On October 6, 2023, the Secretary of Economic Development and Labor of the State of Morelos filed before the Mexican Institute of Industrial Property (“IMPI“), the application for protection of Gabanes de Hueyapan, Morelos as a Geographical Indication, to which after a few months of examination, today, February 29, 2024, was published in the Official Gazette of the Federation the Declaration of Protection of the Geographical Indication Gabanes de Hueyapan, Morelos.
This Declaration of Protection entails that the origin of this type of traditional garment consisting of a wool fabric will be attributed exclusively to the Municipality of Hueyapan, which is an indigenous community located at the foothills of the Popocatépetl Volcano, which was recently incorporated into the state of Morelos in December 2017.
The protection of this product represents a great pride for the people of Hueyapan, since it means the recognition of a valuable production process totally artisanal and traditional of the zone, from the job of obtaining the sheep wool, the elaboration of the threads, the dyeing, which mainly uses plants and insects, to the weaving with a waist loom, characteristic of these gabanes.
In accordance with the Federal Law for the Protection of Industrial Property, a Geographical Indication (“GI“) is understood as the recognition of: i. A geographical area that serves to designate a product as originating therein; ii. A reference indicating a product as originating therein; or iii. A combination of the name of a product and a geographical area. Provided that certain quality, characteristics or reputation of the product are attributed to the geographical origin of any of the following: raw materials, production processes or natural and cultural factors.
Sometimes it may be difficult to differentiate a GI from an Appellation of Origin (“AO“), since they are both legal concepts oriented to protect products of certain qualities that come from certain geographical areas as long as the quality is attributable to the geographical area from which they come, however, the AO is more stringent, since it needs to comply with all the requirements listed in the previous paragraph, while the GI can comply only with one of the three requirements mentioned above.
In Mexico, 16 applications have been filed to protect products as Geographical Indications, however, only 5 of them have received such protection: Cajeta de Celaya, Tallas de Madera (Wood Carvings): Tonas and Nahuales from the Valles Centrales de Oaxaca, Seda (Silk) de Cajonos, Tapetes de Teotitlán and, as of today, Gabanes de Huayapan.
It is important to remember that the holder of the rights over the AO’s and IG’s in Mexico is the Mexican Republic itself, and it is IMPI the one in charge of authorizing the use of such rights. Furthermore, IMPI is empowered to exercise the protection and defense actions of the AO’s and IG’s, although it can delegate these tasks to a third party, such as a Regulatory Council.
In VAHG we provide support and advice on the protection of AO’s and IG’s, as well as for individuals to legally participate in the industry of products protected by a Appellation of Origin or Geographical Indication. In case you are interested in this area, please contact our team or one of the lawyers mentioned below:
| Mariana González Sánchez | Partner
Intellectual Property +52 (33) 38171731 Ext 222 | mgonzalez@vahg.mx |
Martín Arias cuevas | Associate
Intellectual Property +52 (33) 38171731 Ext 236 | ariascuevas@vahg.mx |
**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in Mexico.