In light of the pronouncements made by several mezcal producers in the state of Oaxaca regarding the Mezcal Designation of Origin in Aguascalientes, it has been identified that it is likely that the challenge will not be filed due to the legal deadline, which, incidentally, is already running out, explains Alejandro Salas Domínguez, an external consultant on intellectual property issues.
A legal deadline was granted, just like what happened eight or almost 10 years ago. It has now been almost 30 days since it was published in the Official Gazette; It took 15 days after publication for a third party to file a challenge, and then another similar period for them to go to court, and the IMPI decides whether to ratify the Designation of Origin or ratify the publication they made… In my opinion, I think they won’t do it because their time has almost run out.
In addition to the above, Salas Domínguez states that any mezcal producer can file a challenge, but they must do so under certain conditions, including the legal deadline.
If these deadlines are missed, they won’t be able to do anything, and the Designation of Origin will continue to operate normally in Aguascalientes. That’s why I believe it’s advisable to wait or wait for a relatively short time, between one and two months, so that nothing comes up in court, or that they notify both the producers and the local agave product system, or the state government, if they have any interest, that there is some legal advocacy to challenge this Denomination of Origin.
Local mezcal producers filed a review appeal with the Deputy General Directorate of Industrial Property and filed an amparo lawsuit with the federal court to reverse the measure affecting the mezcal industry.
Producers can also challenge the Denomination of Origin through the media, but it really wouldn’t have any legal effect, he points out.
Regarding international recognition
Internationally, it also needs to be recognized that there was an expansion of the Mezcal Denomination of Origin and that certain municipalities will be in charge of producing it, but how will this be possible?
Mexico is a signatory to an international agreement that recognizes designations of origin for international protection. Currently, there are (if I recall correctly) 44 countries in the European Union, Asia, and some countries in Africa and Latin America.
The problem lies in the United States, as it is not a signatory to the agreement. Instead, they recognize certification marks. Therefore, the state government would have to create a mark, and producers would have to obtain a distinctive mark, so that the product entering the United States arrives with added value, Salas Domínguez concludes.
Source: oem
