Geographical Indications Law in Mexico
Geographical Indications (GI) Law in Mexico
1. Legal Framework
Mexico has a well-established legal system for the protection of Geographical Indications, governed primarily by:
Industrial Property Law (Ley de la Propiedad Industrial) — latest reform in 2020
Implemented and overseen by the Mexican Institute of Industrial Property (IMPI - Instituto Mexicano de la Propiedad Industrial)
Mexico is also a member of international treaties that shape its GI framework.
2. Types of Protection
Mexican law provides protection for the following categories:
Denominations of Origin (Denominación de Origen - DO): Equivalent to the EU's PDO system; requires that the product’s quality or characteristics are essentially due to its geographical environment, including natural and human factors. The entire production process usually happens within the designated area.
Appellations of Origin: A term often used interchangeably with DO in Mexico, but generally focusing on strict geographical limits and traditional know-how.
Geographical Indications (Indicaciones Geográficas): Broader than DO, can protect products where at least one stage of production is linked to a geographical area.
3. Registration Process
Applications for GI registration are filed with IMPI.
The application must include:
Definition of the geographical area
Product specifications
Evidence of reputation and link to geographic origin
IMPI examines the application for compliance, including opposition from third parties.
Once registered, protection is granted exclusively for the use of the GI for that product.
4. Enforcement
IMPI monitors and enforces GI rights.
Unauthorized use of a GI can lead to administrative sanctions, fines, and civil actions.
Customs authorities help prevent import/export of counterfeit goods infringing GIs.
5. International Agreements
Mexico is a member of the WTO TRIPS Agreement ensuring minimum GI protection standards.
Mexico has bilateral agreements with countries like the EU, the US, and others, recognizing each other’s GIs.
Mexico is also a party to the Paris Convention for the Protection of Industrial Property.
6. Examples of Mexican GIs
Some famous Mexican GIs include:
Tequila (Denomination of Origin)
Mezcal (Denomination of Origin)
Café de Veracruz (Geographical Indication)
Vainilla de Papantla (Geographical Indication)
7. Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Law (Ley de la Propiedad Industrial) |
| Competent Authority | IMPI (Mexican Institute of Industrial Property) |
| Types of GI Protection | Denomination of Origin (DO), Geographical Indications |
| International Compliance | WTO TRIPS, Paris Convention, bilateral treaties |
| Enforcement | Administrative sanctions, civil actions, customs control |
| Notable GIs | Tequila, Mezcal, Café de Veracruz |
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