RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.14
9 February 1999
(99-0392)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Checklist of Questions1
Responses from Mexico2
The present document represents the responses to the Checklist which the Secretariat has
received from Mexico, by means of a communication from its Permanent Mission, dated
12 January 1999.
_______________
I. RESPONSES TO THE QUESTIONS IN DOCUMENTS IP/C/13 AND IP/C/13/ADD.1
A. GENERAL
1. (No. 4 of document IP/C/13).  What provisions  of law or regulations are directed to the
recognition of geographical indications required by Articles 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.
Article 133 of the Political Constitution of the United Mexican States stipulates that the
international treaties signed by Mexico and ratified by the Senate of the Republic shall constitute
internal legislation in the country.  Accordingly, the TRIPS Agreement constitutes domestic law in
Mexico.
In addition, the Industrial Property Act of 1991, as amended in 1994 and 1998, and the
Regulations thereto, constitute the legislation which establishes protection for geographical
indications.
In accordance with Article 22.2 of the TRIPS Agreement, Article 213 of the Intellectual
Property Act sets sanctions for acts of unfair competition.  The provision in question defines the
following, inter alia , as administrative offences:
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.
2 Mexico is submitting these responses without prej udice to the transitional period granted to it under
Article 65.2 of the TRIPS Agreement.IP/C/W/117/Add.14
Page 2
"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 an appellation of origin without the necessary authorization or licence; … "Similarly, Article 157 of the Act provides that the illegal use of an appellation of origin 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.
2. (No. 5 of document IP/C/13)  If the requi red recognition of geographical indications is
not provided through statutes or regulations,  please explain, in detail, the mechanism or
mechanisms through which the protection required is provided.
Not applicable.  Protection of geographical indications is provided for in the Industrial
Property Act.
3. (No. 2 of document IP/C/13)  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.  However, under the
Industrial Property Act, geographical indications may be protected in three different ways:
(a) Against acts of unfair competition (Article 213, paragraph IX(d));
(b) by means of the legal formula "appellation of origin" (Articles 156 to 168);
(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, points X
and XI).
Unless expressly indicated otherwise, the remarks which follow refer to protection granted in
respect of appellations of origin.
4. (No. 3 of document IP/C/13)  Do(es) the regime(s) of protection of geographical
indications also extend to services?
Yes, both products and services are protected.  In the case of appellations of origin, provision
is only made for the protection of products.
5. (No. 1 of document IP/C/13/Add.1)  Does your economy's industrial property law and/or
related law prevent the use of geographical in dications 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 ge ographical indication is used in translation or
accompanied by expressions such as "kind", "type", "style", "imitation" or the like?
No (see reply 1).IP/C/W/117/Add.14
Page 3
6. (No. 7 of document IP/C/13)  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 under which they are protected.
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 with
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 consent has been given."
7. (No. 1 of document IP/C/13)  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 geographical indication require registration?
The Industrial Property Act is the legal enactment which sets penalties for acts of unfair
competition in respect of geographical indications (Article 213.IX(d)).  No registration of ageographical indication is required in order for the provisions on unfair competition contained in the
Act to apply.  Protection is also provided by reference to the appellation of origin.  (Articles 156-168),
in which case a declaration of protection for the appellation of origin is issued by the Mexican
Industrial Property Institute (IMPI).
8. (No. 6 of document IP/C/13)  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.
Appellation of origin Product National protection
by declaration of
protectionInternational registration
with the International
Bureau of WIPO under
the Lisbon Agreement
TEQUILA Applied to an alcoholic
beverage of the same
namePublication in the
Official Journal of
9 December 1974Registration No. 669, of
13 April 1978
MEZCAL Applied to an alcoholic
beveragePublication in the
Official Journal of
28 November 1994Registration No. 731, of
9 March 1995
OLINALA Applied to handicrafts Publication in the
Official Journal of28 November 1994Registration No. 732,
9 March 1995
TALAVERA Applied to handicrafts Publication in the
Official Journal of
11 September 1997Registration No. 833,
17 July 1998
The mechanism by which such protection is provided is a declaration of protection issued by
IMPI in accordance with Article 164 of the Industrial Property Act.IP/C/W/117/Add.14
Page 4
B. DEFINITION AND CRITERIA FOR RECOGNITION
9. (No. 2 of document IP/C/13/Add.1)  Is there a clear distinction among the terms
"geographical indications", "appellations of or igin" and "indications of source" in your
economy's industrial property law and/or relate d law, or are there any substantive criteria to
distinguish these terms?
Article 156 of the Industrial Property Act defines appellation of origin as " … the name of a
geographical region of the country which serves to designate a product originating in that region,
whose quality or characteristics are due exclusively to the geographical environment, including
natural and human factors".
In accordance with reply 1, the definition of geographical indications given in Article 22.1 of
the TRIPS Agreement is also applicable.
An indication of source is defined in accordance with the Paris Convention for the Protection
of Industrial Property.
10. (No. 8 of document IP/C/13)  How are geographical indications defined?
See reply 9.
11. (No. 9 of document IP/C/13)  Would such a definition comprise geographical indications
identifying products of a certain quality or reputation which are indirectly linked to a specific
region?
No, in accordance with the definition in the TRIPS Agreement.
12. (No. 11 of document IP/C/13)  Is there an y 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?
Yes, human factors are considered in the definition of the appellation of origin, since 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 9).
13. (No. 10 of document IP/C/13)  In determin ing whether recognition should be given a
geographical indication, what  criteria are considered?
The Industrial Property Act provides for no system of registration for geographical
indications.
The criteria to be considered for purposes of an application for protection of an appellation of
origin are listed in Article 159 of the Act.  They include the following in particular:
"IV. - A detailed description of the finished product or products to be covered by the
appellation, including their characteristics, components, mode of extraction and production or
preparation processes.  When necessary to determine the relationship between the appellation and the
product, an indication will be given of the official standards established by the Ministry of Trade and
Industrial Development, to which the product, its mode of extraction, its preparation or productionprocesses and its packaging will be subject;IP/C/W/117/Add.14
Page 5
V.  The place or places of extraction, production or preparation of the product to be protected
by the appellation of origin and the delimitation of the territory of origin, with reference to the
geographical characteristics and political boundaries;
VI.  A detailed description of the relationship between the appellation, the product and the
territory;
VII.  Any other information which the applicant considers necessary or pertinent".
14. (No. 13 of document IP/C/13)  What author ity, if any, may define the geographic region
or area for which rights are claimed and on what basis is such definition made?
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 an appellation of origin.
This power is established in Article 164 of the Industrial Property Act:  "… The declaration of theInstitute granting protection will definitively determine the particulars and requirements mentioned in
Article 159 of this Act".
The particulars referred to in Article 159 include the following:
"V.  The place or places of extraction, production or preparation of the product to be protected
by the appellation of origin and the delimitation of the territory of origin, with reference to the
geographical characteristics and political boundaries".
15. (No. 14 of document IP/C/13)  Does your legislation contain criteria for homonymous
geographical indications for wines?
The forms of protection provided for in the Industrial Property Act are applicable to all
geographical indications,  including homonymous indications for wines (see reply 3).
16. (No. 3 of document IP/C/13/Add.1)  Does your legislation contain criteria for
homonymous geographical indications for wines and spirits?
The forms of protection provided for in the Industrial Property Act are applicable to all
geographical indications, including homonymous indications for wines and spirits (see reply 3).
17. (No. 12 of document IP/C/13)  Are there any other intellectual property rights involved,
such as patents for example?
The types of protection afforded for a geographical indication are specified in reply 3.
18. (No. 15 of document IP/C/13)  Does your nati onal legislation provide for recognition and
protection of geographical indications or appellations of origin of foreign countries?
Foreign geographical indications or appellations of origin are recognized and protected in
accordance with the international treaties to which Mexico is a party.
19. (No. 16 of document IP/C/13)  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 relevant statutory provision.IP/C/W/117/Add.14
Page 6
In this connection, the applicable provisions are Article 24.9 of the TRIPS Agreement and
Article 1.2 of the Lisbon Agreement for the Protection of Appellations of Origin and their
International Registration.
C. PROCEDURE FOR RECOGNITION
20. (No. 18 of document IP/C/13)  What are th e competent authoritie s 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
(Article 157 of the Industrial Property Act).
At the same time, in accordance with the various  forms of protection provided for ine 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).
21. (No. 19 of document IP/C/13)  Do the pro cedures which lead to the recognition of a
geographical indication take place ex officio or mu st they be based on the initiative of an entity
or person?
In accordance with Article 158 of the Act, an appellation of origin may be declared protected
ex officio or at the request of whoever demonstrates a legal interest.
22. (No. 17 of document IP/C/13)  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?
See reply 21.
23. (No. 20 of document IP/C/13)  What, if an y, fees are involved in the application and
maintenance of rights in a geographical indication?
In the case of an appellation of origin, the fees payable are those set out in Article 15 of the
Decree establishing tariffs for the services provided by the Mexican Institute of Industrial Property
(published in the Official Journal of 23 August 1995), which have been in force since1 September 1995).
24. (No. 21 of document IP/C/13)  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 of extraction, production or preparation processes, and methods of packaging,
together with any other criteria considered relevant by the applicant (Article 159, points IV and VII).
See also reply 13.
25. (No. 22 of document IP/C/13)  What oth er criteria, if any, must be set out in an
application for recognition of a geographical indication?
See replies 13 and 24.
26. (No. 23 of document IP/C/13)  What information must be supplied in an application for
rights in a geographical indication?IP/C/W/117/Add.14
Page 7
In accordance with Article 167 of the Industrial Property Act, the Mexican State is the owner
of the appellation of origin which may only be used under an authorization issued by IMPI.
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.
27. (No. 24 of document IP/C/13)  Must the go ods or services with respect to which a
geographical indication is claimed be set out?
The application for protection of an appellation of origin must contain, inter alia , a detailed
description of the finished product or products covered by the appellation of origin (Article 159,
point IV of the Act).
28. (No. 25 of document IP/C/13)  What mechan isms are provided to oppose the recognition
of a geographical indication?  How is an in vestigation conducted after such a complaint?
In the case of an appellation of origin, upon receipt of an application for protection which
satisfies the legal requirements, IMPI will publish an extract of the publication in the Official Journal
and will grant a period of two months for any third party with a documented legal interest to makecomments or raise objections and submit any evidence he considers relevant (Articles 161 and 162 of
the Industrial Property Act).  The same period is granted when the procedure is initiated ex officio.
29. (No. 26 of document IP/C/13)  Who can oppose the recognition of a geographical
indication?
See reply 28.
30. (No. 27 of document IP/C/13)  If your national legislation provides for recognition and
protection of geographical indications or appellations of origin of foreign countries, what is theprocedure that has to be followed in order to obtain such recognition and consequent
protection?
See reply 18.  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.IP/C/W/117/Add.14
Page 8
D. MAINTENANCE
31. (No. 28 of document IP/C/13)  How long do es recognition for a geographical indication
continue?
The period of validity of a declaration of protec tion of an appellation of origin 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 of the Institute (Article 165 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.
32. (No. 29 of document IP/C/13)  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 invo lved in renewal or reaffirmation.
In the event that IMPI authorizes the use of an appellation of origin, the authorization will
remain valid for a period of ten years from the date of submission of the application for authorization,
and may be renewed for like periods, on the basis of an application to the Institute for renewal
(Article 172 of the Industrial Property Act).
See also replies 26 and 31.
33. (No. 30 of document IP/C/13)  Must a ge ographical indication be used in order to
maintain rights?  If so, how is such use determined?
Article 173 of the Industrial Property Act requires the user of an appellation of origin to use it
exactly as it is protected in the declaration.  If it is not used in the manner specified, the authorization
will be cancelled.
See also reply 26.
34. (No. 31 of document IP/C/13)  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 lays down no criteria for use of an appellation of origin.  The
protection of an appellation of origin, as provided for in a declaration issued by IMPI, is determined
by the continued existence of the conditions on which the declaration was based, and the latter will
only cease to have effect when revoked by another declaration of the Institute.
35. (No. 32 of document IP/C/13)  Who monito rs 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).
See also reply 34.
36. (No. 33 of document IP/C/13)  If a government  entity is responsible for monitoring the
use of geographical indications, what are its procedures for doing so?IP/C/W/117/Add.14
Page 9
See replies 34 and 35.
37. (No. 34 of document IP/C/13)  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.
Administrative declarations of nullity and cancellation of the authorization to use an
appellation of origin are to be made by IMPI, ex officio, or at the request of a party or the Federal
Attorney-General's Office (Article 177 of the Industrial Property Act).
See also reply 34.
38. (No. 35 of document IP/C/13)  Do the procedures which lead to forfeiture of a
geographical indication take place ex officio or mu st they be based on the initiative of an entity
or person?
See replies 31 and 37.
E. SCOPE OF RIGHTS AND USE
39. (No. 36 of document IP/C/13)  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 followed by that party before use is
permitted?
Once the declaration of protection of an appellation of origin has been issued, the interested
party or parties must obtain an authorization to use the appellation by submitting a request tothe IMPI.  Such authorization will be granted to any individual or corporate body fulfilling the
following requirements (Industrial Property Act, Article 169):
- Direct engagement in the extraction, production or preparation of the products
protected by the appellation of origin;
- engagement in such activity within the territory specified in the declaration;- compliance with the official standards laid down by the Ministry of Trade and
Industrial Development, in accordance with the applicable laws, with respect to the
products in question;  and
- the other requirements of the declaration.
40. (No. 37 of document IP/C/13)  Who makes the determination regarding use of a
geographical indication by particular parties, th e entity responsible for the recognition or the
entity that obtained the recognition?
The entity responsible for issuing the declaration of protection of an appellation of origin and
for authorizing its use, i.e. IMPI (Industrial Property Act, Articles 167 and 169).
41. (No. 38 of document IP/C/13)  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?IP/C/W/117/Add.14
Page 10
Payment of a fee is required to obtain authorization to use or renew an appellation of origin,
in accordance with Article 170 of the Industrial Property Act and Article 15b of the Decree
establishing tariffs for the services provided by the Mexican Institute of Industrial Property, published
in the Official Journal of 23 August 1995, which has been in force since 1 September 1995.
42. (No. 39 of document IP/C/13)  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 and administrative infringement
under the Industrial Property Act.  Such requests will be substantiated and decided on the basis of
Title VI, Chapter II of the Act.
43. (No. 40 of document IP/C/13)  Must individual authorized users of a geographical
indication use that geographical indication continually to retain their right to use it and, if so,
how is their use determined and how long will disuse be permitted?
The Industrial Property Act contains no provisions of this type concerning authorized users of
an appellation of origin.  See reply 35.
44. (No. 41 of document IP/C/13)  If there is a dispute over continuity of use by a particular
party, how is it resolved?
See reply 43.
45. (No. 42 of document IP/C/13)  Does the regim e for protection of geographical indications
allow geographical indications to be licensed and, if so, what conditions are imposed on suchlicences?  If such conditions are not met, what  is the effect on the geographical indication?
The Industrial Property Act makes no provision for the user to "license" the authorization to
use an appellation of origin, because he is not the owner.  However, under Article 175 of the Act, the
authorized user of an appellation of origin may, by agreement, permit its use by those, and only those,
who distribute or sell the products covered by the appellation.  Such agreement must be approved by
IMPI and must include a clause establishing an obligation upon the distributor or marketer to fulfil therequirements of points III and IV of Article 169 of the Act and Article 68 of the Regulations under the
Act.
46. (No. 43 of document IP/C/13)  How is "grandfathered use" of a geographical indication,
under Article 24.4 of the TRIPS Agreement, applied in your country?
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 Mexico is a party…"; "grandfathered use" is therefore applied in the
manner specified in Article 24.4 of the TRIPS Agreement.
F. 
RELATIONSHIP TO TRADEMARKS
47. (No. 44 of document IP/C/13)  What step s are taken to ensure that, in recognizing a
geographical indication, the obligations of Articl e 16.1 of the TRIPS Agreement are not nullified
and impaired?
See reply 49.IP/C/W/117/Add.14
Page 11
48. (No. 45 of document IP/C/13)  What step s are taken to ensure that, in recognizing a
geographical indication, the obligations of Arti cle 16.2 and 16.3 of the TRIPS Agreement are not
nullified and impaired?
As indicated in reply 46 and bearing in mind reply 1, 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, paragraphs 2 and 3.
49. (No. 4 of document IP/C/13/Add.1)  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 wi nes or spirits with respect to such wines or
spirits not originating in the indicated territory?
Article 90 of the Industrial Property Act prohibits the trademark registration of:
"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
with 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 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".
50. (No. 46 of document IP/C/13)  What procedures are foreseen in case of a conflict of a
geographical indication with a trademark?
The same procedures as were specified in reply 42.
G. ENFORCEMENT
51. (No. 47 of document IP/C/13)  How are righ ts in the geographical indication enforced?
Are provisions available under unfair competitio n law?  Trademark law?  Other laws?  Provide
citations to the laws and, if they have no t been notified under Article 63.2 of the TRIPS
Agreement, please provide copies.
See reply 1.
52. (No. 48 of document IP/C/13)  Who has the right to enforce a geographical indication?
According to Article 167, appellations of origin are owned by the Mexican State and may
only be used under an authorization issued by IMPI.
See also reply 53.
53. (No. 49 of document IP/C/13)  What judicial  or administrative bodies have jurisdiction
over enforcement actions related to geographical indi cations?  Are there fees involved and, if so,
what are those fees?IP/C/W/117/Add.14
Page 12
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).
The fees payable are those set out in by the Decree establishing tariffs for the services
provided by the Mexican Industrial Property Institute, as published in the Official Journal of 23
August 1995 and in force since 1 September 1995.
54. (No. 50 of document IP/C/13) Must the public be notified of the existence of a
geographical indication and, if so, how and how often?
With regard to an appellation of origin, the declaration of protection is published in the
Official Journal once only.  Moreover, Article 178 of the Industrial Property Act specifies that:  "In
addition to the publications provided for in this chapter, the declarations made and authorizations
granted by the Institute shall be published in the Official Gazette, together with any measure
terminating rights granted in respect of an appellation of origin".
The Official Gazette is the official publication organ of IMPI.
55. (No. 51 of document IP/C/13)  Is unauthorized use of a geographical indication subject
to criminal action and, if so, describe the pro cedures.  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 as an offence the renewed use of an appellation of
origin, without the necessary authorization or licence, once the first administrative sanction imposed
on those grounds has become final (Article 223).  It also stipulates that the prescribed offences shall
be prosecuted 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 technica l opinion without prejudice to any civil or criminal
actions 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 judici al proceedings in respect of offences covered
by the Act, the judicial authority may adopt the measures foreseen in the Act and in the internationaltreaties to which Mexico is a party.
H. 
INTERNATIONAL AGREEMENTS
56. (No. 52 of document IP/C/13) Is your govern ment party to an international, including
bilateral or plurilateral, agreement for the noti fication 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;IP/C/W/117/Add.14
Page 13
- 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 Act provides for compliance with internatio nal 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 towhich Mexico is a party".
57. (No. 53 of document IP/C/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 as 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;
∙ Free Trade Agreement between Bolivia and Mexico, Chapter XVI, in force since
1 January 1995;
∙ Free Trade Agreement between Costa Rica and Mexico, Chapter XIV, in force since
1 January 1995;
∙ Free Trade Agreement between Colombia, Mexico and Venezuela (G3),
Chapter XVIII, in force since 1 January 1995;
∙ Free Trade Agreement between Mexico and Nicaragua, Chapter XVII, in force since
1 July 1998;
∙ Free Trade Agreement between Chile and Mexico, Chapter XV, in force since
1 January 1999.
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