Resolution granting Protection of the Appellation of Origin 'Mezcal', applied to Alcoholic Beverages of the Same Name

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RESOLUTION BY WHICH IS GRANTED TO THE PROTECTION PROVIDED FOR DESIGNATION OF ORIGIN MEZCAL, APPLIED FOR ALCOHOLIC BEVERAGE OF THE SAME ...

Mezcal

RESOLUTION BY WHICH IS GRANTED TO THE PROTECTION PROVIDED FOR DESIGNATION OF ORIGIN MEZCAL, APPLIED FOR ALCOHOLIC BEVERAGE OF THE SAME NAME.

The Mexican Institute of Industrial Property, based on Articles 6., Section III and 163 of the Law of Industrial Property, resolves to make the following statement to protect the appellation of origin of the name "Mezcal", in accordance with following:

BACKGROUND

1. With letter dated 13 July 1994, with entry sheet 64238, the National Chamber of Industry of Mezcal, AC, through its President O. citizen engineer Jorge Mendez Chagoya, asked the Directorate General of Technological development of the Ministry of Commerce and Industrial development, the declaration of protected designation of origin "Mezcal".

In accordance with the provisions of Article 160 of the Law on the Promotion and Protection of Industrial Property, the request initiated the procedure for declaration of protection that this resolution is concerned.

2. In terms of Article 161 of the Law on the Promotion and Protection of Industrial Property, the General Directorate of Technological Development of the Ministry of Commerce and Industrial Development extract request to the previous history is concerned developed, publishing it in the Official Journal of the Federation on September 5, 1994.

3. As stated in the third paragraph of the Industrial Property Law Article 161 within two months granted for any third party to justify its legal interest, make observations or objections and provide such proof it deems appropriate .

4. From the following request were detached:

A) .- name, nationality and address of the applicant: National Chamber of Industry of Mezcal, AC, a Mexican national, established at Km 42.5 (Mitla cruise), the Oaxaca-Tehuantepec, Mitla, Oaxaca road. is a civil association constituted and organized with the laws of Mexico.

B) .- name appellation and product or products intended to cover: "MEZCAL" to be applied to distilled alcoholic beverage, named "MEZCAL" which is made with products according to the NMX-V -8-1993-SCFI, with agaves of the species specified in the Standard.

C) .- Legal interest of applicant: He founded his legal interest in being a national group, whose purpose is to ensure the improvement of the industries producing Agave and distillation of alcoholic beverage called "Mezcal" as well as raising the level social and economic development of the population engaged in the exploitation of raw materials, production, marketing and distribution of "Mezcal".

D) .- Signaling designation of origin: The raw material for the production of alcoholic beverage is the genus Agave species with established Mexican Standard cited above; seeding, cultivation and extraction of raw materials takes place in the states of Guerrero, Oaxaca, Durango, San Luis Potosi and Zacatecas, particularly in the state of Oaxaca there is an area called the "Mezcal Region" municipalities Solá comprising Vega, Miahuatlán, Yautepec, Tlacolula, Ocotlan, Ejutla and Zimatlán.

E) .- Description of the manufacturing process and products to which the appellation of origin shall apply: According to the Mexican Standard NMX-V-8-1993-SCFI, to be applied to production of alcoholic beverage called "Mezcal" .

I. Definition:

"MEZCAL": The alcoholic beverage obtained by distillation and rectification of musts prepared with the extracted sugars stem and leaf base of mezcaleros agaves specified in International Standard, previously subjected to fermentation with yeast, allowing add up 40% other sugars in the preparation of said must, as long as the components that give the characteristics of that product are eliminated.

The "MEZCAL" is a clear liquid with particular organoleptic odor and flavor according to the type of agave (s) used (s) and the process that is produced; is colorless or slightly yellow if ripened rested or doomed considering the slow maturation or transformation that takes place during their stay in oak barrels or oak.

II. Types of "Mezcal":

"Mezcal" 100% agave is one that comes from musts containing sugars exclusively from agaves listed on the Mexican Norma, being young, rested or aged, it may be doomed.

"Mezcal" is one that comes from musts agaves listed in the Mexican Standard and has been added to them up to 40% of other sugars, according to the preceding section, being young, rested or aged, may It is doomed.

III. Commercialization:

Marketing "Mezcal" will bulk and packaging specifications Mexican Standard for types 100% agave or "Mezcal" and only be held in Mexico; for the international market will not be held for sale in bulk and only be exported in containers up to 5 liters packaging and labeling of origin also complying with the observances established in the Mexican Standard.

F) .- detailed analysis of the links between appellation, product and territory Marking: The drink of "Mezcal" is extracted and produced in the states of Guerrero, Oaxaca, Durango, San Luis Potosi and Zacatecas, particularly in the region of Mezcal State Oaxaca, which gives rise to the name of the product by the historical tradition in the production process in artisan factories and currently a modernization process. It is important to note that each state has its own characteristics derived from the variety of agave and the process used, allowing identification and distinction with other national or foreign drinks.

5. Within the prescribed period the following observations regarding the application for protection were presented:

A) .- In a letter received at the Mexican Institute of Industrial Property on October 14, 1994, the Union of Producers of Mezcal de Santiago Matatlán, AC, through its Chairman citizens Octavio Jimenez Monterroza, submitted comments to the publication of the extract of the application in accordance with paragraph three of this resolution and relate mainly to item 5 mentioned extract published mainly presented suggestions to the draft Mexican Standard published in the Official Journal of the Federation on August 17, 1994.

B) .- In a letter dated 24 October 1994 and received at the Mexican Institute of Industrial Property, the Ministry of Industrial Development and Commercial Oaxaca State Government, through the Secretary Mr. Eduardo Holguin citizen Z. requested the continuation of the procedure for declaring the protection of the designation of origin "Mezcal", on the grounds that the National Chamber of Industry of Mezcal, AC, has not been integrated or protocol. Because of the above mentioned in writing that it is community interest of producers of "Mezcal" state of Oaxaca, continue processing the application for the declaration of protection, which is based on Articles 158 and 159 the Industrial Property Act and in section III of the said extract,

C) .- In a letter dated November 3, 1994, submitted by the citizen licensed Secretary Eduardo Holguin Z., the Ministry of Industrial Development and Trade of the Government of the State of Oaxaca, he requested to be taken into account the proposal in the letter dated 24 October 1994. It also sent a simple copy of the brief presented by the Union of Producers of Mezcal de Santiago Matatlán, AC, which requested the change to the name of the municipality of Tlacolula included in the "Mezcal Region "by the municipality of Santiago Matatlán Tlacolula.

CONSIDERATIONS

6. The comments referred to the above were duly considered by the Mexican Institute of Industrial Property and proceed to issue the following:

A) .- The comments submitted by the Union of Producers of Mezcal de Santiago Matatlán, AC, in the letter dated October 14, 1994, refer to the description of manufacturing process and products to which the appellation of origin shall apply according to Mexican Standard NMX-V-8-1993-SCFI not for the Mexican Institute of Industrial Property consider the comments made to be incorporated into the protected designation of origin, notwithstanding any modifications or changes to the Standard Mexico, the term incorporated protection declaration in accordance with Article 159, section IV of the Law of Industrial Property.

B) .- With regard to the application lodged on 24 October 1994, by the Ministry of Industrial Development and Commercial Oaxaca State Government, through the Secretary Eduardo Holguin licensed citizen Z., it is appropriate to continue the application process for declare the protection of designations of origin, according to the provisions of Article 158, section III, of the Law on Industrial Property.

C) .- Regarding the petition dated October 28, 1994, the Union of Producers of Mezcal de Santiago Matatlán, AC, requesting the name change of the municipality of Santiago Matatlán Tlacolula Tlacolula, we proceeded to name change Township; by the above it gives the following

RESOLUTION

FIRST.- the protection provided by Articles 157 and 167 of the Law of Industrial Property, to the designation of origin "Mezcal" to be applied to the alcoholic beverage of the same name as the corresponding Mexican Standard refers to is granted.

SECOND.- characteristics, components, processes for their preparation and marketing of alcoholic beverage "Mezcal" will be in adherence to the provisions of the relevant International Standard.

THIRD.- For purposes of this privacy is established as a geographical region comprised of the states of Guerrero, Oaxaca, Durango, San Luis Potosi and Zacatecas, particularly in the State of Oaxaca, the area called the "Mezcal Region", comprising the municipalities of Sola de Vega, Miahuatlán, Yautepec, Santiago Matatlán Tlacolula, Ocotlan, Ejutla and Zimatlán.

FOURTH.- The Mexican Institute of Industrial Property granted the right to use the appellation of origin protected by this statement to natural or legal persons who meet the requirements set out in Article 169 of the Law on Industrial Property.

FIVE.- This privacy statement may be amended in accordance with the provisions of Article 166 of the Industrial Property Act, ex officio or at the request of an interested party.

SIX.- The validity of the declaration of protected designation of origin it is determined by the existence of the conditions that motivated and shall terminate only by another declaration of the Mexican Institute of Industrial Property.

SEVENTH The Mexican Institute of Industrial Property through the Ministry of Foreign Affairs, will manage the registration of the appellation of origin that this statement refers to, for recognition and protection abroad under international treaties.

EIGHTH This resolution shall be published in the Official Gazette and the Gazette for Inventions and Trademarks.

NINTH This resolution shall take effect on the day following its publication in the Official Journal of the Federation.


Mexico City, November 11, 1994.- The Director General Jorge Amigo Castaneda .- Signature.

COMMENTS

Name

Agave,4,Cuishe,1,Distilled,1,Espadin,2,Liqueur,1,Madrecuishe,2,Maguey,3,Mexico,4,Mezcal,4,Oaxaca,4,Spirit,1,Tequila,3,Tobala,2,
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Mezcal and agaves: Resolution granting Protection of the Appellation of Origin 'Mezcal', applied to Alcoholic Beverages of the Same Name
Resolution granting Protection of the Appellation of Origin 'Mezcal', applied to Alcoholic Beverages of the Same Name
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