Mexico: Traditional cultural expressions and traditional knowledge

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Traditional cultural expressions and traditional knowledge

mexico-traditional-knowledge-min-final.jpg

About a year ago, news about the copying of a design belonging to the indigenous community of Santa Maria Tlahuitoltepec ("Mixes community"), in the State of Oaxaca, Mexico, by Isabel Marant (a famous fashion designer) caused great controversy in social media.

According to the news, Isabel Marant copied the designs of the blouses and was trying to obtain protection over those designs to prevent the Mexican community from "manufacturing and commercializing" the blouses with those designs. Then, Marant clarified that the designs come from the Mixes community and denied that she was trying to obtain protection over them.

This case of the alleged plagiarism of the traditional designs of the Mixes community is just the tip of the iceberg, as there are other cultural expressions such as traditional medicine, regional dance, intangible heritage, the native languages and a variety of traditional cultural expressions that are being exploited by third parties without restrictions.

Mexican Law does not provide adequate protection for traditional cultural expressions (TCE) and traditional knowledge (TK) of communities. The Copyright Law protects "popular culture", providing:

Literary or artistic works, works of popular art or craft works that have evolved and are perpetuated in a community or ethnic group with its origins or roots in the Mexican Republic shall be protected against distortion intended to discredit such works or prejudice the reputation or image of the community or ethnic group to which they belong.

It also mentions that the use of those works shall be free, provided that they are not deformed, intended to discredit the works or prejudice the reputation or image of the community. Moreover, it provides that "in any fixation, representation, publication, communication or use in any way of those works, the community or ethnic group or the region of the Mexican Republic to which it is specific shall be mentioned".

Therefore, our legal framework should provide mechanisms for achieving protection for all the TCEs and TK. In order to reach our goal, there are at least three issues that should be addressed: (1) to define or catalogue the TCEs, TK and intangible heritage of the indigenous communities; (2) to recognise the indigenous communities as subjects of public law, which allows them to enjoy collective legal personality to carry out legal acts (there are few federal laws that have recognised these communities as subjects of law); and (3) to adopt sui generis laws to protect the specific TCEs and TK once they are catalogued or at least, to amend the Copyright Law to include all the TCEs and TK of the Mexican indigenous communities.

celis.jpg

Martha Célis


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
In the first in a new podcast series celebrating the tenth anniversary of IP Inclusive, we look back at the network’s origins and discuss its mission
Rebecca Schwarz at Haynes Boone shares how her team secured victory for biopharma client RedHill in a licensing dispute involving a developmental cancer drug
News of a breakaway firm launching in Germany and a spike in vaccine-related patent applications were also among the top talking points
A flurry of hiring activity among UK firms suggests they are confident of mounting a serious challenge at the UPC
With the submission deadline approaching, we sat down with our research team to provide top tips on how to make your firm stand out
EA, owner of video games including Madden and The Sims, will be sold to a consortium including Saudi Arabia’s Public Investment Fund and a firm owned by Donald Trump’s son-in-law
Gift this article