IP/C/W/117/Add.14/Rev.1  
1 June  2018 
(18-3288) Page: 1/18 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original:  Spanish  
 
  
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE  PROVISIONS OF THE 
SECTION OF THE TRIPS AGREEMENT  ON GEOGRAPHICAL INDICATIONS  
RESPONSES TO THE CHECKLIST OF QUESTIONS1 
Revision  
MEXICO 
This document contains updated response s to the Checklist of Questions , which the Secretariat 
received from the delegation of Mexico by means of a communication dated 2 4 May 2018. 
 
_______________  
 
 
Introduc tion 
A. General  
1. Is protection for geographical indications provided through unfair competition law, 
e.g. passing off, false designation of origin ; through a formal procedure for 
notification/registration before protection is available ; or through both ? Does the 
recognition of a geographica l indication require registration?  
 
The Industrial Property Act (LPI) is the legal enactment which sets penalties for acts of unfair 
competition in respect of geogra phical indications (Article 213 .IX.d). No registration of a 
geographical indication is requ ired in order for the provisions on unfair competition contained in 
the Act to apply . Protection is also provided by reference to the geographical indication or 
appellation of origin (Articles 156  to 168), in which case a declaration of protection is issued by the 
Mexican Industrial Property Institute (IMPI).  
 
2. Is there one single regime of protection of geographical indications for all 
products ? If not, identify the different regimes.  
 
Yes, there is a single regime of protection for geographical indications.  
 
Under the Industrial Property Act, geographical indications may be protected in three different 
ways:  
 
(a) by means of the legal formulas "geographical indication" and "appellation of origin" 
(Articles  156 to 178);  
 
 (b) against acts of unfai r competition (Article 213 .IX.d); 
 
                                                
1 Documents IP/C/13 and IP/C/13/Add.1. The four questions circulated via document IP/C/13/Add.1 
have been added to sections A, B and F of the Checklist, where they appear as questions 7(a), 16(a), 16(b) 
and 46(a).  IP/C/W/117/Add.14/Rev.1  
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  (c) by preventing the registration of marks which mislead the public as to the origin or 
source of the product or service and of marks purporting to register names of peoples 
or places characterized by the manufacture of certain products (Article 90 .X and XI).  
 
3. Do(es) the regime(s) of protection of geographical indications also extend to 
services?  
 
No. 
 
4. What provisions of law or regulations are directed to the recognition of 
geographical indications required by Artic les 22.2 and 23.1 of the TRIPS Agreement ? 
Citations to laws should be provided and, if the texts of the laws have not been notified 
to the WTO, copies should be provided pursuant to Article 63.2.  
 
The Industrial Property Act, most recently amended in 2018,  is the relevant  legislation for the 
protection of geographical indications.  
 
In accordance with Article 22.2 of the TRIPS Agreement, Article 213 of the Industrial  Property Act 
sets sanctions for acts of unfair competition . The provision in question defines the following, 
inter alia, as administrative offences : 
 
"IX. In the exercise of industrial or commercial activities, to carry out acts which confuse or 
mislead the public by creating the unfounded belief or assumption : …" 
 
(d) That the product in question originates in a territory, region or locality other than the true 
place of origin, so that the public is misled as to the geographical origin of the product ; 
 
XXII. To use a protected appellation of origin  or ge ographical indication without the necessary 
authorizatio n; 
 
…" 
 
Similarly, Article  165 bis 20 of the Act provides that the illegal use of a protected appellation of 
origin or geographical indication will be penalized, even where it is accompanied by terms such as 
"kind", "type", "manner", "imitation" or the like, which mislead the consumer or involve unfair 
competition.  
 
5. If the required recognition of geographical indications is not provided through 
statutes or regulations, please explain, in detail, the mechani sm or mechanisms through 
which the protection required is provided . 
 
Not applicable . Protection of geographical indications is provided for in the Industrial Property Act . 
 
6.  Please provide a few examples of domestic geographical indications protected in  
accordance with the means discussed above and indicate the means by which such 
protection is provided . 
 
Mexico has extended protection to the following domestic  geographical indications through 
reference to the appellation of origi n: 
 
Appellation of origin  Product  National protection by declaration  of protection  
Ámbar de Chiapas  Crafts/ 
Resin  Publication in the Official Journal ( Diario Oficial de la 
Federación ) of 3 1 December  1969 
Arroz del Estado de Morelos  Rice Publication in the Official Journal  of 16 February  2012 
Bacanora  Spirits  Publication in the Official Journal of  6 November  2000 
Cacao Grijalva  Cocoa Publication in the Official Journal  of 29 August  2016 
Café Chiapas  Coffee  Publication in the Official Journal  of 27 August  2003 
Café Veracruz  Coffee  Publication in the Official Journal  of 31 December  1969 
Charanda  Spirits Publication in the Official Journal  of 27 August  2003 
Chile Habanero de la Península 
de Yucatán  Chilli Publication in the Official Journal  of 4 June 2010 
Mango Ataulfo del Soconusco de 
Chiapas  Mango  Publication in the Official Journal  of 27 August  2003 
Mezcal  Spirits  Publication in the Official Journal  of 28 November  1994 IP/C/W/117/Add.14/Rev.1  
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  Appellation of origin  Product  National protection by declaration  of protection  
Olinalá  Crafts Publication in the Official Journal  of 28 November  1994 
Sotol Spirits  Publication in the Official Journal  of 8 August  2002 
Talavera  Crafts Publication in the Official Journal  of 11 September  1997 
Tequila  Spirits  Publication in the Official Journal  of 9 December  1974 
Vainilla de Papantla  Vanilla Publication in the Official  Journal  of 5 March  2009 
Yahualica  Chilli Publication in the Official Journal  of 16 March  2018 
 
The mechanism by which such protection is provided is a declaration of protection  of an 
appellation of origin  issued by IMPI  in accordance with Article 164 of the Industrial Property Act.  
 
7. Is the higher level of protection required for wines and spirits under Article 23.2 of 
the TRIPS Agreement provided for any other product ? If so, please specify such 
products and the law u nder which they are protected . 
 
Mexico does not make  a distinction among different types of products with respect to the level of 
protection . 
 
The Industrial Property Act protects any product against registration of a trademark referring to a 
geographical indication . Under Article 90, the following may not be registered as marks : 
 
"X. Geographical, proper or common names, maps, and names and adjectives of origin, when they 
indicate the source of the products or services and may be confusing or misleading wi th regard to 
that source ; 
 
XI. Names of peoples or places characterized by the making of certain products, when used to 
cover such products, except for the names of places under private ownership, when they are 
specific and unmistakable and the owner's con sent has been given ." 
 
However, the Industrial Property Act acknowledges that the Government of Mexico may recognize 
geographical indications pursuant to international treaties (Article 166) . The level of protection will 
be that indicated in the relevant t reaty. 
 
7(a). Does your economy's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or spirits against products not originating in 
the place indicated by the geographical indication, even where the true origin of the 
goods is indicated or the geographical indication is used in translation or accompanied 
by expressions such  as "kind", "type", "style", "imitation" or the like ? 
 
No (see reply  4). 
 
[Reply  4: 
The Industrial Property Act, most recently ame nded in 2018, is the relevant legislation for the 
protection of geographical indications.  
 
In accordance with Article 22.2 of the TRIPS Agreement, Article 213 of the Industrial Property Act 
sets sanctions for acts of unfair competition . The provision in qu estion defines the following, 
inter alia, as administrative offences:  
 
"IX. In the exercise of industrial or commercial activities, to carry out acts which confuse or 
mislead the public by creating the unfounded belief or assumption:…"  
 
(d) That the product in question originates in a territory, region or locality other than the true 
place of origin, so that the public is misled as to the geographical origin of the product;  
 
XXII. To use a protected appellation of origin or geographical indication wit hout the necessary 
authorization;  
 
…" 
 IP/C/W/117/Add.14/Rev.1  
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  Similarly, Article 165 bis 20 of the Act provides that the illegal use of a protected appellation of 
origin or geographical indication will be penalized, even where it is accompanied by terms such as 
"kind", "type", "manner", "imitation" or the like, which mislead the consumer or i nvolve unfair 
competition. ] 
 
B. Definition and criteria for recognition  
8. How are geographical indications defined ? 
 
Article  157 of the Industrial Property Act  defines  a geographical indication as "… the name of a 
geographical area or containing said name, or another well -known indication  referring to s aid area, 
that identifies a product as originating in that area , where a given quality, reputation or other 
characteristic of the good is fundamentally  attributable to its geographical origin ". 
 
9. Would  such a definition comprise geographical indications identifying products of a 
certain quality or reputation, which are indirectly linked to a specific region ? 
 
No. 
 
10. In determining whether recognition should be given a geographical indication, 
what cri teria are considered ? 
 
The criteria to be considered for purposes of an application for protection of an appellation of origin 
or geographical indication are listed in Article  165 bis of the Industrial Property Act. They include 
the following in particular : 
 
"III.- An indication of the appellation of origin or geographical indication ; 
IV. A detailed description of the finished product or products, including their characteristics, 
components, mode of extraction, production or preparation processes and use  in trade ; 
 
V. The Mexican Official Standards to which the product, its mode of extraction, its preparation or 
product ion processes and its packaging , as applicable , will be subject ; 
 
VI. The criteria setting out  the characteristics and specifications that  the product must meet in its 
production, packaging and marketing, in the case of a geographical indication ; 
 
VII. The place or places of extraction, production or preparation of the product to be protected and 
the delimitation of the territory or geograph ical area, with reference to the geograph y and political 
boundaries ; 
 
VIII. A detailed description of the relationship between the appellation, the product , the territory 
or geographical area and the natural or human factors, when the application relates to an 
appellation of origin ; 
 
IX. A technical study issued by a public or private authority or institution that supports the 
information referred to in points IV, VII and VIII of this Article ; …" 
 
In the case of recognition of a geographical indication protected abroad, the applicant must at 
least submit the document pursuant to which protection  was extended  to the appellation of origin 
or geographical indicat ion in the country of origin, indicate the product or products protected and 
note (if applicable) its Spanish translation or transliteration (Article  167 of the Act ). 
 
11. Is there any human creativity involved in the making of specific products under 
protection by the system of geographical indications ? If so, how much ? And do these 
products involve any human factors ? 
 
Human factors are considered in the definition of the appellation of origin but not in that of the 
geographical indication . With respec t to appellations of origin, the techniques and methods used 
by the inhabitants of the region in order to make a specific product give that product a high degree 
of distinctiveness  (see definition under reply  16(a)).  
 IP/C/W/117/Add.14/Rev.1  
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  [Reply  16(a):  
Article 156 of the Indus trial Property Act defines an appellation of origin as  "… a geographical area 
or containing said name, or another well -known appellation  referring to said area, that serves to 
designate a product as originating in that area , where the quality or characteristics of the product 
are due exclusively or essentially to the geographical environment, including natural and human 
factors ". 
 
Article 157 of the Industrial Property Act defines a geographical indication as "… the name of a 
geographical area or containing said name, or another well -known indication  referring to said area, 
that identifies a product as originating in that area, where a given quality, reputation or other 
characteristic of the good is fundament ally attributable to its geographical or igin". 
 
An indication of source is defined in accordance with the Paris Convention for the Protection of 
Industrial Property .] 
 
12. Are there any other intellectual property rights involved, such as patents for 
example ? 
 
The type s of protection available for geographical indication s are set out in reply 2 . 
 
[Reply  2: 
Under the Industrial Property Act, geographical indications may be protected in three different 
ways:  
 
(a) by means of the legal formulas "geographical indication" and "appellation of origin" (Articles 
156 to 178);  
 
(b) against acts of unfair competition (Article 213 .IX.d); 
 
(c) by preventing the registration of marks which mislead the public as to the origin or source of 
the product or service and of marks purportin g to register names of peoples or places 
characterized by the manufacture of certain products (Article 90 .X and XI). ] 
 
13. What authority, if any, may define the geographic region or area for which rights 
are claimed and on what basis is such definition ma de? 
 
The area is defined by the same geographical conditions which determine the quality, reputation or 
characteristics of the product . 
 
IMPI is the authority with power to delimit the geographical area of a geographical indication . This 
power is established in Article  165 bis 10 of the Industrial Property Act : "… The declaration will 
definitively determine the particulars of the protected appellation of origin or geographical 
indication, specifying in detail : (…) III. – The delimitation of the pro tected territory or geographical 
area." 
 
14. Does your legislation contain criteria for homonymous geographical indications for 
wines ? 
 
Homonymous geographical indications  may be protected  (regardless of the  product) through  a 
resolution issued by IMPI that allows the names to coexist : 
 
"Article 163. The following may not be protected as appellations of origin or geographical 
indications : 
I. A name that is identical or confusingly similar to a protected appellation of origin or geographical 
indication , or to one stated in an application for protec tion already submitted and under review, 
and that is applied to the same or similar products, unless a resolution issued by IMPI permit s said 
names  to coexist ; (…)" 
 IP/C/W/117/Add.14/Rev.1  
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  15. Does your national legislation provide for  recognition and protection of 
geographical indications or appellations of origin of foreign countries ? 
 
Yes, under  Article 166 of the Industrial Property Act . The Act also provides that a geographical 
indication may be recognized and protected pursuant to  an international treaty between Mexico 
and a trading partner . 
 
16. Is there any specific prohibition in the legislation/regulations/rules/procedures 
covering geographical indications not protected in the country of origin ? If so, please 
specify the releva nt statutory provision . 
 
In order to regist er a geographical indication protected abroad , one of the requirements is to 
submit  the "doc ument pursuant to which protection was extended to the appellation of or igin or 
geographical indication  under the applicable laws of the country of origin or in accordance with the 
International Treaties " (Article 167.II). According to Article 178 of the Industrial Property Act , the 
registration of the recognition of a geographical indication protected abro ad will be cancelled  if "the 
document referred to in Article 167.II ceases to have effect  in the country of origin ". 
 
16(a) . Is there a clear distinction among the terms "geographical indications", 
"appellations of origin" and "indications of source" in yo ur economy's industrial 
property law and/or related law, or are there any substantive criteria to distinguish 
these terms ? 
 
Article 156 of the Industrial Property Act defines an appellation of origin as "… a geographical area 
or containing said name, or another well -known appellation referring to said area, that serves to 
designate a product as originating in that area, where the quality or characteristics of the product 
are due exclusively or essentially to the geographical environment, including natural  and human 
factors".  
 
Article 157 of the Industrial Property Act defines a geographical indication as "… the name of a 
geographical area or containing said name, or another well -known indication referring to said area, 
that identifies a product as originat ing in that area, where a given quality, reputation or other 
characteristic of the good is fundamentally attributable to its geographical origin".  
 
An indication of source is defined in accordance with the Paris Convention for the Protection of 
Industrial Property.  
 
16(b) . Does your legislation contain criteria for homonymous geographical 
indications for wines and spirits ? 
 
See reply  14. 
 
[Reply 14: 
Homonymous geographical indications may be protected (regardless of the product) through a 
resolution issued by IMPI that allows the names to coexist:  
 
"Article 163 . The following may not be protected as appellations of origin or geographical 
indications:  
 
I. A name that is identica l or confusingly similar to a protected appellation of origin or geographical 
indication, or to one stated in an application for protection already submitted and under review, 
and that is applied to the same or similar products, unless a resolution issued by IMPI permits said 
names to coexist ; (…)"] 
 
C. Procedure for recognition  
17. With respect to any formal system for recognition of geographical indications, 
must the applicant be a governmental organization or can a private entity own the rights 
to a geographical indication ? 
 
Under Article  165 of the Industrial Property Act , an appellation of origin may be declared protected 
ex officio  or at the request of whoever demonstrates a legal interest . With respect to recognition of IP/C/W/117/Add.14/Rev.1  
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  geographical indications pr otected abroad, the application for entry  in the relevant  register must 
be submitted by the holder of the geographical indication . 
 
18. What are the competent authorities where the protection of a geographical 
indication can be obtained ? 
 
IMPI is the authority competent to issue a declaration of protection of an appellation of origin or 
geographical indication  (Article 159 of the Industrial Property Act ). 
 
At the same time, in accordance with the various forms of protection provided for in  the Act (see 
reply 3), recourse may be had to IMPI or to the federal courts (Articles  156 to 168, 151 to 155, 
187 to 199 bis 8 and 213 to 229 of the Act ). 
 
19. Do the procedures which lead to the recognition of a geographical indication take 
place ex officio  or must they be based on the initiative of an entity or person ? 
 
See reply  17. 
 
[Reply 17: 
Under Article 165 of the Industrial Property Act, an appellation of origin may be declared protected 
ex officio  or at the request of whoever demonstrates a legal interest . With respect to recognition of 
geographical indications protected abroad, the application for entry in the relevant register must 
be submitted by the holder of the geographical indication. ] 
 
20. What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication ? 
 
Payment of the applicable  charge . 
 
21. If criteria must be set out in an application for recognition of a geographical 
indication, are those criteria purely geographic in nature ? 
 
The application for protection of an appellation of origin must include, in addition to the 
geographical criteria, a detailed description of the product or products, including their 
characteristics, components, mode o f extraction, production or preparation processes and use  in 
trade , as well as criteria regarding the characteristics and specifications that the product must 
meet in its production, packaging and marketing  and its methods of packaging, together with any 
other criteria considered relevant by the applicant  (Article 165 bis of the Industrial Property Act ). 
 
See also reply 10. In the case of an application for recognition of a geographical indication 
protected abroad, the requirements set forth in Article 167 of the Industrial Property Act must be 
satisfied . 
 
22. What other criteria, if any, must be set out in an application for recognition of a 
geographical indication ? 
 
See replies 10 and 21. 
 
[Reply  10: 
The criteria to be considered for purposes of an applica tion for protection of an appellation of origin 
or geographical indication are listed in Article 165 bis of the Industrial Property Act. They include 
the following in particular:  
"III. An indication of the appellation of origin or geographical indication;  
 
IV. A detailed description of the finished product or products, including their characteristics, 
components, mode of extraction, production or preparation processes and use  in trade ; 
 
V. The Mexican Official Standards to which the product, its mode of ext raction, its preparation or 
production processes and its packaging, as applicable , will be subject;  
 
VI. The criteria setting out  the characteristics and specifications that the product must meet in its 
production, packaging and marketing, in the case of a  geographical indication;  IP/C/W/117/Add.14/Rev.1  
- 8 - 
   
VII. The place or places of extraction, production or preparation of the product to be protected and 
the delimitation of the territory or geographical area, with reference to the geograph y and political 
boundaries;  
 
VIII. A detailed description of the relationship between the appellation, the product, the territory 
or geographical area and the natural or human factors, when the application relates to an 
appellation of origin ; 
 
IX. A technical study issued by a public or private au thority or institution that supports the 
information referred to in points  IV, VII and VIII of this Article ; …" 
In the case of recognition of a geographical indication protected abroad, the applicant must at 
least submit the document pursuant to which protection was extended to the appellation of origin 
or geographical indication in the country of origin, indicate the product or products protected and 
note (if applicable) its Spanish translation or transliteration (Article 167 of the Act). ] 
 
[Reply  21: 
The application for protection of an appellation of origin must include, in addition to the 
geographical criteria, a detailed description of the product or products, including their 
characteristics, components, mode of extraction, production or preparation  processes and use  in 
trade , as well as criteria regarding the characteristics and specifications that the product must 
meet in its production, packaging and marketing and its methods of packaging, together with any 
other criteria considered relevant by th e applicant (Article 165 bis of the Industrial Property Act).  
 
See also reply 10 . In the case of an application for recognition of a geographical indication 
protected abroad, the requirements set forth in Article 167 of the Industrial Property Act must be 
satisfied. ] 
 
23. What information must be supplied in an application for rights in a geographical 
indication ? 
 
Under Article 160 of the Industrial Property Act, appellations of origin and geographical indications 
are the property of the Mexican State . 
 
Article 68 of the Regulations under the Act provides that the applicant for an authorization to use 
an appellation of origin must furnish the following information : 
 
"I. Name, nationality and address of the applicant ; 
 
II. Location of the industrial establishment where the product covered by the appellation of 
origin will be produced ; 
 
III. A statement from the competent local authority certifying that the industrial establishment is 
situated within the territory specified in the declaration ; 
 
IV. A statement from the Ministry to the effect that the interested party complies with the 
official quality standard, where one exists ; 
 
V. The original or a certified copy of the power of attorney, if the application is submitted by an 
authorized representative ." 
 
24. Must the goods or services with respect to which a geographical indication is 
claimed be set out ? 
 
Samples are not required as part of the application, but a detailed description of the product 
covered by the geographical indication must be provided, in accordance with Article 165 bis of the 
Industrial Property Act : 
 
"Article 165 bis. An application for  a declaration of protection of an appellation of origin or 
geographical indication must contain the following information and be submitted to IMPI in writing,  
together with  supporting  documents : 
 IP/C/W/117/Add.14/Rev.1  
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  I. The name and address of the applicant ; 
 
II. The type , legal status and principal activities  of the applicant, using the terms of the preceding 
article ; 
 
III. An indication of the appellation of origin or geographical indication ; 
 
IV. A detailed description of the finished product or products, including their characteristics, 
components, mode of extraction, production or preparation processes and use  in trade ; 
 
V. The Mexican Official Standards to which the product, its mode of extraction, its preparation or 
production processes and its packaging, as applicable , will be subject ; 
 
VI. The criteria setting out the characteristics and specifications that the product must meet in its 
production, packaging and marketing, in the case of a geographical indication ; 
 
VII. The place or places of extraction, production or preparation of the product to be protected and 
the delimitation of the territory or geograph y, with reference to the geographical characteristics 
and political boundaries ; 
 
VIII. A detailed description of the relationship between the appellation, the product, the territory 
or geographical area and the natural or human factors, when the application relates to an 
appellation of origin ; 
 
IX. A technical study issued by a public or priv ate authority or institution that supports the 
information referred to in points  IV, VII and VIII of this Article ; 
 
X. Proof of payment of the applicable charge , and 
 
XI. Any other information the applicant may deem necessary or pertinent ." 
 
25. What mechanisms are provided to oppose the recognition of a geographical 
indication ? How is an investigation conducted after such a complaint ? 
 
Upon receipt of an application for a declaration of protection of a geographical indication which 
satisfies the legal  requirements, IMPI will publish an extract of the application  in the Official 
Journal and will grant a period of two months for any third party with a documented interest to 
oppose the application and make comments or raise objections regarding its compli ance with the 
provisions of Articles 163 and 165 bis of the Industrial Property Act . 
 
IMPI will notify the applicant of the oppositions entered and grant the applicant a period of 
two months to respond to the opposition, comments or objections and, if applicable, present 
evidence . 
 
Before making a declaration, IMPI may carry out any investigations it considers relevant and 
gather the information it considers necessary . 
 
26. Who can oppose the recognition of a geographical indication ? 
 
Any person with a documented interest  (Article 165 bis 5). 
 
27.  If your national legislation provides for recognition and protection of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has 
to be followed in order to obtain  such recognition and consequent protection ? 
 
The holder of the foreign geographical indication must submit to IMPI an application for 
registration that fulfils the following requirements : (Article  167 of the Industrial Property Act ) 
 
"I. Indicate the name, nationality and address of the applicant ; 
 IP/C/W/117/Add.14/Rev.1  
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  II. Submit the document pursuant to which protection was extended to the appellation of or igin or 
geographical indication  under the applicable laws of the country of origin or in accordance with the 
Internat ional Treaties ; 
 
III. Indicate the protected product or products and the territory or geographical area where they 
are extracted, produced or prepared ; 
 
IV. Indicate the Spanish translation or the transliteration in the modern international Latin script of 
the protected appellation of origin or geographical indication, if applicable ; 
 
V. Submit proof of payment of the applicable charge , and 
 
VI. Any other requirements set forth  in the regulations implementing this Act ." 
 
It should be pointed out that Mexico  is a party to the Lisbon Agreement for the Protection of 
Appellations of Origin and their International Registration.  
 
D. Maintenance  
28. How long does recognition for a geographical indication continue ? 
 
The period of validity of a declaration of protection of an appellation of origin or geographical 
indication issued by IMPI is determined by the continued existence of the conditions on which it 
was based, and the declaration will only cease to have effect  when revoked by another declaration 
issued by IMPI  (Articles  161 and 165 bis 26 of the Industrial Property Act ). 
 
With regard to the period of validity of the authorization to use an appellation of origin, see the 
reply to the following question.  
 
29. If recognition of a geographical indication must be renewed or reaffirmed, what 
information must be provided in order to effect such a renewal or reaffirmation ? Specify 
any fees involved in renewal or reaffirmation.  
 
It is possible to renew an application for  authorization to use a designation of origin or 
geographical indication . The authorization is valid for ten years from the date of submission of the 
application and may be renewed for identical periods . There is a fee for the procedure.  
 
30. Must a geogra phical indication be used in order to maintain rights ? If so, how is 
such use determined?  
 
Yes. After three years of non -use, the authorization for use ceases to be valid . The authorized user 
must use the geographical indication in the manner stipulated in  the declaration of protection or in 
the Industrial Property Law, and must apply the wording "Protected Appellation of Origin" or 
"Protected Geographical Indication" or abbreviation "PAO" or "PGI", as appropriate, to the 
protected products.  
 
See also reply  23. 
 
[Reply 23:  
Under Article 160 of the Industrial Property Act, appellations of origin and geographical indications 
are the property of the Mexican State.  
 
Article 68 of the Regulations under the Act provides that the applicant for an authorization to use 
an appellation of origin must furnish the following information:  
 
"I. Name, nationality and address of the applicant;  
 
II. Location of the industrial establishment where the product covered by the appellation of 
origin will be produced;  
 
III. A stateme nt from the competent local authority certifying that the industrial establishment is 
situated within the territory specified in the declaration;  IP/C/W/117/Add.14/Rev.1  
- 11 - 
  IV. A statement from the Ministry to the effect that the interested party complies with the 
official quality s tandard, where one exists;  
 
V. The original or a certified copy of the power of attorney, if the application is submitted by an 
authorized representative ."] 
 
31. Is there a specified limit for non -use before rights in a geographical indication 
cease and, if so, what is that limit?  
 
The Industrial Property Act provides that an authorization to use a protected geographical 
indication can (a) be nullified (Article 165 bis 27), (b) be cancelled (Article 165 bis 28), 
or (c) expire (Article 165 bis 29). 
 
32.  Who monitors the use of geographical indications to determine if the criteria 
identified in the application continue to be met?  
 
The authorized user of an appellation of origin is required to use it exactly as it is protected in the 
declaration of protection  (Article 173 of the Industrial Property Act) . IMPI, as the authority charged 
with administering the Act, monitors matters relating to appellations of origin (Article 6.3 of the 
Act). Also involved in the monitoring are the Directorate -General of Standards  and the bodies 
responsible for conformity assessment as provided for in the Federal Law on Metrology and 
Standardization.  
 
See also reply 31.  
 
[Reply 31:  
 
The Industrial Property Act provides that an authorization to use a protected geographical 
indication can (a) be nullified (Article 165 bis 27), (b) be cancelled (Article 165 bis 28), 
or (c) expire (Article 165 bis 29).] 
 
33. If a government entity is responsible for monitoring the use of geographica l 
indications, what are its procedures for doing so?  
 
See replies 31 and 32.  
 
[Reply 31:  
The Industrial Property Act provides that an authorization to use a protected geographical 
indication can (a) be nullified (Article 165 bis 27), (b) be cancelled (Arti cle 165 bis 28), 
or (c) expire (Article 165 bis 29).] 
 
[Reply 32:  
The authorized user of an appellation of origin is required to use it exactly as it is protected in the 
declaration of protection (Article 173 of the Industrial Property Act) . IMPI, as the authority charged 
with administering the Act, monitors matters relating to appellations of origin (Article 6.3 of the 
Act). Also involved in the monitoring are the Directorate -General of Standards and the bodies 
responsible for conformity assessment as pro vided for in the Federal Law on Metrology and 
Standardization .] 
 
34.  Are there means by which interested parties may request termination of a 
geographical indication based on non -use or failure to maintain the criteria identified in 
the application ? Describe the procedure.  
 
The Industrial Property Act provides for nullity, cancellation and expiry procedures, both in regard 
to the processing of an application for a declaration of protection of an appellation of origin or 
geographical indication, or to autho rizations for the use of an appellation of origin or geographical 
indication:  
 
"Article 165 bis  8 – The Institute shall suspend the processing of an application for a declaration of 
protection of an appellation of origin or geographical indication in the f ollowing cases:  
 IP/C/W/117/Add.14/Rev.1  
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  I. Where the application encounters one of the impediments referred to in Article 163.IV and V and 
a request is filed for an administrative declaration of nullity, expiry or cancellation in respect of the 
registered trademark, or of cessation of the effects of a published trade name . Suspension shall 
occur ex officio or at the request of any of the parties to the administrative declaration procedure 
and shall be lifted once said procedure has been settled by the Institute, and  
 
II. By order of the jurisdictional or administrative authority."  
 
"Article 178 – The registration of recognition of an appellation of origin or geographical indication 
that is protected in other countries shall cease to have effect in the following circumstances : 
 
I. Nullity, in either of the following cases:  
 
(a) Where it has been granted in violation of the provisions of this Act, and  
 
(b) Where it has been granted on the basis of false information and documents.  
 
II. Cancellation, where the document referred to in Article 167.II  ceases to have effect in the 
country of origin.  
 
The declaration of nullity or cancellation of the registration shall be made administratively by the 
Institute ex officio, at the request of a party or at the request of the Federal Atto rney-General's 
Office in cases where the Mexican State has any interest in the matter."  
 
"Article 165 bis 27 – The authorization to use a protected appellation of origin or geographical 
indication shall be null where it is granted:  
 
I. in violation of the provisions of this Act, or  
 
II. on the basis of false information or documents."  
 
"Article 165 bis 28 – An authorization for use of a protected appellation of origin or geographical 
indication shall be cancelled where:  
 
I. the authorized user uses it in a manner other than that specified in the declaration of protection 
or in this Act, or  
 
II. the authorized user fails to apply the wordings or abbreviations referred to in Article 165 
bis 18." 
 
"Article 165 bis 29 – An authorization for use shall expire:  
 
I. where it is not used during the three years immediately preceding the request for an 
administrative declaration of expiry, unless the Institute deems there to be good cause for 
resolving otherwise, or  
 
II. upon completion of its period of validity."  
 
See also reply 31.  
 
[Reply 31:  
The Industrial Property Act provides that an authorization to use a protected geographical 
indication can (a) be nullified (Article 165 bis 27), (b) be cancelled (Article 165 bis 28), 
or (c) expire (Article 165 bis 29).] 
 
35.  Do the procedures which lead to forfeiture of a geographical indication take place 
ex officio  or must they be based on the initiative of an entity or person?  
 
IMPI may, ex officio  or at the request of an interested party, suspend the process of application  for 
a declaration of protection of an appellation of origin or geographical indication (Article 165 bis 8 of 
the Industrial Property Act).  
 IP/C/W/117/Add.14/Rev.1  
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  In cases where the registration of recognition of a protected appellation of origin or geographical 
indication in o ther countries is nullified, the corresponding procedure may be carried out ex officio  
by IMPI, at the request of an interested party or at the request of the Federal Attorney -General's 
Office  in cases where the Mexican State has any interest in the matter  (Article 178).  
 
E. Scope of rights and use  
36.  May anyone who meets the criteria submitted to obtain recognition of a 
geographical indication use that geographical indication after recognition is given or 
must additional criteria or procedures be followe d by that party before use is permitted?  
 
Once the declaration of protection of an appellation of origin or geographical indication has been 
issued, the interested party or parties must obtain an authorization to use the appellation by 
submitting a request  to IMPI . Such authorization will be granted to any individual or corporate 
body fulfilling the following requirements (Article 165 bis 14 of the Industrial Property Act):  
 
I. Direct engagement in the extraction, production or preparation of the products p rotected by 
the appellation of origin or geographical indication;  
 
II. Engagement in such activity within the territory or geographic area specified in the 
declaration;  
 
III. Compliance with the applicable official Mexican standards as applied to the produ cts 
involved ; and 
 
IV. Any other requirements specified in the declaration.  
 
37. Who makes the determination regarding use of a geographical indication by 
particular parties, the entity responsible for the recognition or the entity that obtained 
the recogn ition?  
 
The entity responsible for issuing the declaration of protection of an appellation of origin or 
geographical indication and for authorizing its use is IMPI.  
 
38. Are there fees involved in receiving authorization to use a particular geographical 
indication, and, if so, what are those fees and how are they established ? 
 
Payment of a fee is required to obtain authorization to use or renew a geographical indication, in 
accordance with Article 165 bis 16 of the Industrial Property Act and with the Agreement modifying 
the provision specifying the fee charged in respect of the services provided by IMPI 
(26 April 2018).  
 
39. If there is a dispute regarding use of a geographical indication by a particular 
party, what procedures are followed to resolve it?  
 
Any party with a legal interest and valid claim may submit a request to IMPI for initiation of the 
procedure for administrative declaration of nullity, cancellation or administrative infringement 
under th e Industrial Property Act . IMPI may initiate such procedures ex officio . Such requests will 
be substantiated and decided upon on the basis of Title Six, Chapter II of the Act.  
 
40. Must individual authorized users of a geographical indication use that geog raphical 
indication continually to retain their right to use it and, if so, how is their use 
determined and how long will disuse be permitted?  
 
Although the Industrial Property Act does not require authorized users of a geographical indication 
to use that geographical indication continually, its non -use over three consecutive years may result 
in its expiry.  
 
41. If there is a dispute over continuity of use by a particular party, how is it resolved?  
 
Pursuant to Article 187 of the Industrial Property Act, re quests for administrative declaration of 
expiry "shall be substantiated and decided in accordance with the procedure set out in this chapter IP/C/W/117/Add.14/Rev.1  
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  and with the formalities foreseen under this Act, with supplementary application, insofar as no 
conflict arises, of  the Federal Code of Civil Procedure."  
 
42. Does the regime for protection of geographical indications allow geographical 
indications to be licensed and, if so, what conditions are imposed on such licences?  If 
such conditions are not met, what is the effec t on the geographical indication?  
 
The Industrial Property Act makes no provision for the user to "license" the authorization to use an 
appellation of origin or geographical indication, because he is not the owner . However, under 
Article 165 bis 24 of the Act, the authorized user of a protected appellation of origin or 
geographical indication may, by agreement, permit its use by those, and only those, who 
distribute or sell the products covered by the appellation of origin or geographical indication . Such 
agreement must be registered with IMPI and must include a clause establishing an obligation upon 
the distributor or marketer to fulfil the requirements of Article 165 bis 14 (III and IV) and those 
foreseen in the Regulations implementing the Act . Failure on  the part of the distributor or marketer 
to meet this obligation will result in cancellation of the registration.  
 
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country?  
 
This provis ion remains in effect, inasmuch as Article 1 of the Industrial Property Act states that : 
"The provisions of this Act are public order provisions enforceable throughout the Republic, without 
prejudice to the terms of the international treaties to which Mexi co is a party…".  
 
However, we have to date not identified any particular case in which the scenario provided for in 
Article 24.4 of the TRIPS Agreement materialized.  
 
F. Relationship to trademarks  
44. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired ? 
 
Article 90 of the Industrial Property Act prohibits the trademark registration of:  
 
"X. Proprietary or common geographic areas, maps, names of towns, and names and adjectives of 
origin, when they indicate the source of the products or services and may be confusing or 
misleading with regard to that source . This includes those that are accompanied by expressions 
such as "kind", "type", "manner", "i mitation", "produced in", "manufactured in", or other similar 
terms that create confusion in the mind of the consumer or imply unfair competition in relation to 
source.  
 
XI. Names of peoples or places characterized by the making of certain products, when u sed to 
cover such products, except for the names of places under private ownership, when they are 
specific and unmistakable and the owner's consent has been given;  ...". 
 
It is also possible to invalidate a trademark that has been registered . In this conne ction, 
Article  151 of the Act provides inter alia  that "the registration of a trademark shall be void when it 
has been granted in contravention of the provisions of this Act or of the legislation in force at the 
time of its registration".  
 
The aforemention ed provisions of the Industrial Property Act do not distinguish whether 
geographical indication identifies wines or spirits, or any particular product.  
 
45. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of A rticle 16.2 and 16.3 of the TRIPS Agreement are not nullified and 
impaired?  
 
The Industrial Property Act is applied without prejudice to the international treaties to which 
Mexico is a party . Consequently, the protection granted to geographical indications  must not 
impair rights in a known trademark, as provided in TRIPS Article 16.2 and 3.  
 IP/C/W/117/Add.14/Rev.1  
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  46. What procedures are foreseen in case of a conflict of a geographical indication 
with a trademark?  
 
In addition to what is stated in reply 44 above, Article 163.IV of the Industrial Property Act states 
that it is not possible to protect, as an appellation of origin or geographical indication, "that which 
is identical or confusingly similar to a previously -submitted trademark registration application or 
trade notice i n the course of being processed, or to a registered and valid trade notice, applying to 
the same or similar products or services".  
 
Indeed, this is one of the criteria whereby third parties having a duly substantiated interest can 
submit an objection to th e protection of a geographical indication (Industrial  Property Act, 
Article  165 bis 5). 
 
46(a).  Does your economy's industrial property law and/or related law provide the 
refusal or invalidation of a trademark registration, which consists of or contains 
geographical indications identifying wines or spirits with respect to such wines or spirits 
not originating in the indicated territory?  
 
See reply 44.  
 
[Reply 44:  
Article 90 of the Industrial Property Act prohibits the trademark registration of:  
 
"X. Proprie tary or common geographic areas, maps, names of towns, and names and adjectives of 
origin, when they indicate the source of the products or services and may be confusing or 
misleading with regard to that source . This includes those that are accompanied by expressions 
such as "kind", "type", "manner", "imitation", "produced in", "manufactured in", or other similar 
terms that create confusion in the mind of the consumer or imply unfair competition in relation to 
source.  
 
XI. Names of peoples or places charact erized by the making of certain products, when used to 
cover such products, except for the names of places under private ownership, when they are 
specific and unmistakable and the owner's consent has been given;  ...". 
 
It is also possible to invalidate a trademark that has been registered . In this connection,  
Article  151 of the Act provides inter alia  that "the registration of a trademark shall be void when it 
has been granted in contravention of the provisions of this Act or of the legislation in force at  the 
time of its registration".  
 
The aforementioned provisions of the Industrial Property Act do not distinguish whether 
geographical indication identifies wines or spirits, or any particular product.]  
 
G. Enforcement  
47. How are rights in the geographical  indication enforced?  Are provisions available 
under unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws 
and, if they have not been notified under Article 63.2 of the TRIPS Agreement, please 
provide copies.  
 
See reply 4.  
 
[Repl y 4: 
The Industrial Property Act, most recently amended in 2018, is the relevant legislation for the 
protection of geographical indications.  
 
In accordance with Article 22.2 of the TRIPS Agreement, Article 213 of the Industrial Property Act 
sets sanctions for acts of unfair competition . The provision in question defines the following, 
inter alia, as administrative offences:  
 
"IX. In the exercise of industrial or commercial activities, to carry out acts which confuse or 
mislead the public by creating the unf ounded belief or assumption:  …" 
 IP/C/W/117/Add.14/Rev.1  
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  (d) That the product in question originates in a territory, region or locality other than the true 
place of origin, so that the public is misled as to the geographical origin of the product;  
 
XXII. To use a protected appell ation of origin or geographical indication without the necessary 
authorization;  
 
…" 
 
Similarly, Article 165 bis 20 of the Act provides that the illegal use of a protected appellation of 
origin or geographical indication will be penalized, even where it is accompanied by terms such as 
"kind", "type", "manner", "imitation" or the like, which mislead the consumer or involve unfair 
competition .] 
 
48. Who has the right to enforce a geographical indication?  
 
According to Article 160, appellations of origin are ow ned by the Mexican State and may be used 
only under an authorization issued by IMPI.  
 
In the case of administrative procedures, IMPI  is the authority empowered to enforce the 
provisions of the Industrial Property Act with regard to protection of geographical indications 
(Article 90.X and XI, Articles 156 to 178, Chapter II , Title VI, Articles 213 to 222) . With respect to 
civil and crim inal proceedings, the federal courts have jurisdiction (Articles 223 to 229 of the Act).  
 
49. What judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications?  Are there fees involved and, if so, what ar e those 
fees?  
 
In the case of administrative procedures, IMPI is the authority empowered to enforce the 
provisions of the Industrial Property Act with regard to protection of geographical indications 
(Article 90.X and XI, Articles 156 to 178, Chapter II , Title VI, Articles 213 to 222) . With respect to 
civil and criminal proceedings, the federal courts have jurisdiction (Articles 223 to 229 of the Act).  
 
Where services provided by IMPI in relation to appellations of origin and geographical indications 
are co ncerned, payment of the corresponding fees will be required, in accordance with the 
Agreement modifying the provision specifying the fee charged in respect of the services provided 
by IMPI  (26 April 2018).  
 
The fees payable are those set out in by the Decr ee establishing tariffs for the services provided by 
the Mexican Industrial Property Institute, as published in the Official Journal on 2 3 August  1995 
and in force since 1 September  1995, together with any subsequent modifications and/or updates 
that may b e published.  
 
50. Must the public be notified of the existence of a geographical indication and, if so, 
how and how often?  
 
The declaration of protection of a geographical indication is published in the Official Journal once 
only. Moreover, Article 164 of the Industrial Property Act specifies that : "In addition to the 
publications provided for in this Title, the declarations made and authorizations granted by the 
Institute shall be published in the Official Gazette, together with any measure terminating rig hts 
granted in respect of appellations of origin or geographical indications ." The Official Gazette is the 
official publication organ of IMPI.  
 
51.  Is unauthorized use of a geographical indication subject to criminal action and, if 
so, describe the proced ures.  If the law has not been notified pursuant to Article 63.2 of 
the TRIPS Agreement, please provide a copy.  
 
The Industrial Property Act classifies the following conduct as an offence : "Producing, storing, 
transporting, distributing or selling products of domestic origin which do not have the 
corresponding certification in conformity with the appellation of origin or geographical indication 
and corresponding Mexican Official Standard, for the purpose of obtaining economic benefit for 
oneself or for a thi rd party ." It further states that "the foregoing shall include engaging in any act 
of customs clearance before the competent authorities for introduction into the country or export IP/C/W/117/Add.14/Rev.1  
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  therefrom ". Finally, the same article establishes an exception : "There shal l be no criminal liability 
where the corresponding Mexican Official Standard is not in force or where the relevant conformity 
assessment body has not been accredited, in accordance with the applicable legislation ." Offences 
of this nature shall be prosecut ed when a complaint is lodged by the aggrieved party.  
 
The procedure is as follows : the authorized person submits a request to IMPI, which in turn carries 
out an investigation and issues a technical opinion without prejudice to any civil or criminal action s 
that may be called for . The Institute submits its technical opinion to the Attorney -General's Office 
which refers it to a federal criminal judge for an appropriate ruling . The authorized user may refer 
the matter directly to the federal courts which must  request a technical opinion on the subject 
from IMPI, while the process described above continues (Articles 225 to 227 of the Industrial 
Property Act).  
 
Furthermore, Article 228 provides that, in judicial proceedings in respect of offences covered by 
the Act, the judicial authority may adopt the measures foreseen in the Act and in the international 
treaties to which Mexico is a party.  
 
H. International agreements  
52.  Is your government party to an international, including bilateral or plurilateral, 
agreem ent for the notification and/or registration of geographical indications?  If so, 
please name the international agreement and explain the relationship between it and 
your national legislation.  
 
Mexico is a party to the following agreements on the subject:  
 
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration.  
 
The Industrial Property Act provides for the protection of appellations of origin in accordance with 
the above -mentioned Agreement.  
 
Agreement between the European Community and the United Mexican States on the mutual 
recognition and protection of designations for spirit drinks . A schedule annexed to the Agreement 
sets out the designations for spirit drinks of both parties for purposes of adequate protection . 
 
The Industrial Property Act provides for compliance with international treaties containing 
provisions relating to intellectual property . Article 1 states that : "The provisions of this Act are 
public order provisions enforceable throughout the Republic, without prejudice to the terms of the 
international treaties to which Mexico is a party ." 
 
53. What other international agreements, if any, have been entered into?  What do 
these agreements provide?  
 
Mexico has signed various free trade agreements containing chapters on intellectual property, 
which include specific provisions to ensure mutual protection of geographical indications between 
the parties . The agreements concerned are the following:  
 
-  North American Free Trade Agreement between Canada,  the United States and Mexico, 
Chapter XVII, in force since 1 January  1994. 
 
-  Mexico -Japan Economic Partnership Agreement  
 
-  Mexico -Panama Free Trade Agreement  
 
-  Mexico -Uruguay Free Trade Agreement (ACE 60)  
 
-  Mexico -Israel  Free Trade Agreement  
 
- Free Trade Agreement between the Government of the Republic of Chile and the 
Government of the United Mexican States  
 
-  Colombia -Mexico  Free Trade Agreement (ACE 33)  IP/C/W/117/Add.14/Rev.1  
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  - Agreement between the United Mexican States and the Federative Republic of Brazil for the 
Mutual Recognition of Tequila and Cachaça as Geographical Indications and Distinctive 
Products of Mexico and Brazil, respectively.  
 
An agreement in principle has recently been reached on Modernization of the Free Trade 
Agreement between Mexico and the European Union . It contains the chapter on intellectual 
property, and provisions relating to the recognition and protection of geographical indications with 
standards of protection similar to those of Article 23 of the TRIPS Agreement.  
 
__________