[Note by the Secretariat: the order of Mexico's responses in IP/C/W/117/Add.14 is different from the order in which the questions appear in the checklist documents IP/C/13 and IP/C/13/Add.1. To facilitate the viewing of eTRIPS search results, the Secretariat has matched Mexico's responses with the corresponding questions as originally numbered. In addition, with respect to responses that contain a cross-reference to a question number, the Secretariat has noted the corresponding original question number as well as provided the text of the response to the cross-referenced question.]

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 a geographical 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).

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.

Yes, both products and services are protected. In the case of appellations of origin, provision is only made for the protection of products.

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: "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.

Not applicable. Protection of geographical indications is provided for in the Industrial Property Act.

TEQUILAApplied to an alcoholic beverage of the same namePublication in the Official Journal of 9 December 1974Registration No. 669, of 13 April 1978MEZCALApplied to an alcoholic beveragePublication in the Official Journal of 28 November 1994Registration No. 731, of 9 March 1995OLINALAApplied to handicraftsPublication in the Official Journal of 28 November 1994Registration No. 732, 9 March 1995TALAVERAApplied to handicraftsPublication 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.

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."

No (see reply 1). [Note by the Secretariat: Reply 1 corresponds with the answer to number 4.] ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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: "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.

[Answer 4: 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: "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.]

See reply 9 [Note by the Secretariat: Reply 9 corresponds with the answer to number 16(a).]

[Answer 16(a): 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. [Note by the Secretariat: Reply 1 corresponds with the answer to number 4.] An indication of source is defined in accordance with the Paris Convention for the Protection of Industrial Property. ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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: "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.]

No, in accordance with the definition in the TRIPS Agreement.

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 production processes and its packaging will be subject; 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".

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). [Note by the Secretariat: Reply 9 corresponds with the answer to number 16(a).]

[Answer 16(a): 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. [Note by the Secretariat: Reply 1 corresponds with the answer to number 4.] An indication of source is defined in accordance with the Paris Convention for the Protection of Industrial Property. ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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: "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.]

The types of protection afforded for a geographical indication are specified in reply 3. [Note by the Secretariat: Reply 3 corresponds with the answer to number 2.]

[Answer 2: 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.]

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 the Institute 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".

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). [Note by the Secretariat: Reply 3 corresponds with the answer to number 2.]

[Answer 2: 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.]

Foreign geographical indications or appellations of origin are recognized and protected in accordance with the international treaties to which Mexico is a party.

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.

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. [Note by the Secretariat: Reply 1 corresponds with the answer to number 4.] An indication of source is defined in accordance with the Paris Convention for the Protection of Industrial Property. ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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: "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.

[Answer 4: 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: "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.]

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). [Note by the Secretariat: Reply 3 corresponds with the answer to number 2.] ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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.

[Answer 2: 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.]

See reply 21. [Note by the Secretariat: Reply 21 corresponds with the answer to number 19.]

[Answer 19: 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.]

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).

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.

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 since 1 September 1995).

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. [Note by the Secretariat: Reply 13 corresponds with the answer to number 10.]

[Answer 10: 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 production processes and its packaging will be subject; 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".]

See replies 13 and 24. [Note by the Secretariat: Replies 13 and 24 correspond with the answers to numbers 10 and 21, respectively.] ------------- (Text of "Reply 13" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 13. (No. 10 of document IP/C/13) In determining 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 production processes and its packaging will be subject; 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". ------------- (Text of "Reply 24" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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.

[Answer 10: 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 production processes and its packaging will be subject; 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".]

[Answer 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 methods of packaging, together with any other criteria considered relevant by the applicant (Article 159, points IV and VII). See also reply 13. [Note by the Secretariat: Reply 13 corresponds with the answer to number 10.]]

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.

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).

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 make comments 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.

See reply 28. [Note by the Secretariat: Reply 28 corresponds with the answer to number 25.]

[Answer 25: 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 make comments 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.]

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. [Note by the Secretariat: Reply 18 corresponds with the answer to number 15.]

[Answer 15: 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. [Note by the Secretariat: Reply 1 corresponds with the answer to number 4.] An indication of source is defined in accordance with the Paris Convention for the Protection of Industrial Property. ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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: "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.]

The period of validity of a declaration of protection 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.

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. [Note by the Secretariat: Replies 26 and 31 correspond with the answers to numbers 23 and 28, respectively.]

[Answer 23: 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.]

[Answer 28: The period of validity of a declaration of protection 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.]

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. [Note by the Secretariat: Reply 26 corresponds with the answer to number 23.]

[Answer 23: 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.]

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.

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. [Note by the Secretariat: Reply 34 corresponds with the answer to number 31.] ------------- (Text of "Reply 34" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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.

[Answer 31: 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.]

See replies 34 and 35. [Note by the Secretariat: Replies 34 and 35 correspond with the answers to numbers 31 and 32, respectively.]

[Answer 31: 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.]

[Answer 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). See also reply 34. [Note by the Secretariat: Reply 34 corresponds with the answer to number 31.] ------------- (Text of "Reply 34" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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.]

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. [Note by the Secretariat: Reply 34 corresponds with the answer to number 10.]

[Answer 10: 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 production processes and its packaging will be subject; 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".]

See replies 31 and 37. [Note by the Secretariat: Replies 31 and 37 corresponds with the answers to numbers 28 and 34, respectively.]

[Answer 28: The period of validity of a declaration of protection 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.]

[Answer 34: 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. [Note by the Secretariat: Reply 34 corresponds with the answer to number 10.]]

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 to the 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.

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).

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.

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.

The Industrial Property Act contains no provisions of this type concerning authorized users of an appellation of origin. See reply 35. [Note by the Secretariat: Reply 35 corresponds with the answer to number 32.]

[Answer 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). See also reply 34. [Note by the Secretariat: Reply 34 corresponds with the answer to number 31.] ------------- (Text of "Reply 34" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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.]

See reply 43. [Note by the Secretariat: Reply 43 corresponds with the answer to number 40.]

[Answer 40: The Industrial Property Act contains no provisions of this type concerning authorized users of an appellation of origin. See reply 35. [Note by the Secretariat: Reply 35 corresponds with the answer to number 32.]]

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 the requirements of points III and IV of Article 169 of the Act and Article 68 of the Regulations under the Act.

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.

See reply 49. [Note by the Secretariat: Reply 49 corresponds with the answer to number 4.]

[Answer 4: 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: "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.]

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.

The same procedures as were specified in reply 42. [Note by the Secretariat: Reply 42 corresponds with the answer to number 39.] ------------- (Text of "Reply 42" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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.

[Answer 39: 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.]

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".

See reply 1. [Note by the Secretariat: Reply 1 corresponds with the answer to number 4.] ------------- (Text of "Reply 1" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 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: "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.

[Answer 4: 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: "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.]

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. [Note by the Secretariat: Reply 53 corresponds with the answer to number 49.] ------------- (Text of "Reply 53" of IP/C/W/117/Add. 14 - REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS - Checklist of Questions - Responses from Mexico) 53. (No. 49 of document IP/C/13) What judicial or administrative bodies have jurisdiction over enforcement actions related to geographical indications? Are there fees involved and, if so, what are 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). 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.

[Answer 49: 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.]

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.

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.

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 technical 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 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.

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 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".

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.