By Marco Tena
On October 24 of this year, 2024, the Declaration of Protection of the Geographical Indication “Chicle Maya de Quintana Roo y Campeche” was published in the Official Gazette of the Federation. This means that any product that meets the characteristics established in the Declaration of Protection is protected by Geographical Indication.
Taking into account the above, this means that according to the Declaration of Protection, all chewing gums made of chicozapote latex from the regions of Quintana Roo and Campeche, with light brown or beige color, main aroma of resin, and soft to chew, in addition to complying with the traditional process for its elaboration, can be considered as “Chicle Maya” and are protected by the Geographical Indication.
This may seem complicated, so, to understand it, we will have to define what this Protection itself is.
In Mexico, the Intellectual Property System, through the Federal Law for the Protection of Industrial Property, protects the elaboration of products based on traditional methods, linked to the customs of delimited geographical areas, and which are characterized by having an important historical and cultural significance.
Among these, the category of Geographical Indication is used to identify products whose characteristics are granted by the natural qualities of the geographical environment where it is produced, for this, it is necessary that the product, being originally from that particular area, has a quality or reputation mainly attributable to its geographical origin.
The legal framework that regulates Geographical Indications derives from the fact that our country is a member of the Paris Convention, which entered into force for the signatory countries in 1884, but in Mexico it was signed later and published in the Official Gazette of the Federation on July 27, 1976. Under this, Mexico was obliged to incorporate this concept in its regulations.
As such, Geographical Indications are used for agricultural products, foodstuffs, wines and spirits, handicrafts and industrial products. And there are 4 main ways to protect a Geographical Indication:
- So-called sui generis systems (special protection systems)
- Collective or certification marks
- Modalities focused on commercial practices, including administrative product approval regimes; and
- Unfair competition laws.
The protection of the Geographical Indication is widely used, and essential, for a country with as many characteristic regional elements in the culture itself as Mexico.
