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 2026

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

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article