Mexico City, February 21st, 2022.
On January 17, 2022, the “Federal Law for the Protection of the Cultural Heritage of People and Indigenous and Afro-Mexican and Communities” (LFPPCPCIA) was published in the Official Gazette of the Federation, which entered into force the day after its publication. The corresponding regulation must be published within a period of 180 calendar days.
The purpose of this Law is to recognize, guarantee the protection and safeguard of the development of the Cultural Heritage (CH) and the collective Intellectual Property of the Indigenous and Afro-Mexican Peoples and Communities (IAPC).
Purpose of the LFPPCPCIA
Among its purposes:
1) The one that under its free determination and autonomy, define, preserve, protect, control and develop the elements of their CH and;
2) Define the use, enjoyment and exploitation of their CH and its use by third parties.
3) Establish a protection system and establish sanctions for misappropriation and the use, exploitation, commercialization or reproduction of the CH, Knowledge and Cultural Expressions Traditional (KCET).
Protection actions must guarantee, among other principles, bioculturality, communality, fair and equitable distribution of benefits, self-determination and autonomy, as well as multiculturalism and interculturality and respect for cultural diversity.
Nullity of Agreement
The acts, contracts or agreements entered into by any member of a community that individually has signed or agreed with third parties that derive in the use, exploitation and commercialization of the elements of the CH will be null and void.
Recognition of Collective Rights over CH
Collective rights over the CH are recognized and may coexist in two or more Communities. Intellectual property rights are also recognized for individual creators and producers who are members of a town or community, unless otherwise determined by their regulatory systems. The Protection System of the CH of the IAPC and a Registry System are created.
Violations, Sanctions and Crimes
Likewise, it provides infractions, sanctions and crimes for unauthorized use. The infractions and imposition of fines contained in the Law will be substantiated and sanctioned by the National Institute of Copyright (INDAUTOR) with supplementary application of the Federal Law of Administrative Procedure.
(On the implications of the LFPPCPCIA and the Protection of Cultural Expressions in the Federal Copyright Law (LFDA) in the fixation of works, use of trademarks or in various industries such as film, culture, tourism see article). https://www.basham.com.mx/mailing/N.I.PI-ING2-18FEB22.pdf
If you require additional information, you can contact Basham’s Intellectual Property team.
S I N C E R E L Y,
Juan Carlos Hernández