How to protect denominations of origin?

Mexico is recognized worldwide for its food, culture, products and natural wealthness and has one of the most diverse territories in the world.

However, as of today, Mexico has only 18 denominations of origin:

1. 1. Tequila
   2. Mezcal
   3. Olinalá
   4. Raicilla
   5. Charanda
   6. Yahualica
   7. Bacanora
   8. Talavera
   9. Sotol
   10. Pluma
   11. Grijalva Cacao
   12. Chiapas Coffee
   13. Ámbar of Chiapas
   14. Ataulfo Mango from Soconusco de Chiapas
   15. Habanero Chile from the Yucatan Península.
   16. Veracruz Coffee
   17. Rice from the State of Morelos
   18. Vanilla from Papantla

All of the above, are 100% Mexican products that promote local development, generate sources of employment, help communities and can compete internationally.

The figure of the denominations of origin is regulated both in our national legislation, through the Federal Law for the Protection of Industrial Property, and in various international treaties to which Mexico is a party, among which the Lisbon Agreement for the Protection of denominations of origin and their International Registration and the Agreement on Trade-Related Intellectual Property Rights, among others.
A denomination of origin is understood as a product linked to a geographical area where it originates, provided that its quality, characteristics, or reputation are exclusively or essentially due to the geographical origin of the raw materials, the production processes, as well as the natural and cultural factors that affect it. Once the declaration of protection of a denomination of origin has been granted, it must have a specific Official Mexican Standard.

The way to obtain protection is through an administrative procedure before the Mexican Institute of Industrial Property (MIIP), which is the authority in Mexico in matters of industrial property, and which has, among other functions, to analyze the application for protection of a denomination of origin and, if applicable, to grant or deny it.

The procedure to declare the protection of a Denomination of origin may be initiated ex officio by the MIIP or at the request of whoever demonstrates a legal interest in doing so. Therefore, Mexican legislators established in the Industrial Property Law that they would have a legal interest in requesting that the protection of a denomination of origin be declared:

1. natural or legal persons directly engaged in the extraction, production or processing of the product or products intended to be protected by denomination of origin.
2. chambers or associations of manufacturers or producers, and
3. agencies or entities of the federal government and of the governments of the entities of the Federation.
4. The governments of the Entities of the Federation in whose territory or geographic zone the product to be protected is extracted, produced, or elaborated; or
5. The Chambers of the Congress of the Union, as long as the proposal has been
   approved by two thirds of the members present.

The term of protection of a denomination of origin is determined by the conditions and requirements that gave rise to it, i.e., as long as there is no modification of those conditions, the term of protection will continue indefinitely.

Likewise, since the Mexican State is the owner of the denomination of origin, they may only be used with the authorization issued by the MIIP.

The term of the authorization of use is ten years from the date of filing of the application, renewable for equal periods.

The owner of a denomination of origin is obliged to use it as it appears protected in the declaration, since failure to use it in the established manner will result in the cancellation of the authorization.

lt is also important to mention that the validity of the declaration of protection of a denomination of origin will be determined by the subsistence of the conditions that motivated it, and will only cease to have effect by another declaration of the MIIP.

In Mexico, although there are currently 18 recognized and protected denomitations of origin compared to other countries, our country has very few despite its richness.

Therefore, we must not lose of sight the fact that obtaining the protection of a denomination of origin always represents a benefit for the individuals or companies of the geographical region that are engaged in the extraction, production or processing of the product covered by it, since the products that are distinguished under a denomination of origin stimulate the identity of the product with that of its region, creating a cultural impact that enriches the perception of the product before the consumer public, since the consumer will necessarily link the product with a region of our country, with the cultural identity of that place, its traditions, uses and/or customs.

*Victor M. Adames is a partner of BC&B, with more than 17 years of experience in the practice of InteIIectuaI Property in the areas of distinctive signs, copyrights and domain names.