In accordance with article 156 of the Intellectual Property Law, Designation of Origin is the name of a geographic area of the country which designates a specific product made in such area and whose quality or characteristics are a result of its geographic environment, including natural and human elements.
This definition requires:
- The demarcation of a specific geographic zone (proposed by the interested parties)
- Proven recognition or repute of the geographic site (declaration)
- Specific production conditions (Standard)
- Type/characterization
In general, there is a consensus among the experts on the matter who agree that the decisive factors with respect to a designation of origin are the following (in order of importance);
- Climate.- With regard to climate, the main elements are light intensity, hours/light, precipitation, temperature, relative humidity.
- Soil.- Soil texture and chemistry are relevant factors.
- Plant species.- Agave tequilana Weber blue variety is the plant species used for producing Tequila. It is native to this region and thus perfectly adapted to the climate and soil conditions.
- Human Activity.- This refers to the human activities involved in the entire process, from the planting to the harvesting of agave, to the production and ageing of Tequila. These activities may include techniques, artisanal traditions and skills.
Once the requirements necessary for the official recognition of a designation of origin have been documented, article 157 of the IPL establishes that protection of the Designation of Origin shall initiate with a declaration on such matter issued by the Ministry.