Collective intellectual property for the development of indigenous communities

Abstract

The objective of this article is to demonstrate that distinctive signs of intellectual property (collective marks, certification marks, geographical indications, and designations of origin) are instruments with the potential to foster the comprehensive, intercultural, and sustainable development of Indigenous communities in Mexico. The study employs a qualitative approach using the inductive method and documentary techniques. It argues that the debate between critics and supporters of intellectual property for Indigenous commuities is unproductive when it starts from the concept of “collective intellectual property”. As a result, the use of these instruments by Indigenous communities in Mexico has increased. The study is original given the scarcity of legal references on this topic and it is limited to current legislation and Mexican experience from 2020 to 2026. The conclusion is that distinctive signs can, under certain conditions, stimulate the development of Indigenous communities.