The new Regime of Geographical Indications and Denominations of Origin in Mexico in the Industrial Property Law.
Denomination of origin is understood as the name of a geographical area or that contains said name, or another denomination known to refer to said area, which serves to designate a product as originating from it, when the quality or characteristics of the The product is exclusively or essentially due to the geographical environment, including natural and human factors, and which has given the product its reputation.
A geographical indication is understood to be the name of a geographical area or that contains such name, or another indication known to refer to that area, which identifies a product as originating from it, when a certain quality, reputation or other characteristic of the product is primarily attributable to its geographical origin.
A geographical area is understood to be one that consists of the entire territory or a region, locality or place in a country.
The protection that the LPI grants to the appellation of origin and geographical indication begins with the declaration issued by the IMPI to that effect.
The denomination of origin and geographical indication are assets of the public power of the Federation and can only be used with the authorization issued by the Institute.
The common or generic name of a product may be included as an element of the appellation of origin or geographical indication.
The declaration of protection of a designation of origin or geographical indication will be made ex officio or at the request of:
- The physical or moral persons who are directly dedicated to the extraction, production or elaboration of the product that is intended to protect;
- The chambers or associations of manufacturers or producers related to the product to be protected;
- Federal Government agencies or entities.
- The governments of the Entities of the Federation in whose territory or geographic area the product that is intended to protect is extracted, produced or elaborated.
A certification mark is understood as a sign that distinguishes products and services whose qualities or other characteristics have been certified by their owner, such as:
- The components of the products;
- The conditions under which the products have been manufactured or the services provided;
- The quality or other characteristics of the products or services.
- The geographical origin of the products.
The certification mark may be made up of the name of a geographical area or that contains said name, or another indication known to refer to that area, which identifies a product as originating from it, when a certain quality, reputation, or other Product characteristic is fundamentally attributable to its geographical origin.
Any legal person may request the registration of a certification mark, as long as they do not carry out a business activity that involves the supply of products or the provision of the service of the same nature or type that the company certifies. When the certification mark is constituted by a national geographical indication, the following may only request registration:
- Legal entities that are directly dedicated to the extraction, production or elaboration of the product that is intended to protect;
- The chambers or associations of manufacturers or producers related to the product that is intended to protect with the indication;
- Federal Government agencies or entities.
- The governments of the Entities of the Federation in whose territory or geographic area the product that is intended to protect is extracted, produced or elaborated.
- Exclusivity for use both in Mexico and in various jurisdictions
- Restriction to illegal users that dilute the term
- Standardization of inputs and processes (subject to NOM)
- Regulation through Regulatory Council
- Generation of union discipline and sense of belonging
- Formation of productive chains, tourist attraction and access to official funds