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Mexico’s 3 Geographical Indications

Mexico has registered three geographical indications (GI), all of them in the state of Oaxaca, in the south of the country, according to information from the Ministry of Economy.

As part of the work at the World Trade Organization (WTO), Mexico has sponsored the Joint Proposal for the Establishment of a Multilateral System of Notification and Registration of Geographical Indications for Wines and Spirits.

Geographical Indications

In 2018, the Industrial Property Law (LPI, enacted in 1991) was revised to, among other things, introduce the regime for the protection of geographical indications; reduce the term (from 6 to 2 months) to file an opposition to a patent application; extend the maximum term (from 15 to 25 years) for the protection of industrial designs; and allow the registration of non-traditional trademarks and certification marks.

The three geographical indications are: Wood Carvings: Tonas y Nahuales, Artesanías de los Valles Centrales de Oaxaca; Seda de Cajonos, and Tapetes de Teotitlán, Santa Ana y San Miguel del Valle.

International agreements

Intellectual property rights (IPR) in Mexico are regulated by the Federal Law for the Protection of Industrial Property (LFPPI), the Federal Copyright Law (LFDA) and the Federal Law on Plant Varieties (LFVV). The LFPPI is a new law of 2020, which repeals the LPI of 1991.

Mexico is party to 18 WIPO treaties. In 2020, the Hague Agreement (international registration of industrial designs) entered into force for Mexico.

Mexico is also a party to the 1978 Convention of the International Union for the Protection of New Varieties of Plants (UPOV).

The bodies responsible for IPRs continue to be the Mexican Institute of Industrial Property (IMPI), the National Copyright Institute (INDAUTOR) and the National Seed Inspection and Certification Service (SNICS) of the SADER.

Between 2017 and 2021, as during the previous examination period (2013-2017), almost all patents were filed by non-residents, while Mexicans opted to protect their inventions by registering utility models.

According to IMPI, the low number of patents applied for by Mexicans is due to several factors, mainly the lack of investment in R&D.

Between 2017 and 2021 the highest number of patents was granted for articles of use and consumption (42 percent), miscellaneous industrial techniques (22 percent) and chemistry and metallurgy (14 percent).

 

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