency in inter-institutional coordination.
The USTR urges Guatemala to adopt strong measures during 2025 to improve the protection and enforcement of IP rights.
A strategic challenge in a key territory
Guatemala’s strategic location (access to two oceans and proximity to Mexico and the U.S.), has enormous potential as a center of innovation and formal trade.
However, this advantage has been offset by the expansion of smuggling, counterfeiting and piracy, seriously affecting formal competition, foreign investment and tax collection.
Recent trends in Guatemala (2024-2025)
Institutional advances:
- International strategy meeting: In October 2024, the Minister of Economy of Guatemala held a bilateral meeting with the Director of the World Intellectual Property Organization (WIPO), where joint actions were discussed to strengthen the intellectual property ecosystem in the country, promoting reforms and technical cooperation.
Actions in compliance:
- Increase in seizures: Resolution reported a 15% increase in seizures of counterfeit products in the first quarter of 2025.
The protection of tangible and intangible assets is essential for business competitiveness.
In our experience, to address the risks posed by USTR to Guatemala, we must consider a comprehensive approach:
- Proactive: Registration, defense and constant strengthening of intangible assets.
- Reactive: Investigation, litigation and intelligent strategies to protect and restore violated rights.
Intellectual property, more than a right, is a key to growth and international projection.
If you would like to learn more about how to protect yourself from smuggling and counterfeiting in Guatemala, we invite you to read this publication.
