H.E. Ambassador Dr Walter Werner

Mexico

9 REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2

161.   As mentioned under item 2, the reform of the Industrial Property Law, published in the Official Journal on 13 March 2018, reflects our country's commitment to establishing legal provisions which are equivalent to those of our trading partners and consistent with the TRIPS Agreement and which aim to create schemes to improve the protection of industrial property, so as to promote economic growth and ensure greater certainty in international trade. 162.   Mexico's updated replies to the GI checklist were published on the WTO's official website in document IP/C/W/117/Add.14/Rev.1. In accordance with the provisions of the TRIPS Agreement, our country made amendments to the Industrial Property Law, which can be summarized as follows: 163.   Geographical indications have been incorporated into domestic legislation, and a common procedure has been established for the processing and use of national appellations of origin and geographical indications. A procedure has been created for the registration of foreign appellations of origin and geographical indications in the national registry, and administrative offences have been established in this area. These reforms have been in force since April 2018 and we consider that they will have a positive impact for users of the industrial property system. 164.   The delegation of Mexico wishes to thank you for listening to this brief presentation and reiterates its readiness to reply to any questions by the Members of this Organization.

29.   The Chair said Article 24.2 of the TRIPS Agreement required the Council to keep under review the application of the TRIPS provisions on geographical indications (GIs). The principal tool for the review was the Checklist of Questions (document IP/C/13 and Add.1). Since the meeting in February, Mexico had submitted updates to its earlier responses that had been initially submitted in 1999 (circulated in document IP/C/W/117/Add.14/Rev.1).
30.   The representatives of Mexico and Switzerland took the floor.
31.   The Chair recalled that, of the 164 Members, fewer than 50 had responded to the Checklist. Many of the earlier responses were also likely to be outdated, because they had been submitted more than 10 years ago, although GI protection was an active area of legal and policy development in some Members, as well as in a number of free trade agreements (FTAs). He encouraged delegations to consider responding to or updating initial responses so that important developments were duly reflected in Members' contributions.
32.   The Council took note of the statements made and agreed to revert to the matter at its next meeting.

IP/C/M/89, IP/C/M/89/Add.1