Still in a latent state, geographical indications – El Financiero

Almost three years after the promulgation of the new Federal Law for the Protection of Industrial Property, there are still pending matters and decisions to be made. Of the various new figures of the law, one stands out for the social significance it represents for the development of multiple communities of traditional producers in the country. We are talking, of course, about geographical indications (GI).

Unlike the well-known denominations of origin, with which they share a series of characteristics, in the case of indications it is not necessary to demonstrate the participation of attributes as scarce as endemic inputs and traditional manufacturing methods. It is enough to demonstrate that a product has taken the name of a town, whose fame has transcended the very geography of its origin. Cajeta de Celaya or Sarapes de Saltillo are two good examples of geographical indications.

The effect of the protection is the same as in the case of denominations of origin, consisting of being able to reserve their use exclusively for producers in the benefited area, reaching a good part of the countries with which we have treaties in the prohibition in the matter. If the example of Tequila has not motivated us to follow the same steps, it is difficult to think of something else that would, however, the conditions already seemed ideal when the geographical indications were inserted into the law.

What are we missing then to detonate growth and productive chains of products that have a geographical indication? As often happens in these cases, the answer is multifactorial. In the first instance, we can say that the direct involvement of producers is necessary as immediate beneficiaries; It is also advisable to accompany the state governments as promoters and funders of the efforts; and as a conduit for the achievement of legal protection, the participation of the IMPI is necessary, from the moment the idea is detonated until beyond the protection decree. For their operation, GIs require financing for the studies that support their existence, as well as for the formation and operation of their regulatory councils. It also requires the sensitivity and support of the Ministry of Economy in the formation and approval of the applicable official standards.

As has been widely accredited in various regions of the world, GIs have a heritage dimension, but also a cultural and tourist dimension. It is a figure that allows, through the legal appropriation of a name, to generate a sense of belonging and a discipline of the producers that is not achieved spontaneously. For multiple communities in Europe (and little by little in other latitudes), being holders of a GI has been the watershed in the creation of exportable products with high added value.

There are many routes to achieve the development of GIs in our country. One possible is the formation of a new body, with laws and sufficient resources to promote it; Another way is to make maximum use of IMPI’s resources and experience in the matter, as a way of generating the necessary balance in the system. Intensive user fee payments, redirected to protect and foster growth for those who have been marginalized over many years.