Managing IP and Omar Serrano remind that Mexican legal system does not regulate geographical indications. Mexican Industrial Property Law only”prohibits the registration as a trade mark of a geographical denomination when it indicates the provenance of a product and may cause confusion regarding its origin”.
There are proposed changes of LGIAO (Law for Geographical Indications and Appellations of Origin) aiming to protect consumers and Mexican producers by accentuating Mexican cultural and geographical richness and related products and, on the other side, fighting counterfeiting and unfair competition.
Serrano signalizes also about some of the issues that must be taken onto consideration before the adoption of the amendment, such as: the insufficiently regulated and excessive sanctions and crimes penalties provided; the need of revision of certification marks for products designated by geographical indications; the possibility of contradiction in the right of opposition in some cases.
