March 16, 2018
Re. Mexico – Appellations of Origin and Geographical Indications.
On March 13, 2018, it was published in the Mexican Official Diary a Presidential Decree whereby relevant amendments to the Mexican Industrial Property Law (IPL) were introduced. The amendments will be effective as from April 27, 2018.
Besides the amendments concerning patents, industrial designs and utility models of which we had informed through a separate Newsletter, the amendments include very important changes with respect to Appellations of Origin (AOs), and for the first time in Mexico specific protection forGeographical Indications (GIs) is included.
For many years, Mexico has granted protection to AOs as Mexico is a contracting party of the Lisbon Agreement since February 1964. Up to date Mexico has sixteen Appellations of Origin, being the most relevant “TEQUILA” and MEZCAL”.
In turn, GIs were not recognized as such by any Mexican legal body. Mexico is rich in designations which protection was not provided by the AOs framework and thus legal protection for GIs was a long time demand in Mexico.
Essentially the AOs and GIs are defined in the IPL following the WIPO’s Lisbon Agreement definitions as in both cases the rationale is to protect signs identifying the geographical origin of goods whose characteristic and/or reputation are essentially attributable to such origin. The relevant difference between GIs and AOs being that for the latter the quality and reputation factors must be due exclusively or essentially to the geographical environment including natural and human factors.
The highlights are the following:
We will be pleased to advise you further with respect to these important amendments.
This newsletter is intended only as a general discussion of the addressed issues, and should not be regarded as legal advice.