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Designations of origin in Mexico

Mexico has 18 products registered as designations of origin (DO) and three as geographical indications (GI), according to the Ministry of Economy.

The products are: Tequila, Mezcal, Olinalá, Talavera, Bacanora, Chiapas Amber, Veracruz Coffee, Sotol, Chiapas Coffee, Charanda, Ataulfo Mango from Soconusco de Chiapas, Papantla Vanilla, Habanero Pepper from the Yucatán Peninsula, Rice from the State of Morelos, Grijalva Cocoa, Yahualica, Raicilla and Pluma.

The declaration of protection of a designations of origin or geographical indication is made ex officio or at the request of a party; since 2020 the deputies and senators of the Congress of the Union may request a declaration of protection.

To obtain such declaration, the Federal Law for the Protection of Industrial Property (LFPPI) clarifies the different characteristics and requirements that DOs and GIs must comply with (Article 274-275); previously the same requirements applied to both DOs and GIs.

The declaration of protection is valid as long as the initial conditions that motivated it exist.

The LFPPI has not changed the time limit (two months) for filing oppositions once the declaration of protection is published (article 282).

The State is the owner of the DO/IG; IMPI authorizes producers to use the DO/IG for a term of 10 years (extendable).

Designations of origin

Since 2020, DOs are specified in a NOM, so the use of a DO is subject to compliance with such NOM; authorities indicated that, through NOMs, they seek to strengthen protection and control the production of products with designation of origin.

According to the LFPPI, the extraction, production or elaboration, the container, packing or packaging, or the commercialization of a product protected by a DO/GI must be certified by an entity accredited by IMPI (Article 289).

Foreign DOs and GIs are protected in Mexico by registration with IMPI. After the interested party files the application, there is a two-month period (non-extendable) to raise objections, and a similar period for the holder to respond.

In 2019-2020, DO/IG products accounted for 0.5% of the value of Mexico’s non-oil exports.

According to IMPI, Mexico has not yet tapped the full potential of its DO/IGs.

All DO products are subject to customs duties, which range from 9% to 45%, except for Cacao Grijalva, which is exempt.

 

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