The issue focuses on the possibility that a Denomination of Origin (DO) such as tequila or mezcal can be managed by different entities that decide which product meets the criteria for its sale and export. The industrial property law in Mexico, which regulates DOs and Geographical Indications, does not specify the structure, functions, and powers of the regulatory councils, even though they are practically essential for managing the rights of the DO globally, promoting discipline and training among producers, engaging in marketing, advertising, and certifying products to ensure quality and compliance with standards.
Recent resolutions by the Cofece and a collegial court have attempted to allow other entities besides Comercam and the Regulatory Council of Tequila to certify mezcal and tequila, which jeopardizes an entire industry based on consumer trust. It is crucial to make sound decisions in this process, as experience has already shown the answers to the raised concerns.
For a DO to be recognized and protected, it is necessary to demonstrate that the inputs used in products with that designation share unique characteristics conferred by the geographical environment of origin, such as climate, soil, water, among other non-replicable elements.
Unified administration through a single regulatory council has been fundamental for the survival and growth of hundreds of European DOs. In a complex market like today's, with challenges in regulation, intellectual property, imports, piracy, rules of origin, and foreign trade, having a solid and experienced regulatory council becomes essential to manage the various interests inherent to a DO.
Mexico is at a point where its intangible cultural heritage can generate wealth in all regions, benefiting producer communities from different sectors. The urgency to find a solution to guarantee the protection of denominations of origin in Mexico is evident, considering the historical problems of lack of regulation and support they have faced.
