Propuestas de manejo de Propiedad Intelectual para los retos del sector vitivinícola en sostenibilidad y para enfrentar el cambio climático

Abstract

This research studies the functioning of three categories of intellectual property that have the potential of helping out the vitivinicultural sector to face the sustainability and climate change challenges without losing their distinctiveness and reputation in the market. Specifically, we review the geographical indications, denominations of origin and certificate trademarks. These intellectual categories refer to the prestige of products, in regard to their origin. But their scope and functioning are different. We study the advantages and obstacles that the denominations of origin face in Mexico in other productive sectors. We contrast these elements with those of geographical indication and certification trademarks, to assess which of these categories involve a more appropriate operation to distinguish wine products that comply with the OIV sustainability principles. Our contribution portrays two proposals based on the national and international legal context of Mexico. For instance, the more recent Treaty between Mexico, United States and Canada, for the first time in the region, recognizes certification trademarks (article 20.18) and indications of origin (article 20.29). It should be noted that, even though the geographical indication is a category that already exists among the wine sector in other OIV member countries, GIs and certification trademarks were recently recognized within the national legislation in Mexico in 2018. Hence, these categories of intellectual property are not yet in use in the national wine sector that is on the rise in the country. Therefore, it is relevant to evaluate which of them may contribute facing the mentioned challenges; the proposals of this research are: Firstly, the possibility of establishing a certification trademark for those products that comply with the principles of sustainability is analyzed. For this purpose, it is important that the rules of operation of the certification trademark have flexible conditions that can be easily updated to the social and climatic context that may occur in each harvest. The second proposal reviews the possibility of establishing a cross-border geographical indication, to distinguish wine products from California in USA and Baja California, Mexico. If the conditions of the legal framework are feasible for such GI, the producers in this territory may collaborate to deal with their different needs, having a distinctive sign in common, with which the consumer can identify this production area. Each of the proposals generate different alternatives that intent to give the necessary flexibilities the vitivinicultur sector need to accommodate the climate change conditions of each harvest, but preserving the umbrella distinctiveness for small-scale producers in the market. This research will develop its hypothesis through the study of the intellectual property international framework that applies for Mexico, together with the literature that has been developed regarding the indications of origin in the vitivinicultural sector.